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Home My WebLink About12/23/93 BAKERSFIELD MEMORANDUM December 23, 1993 TO: HONORABLE MAYOR AND CITY COUNCI~ FROM: ALAN TANDY, CITY MANAGER SUBJECT: GENERAL INFORMATION 1. Our Christmas news is that our sales tax trend has reversed itself, and is up 3% over last year! This breaks a pattern of nearly two years of downward trend in the sales tax. While it does not mean we will have a fortune to spend, it is a very positive note this holiday season. 2. Our Section 108 Grant has been transmitted out of San Francisco to Washington, D.C. We have information from the Washington, D.C. office that it should be there only a short time before being approved. 3. I am taking Wednesday and Thursday off next week (also, Friday is a City Holiday). In my absence, John Stinson will be in charge. 4. Collective bargaining guidelines are a likely subject to come up at our next Closed Session. We will get you a report on other employers, inflationary trends, and the like, in advance of any decisions. 5. Details on the VISTA Program, which is operated out of our Economic and Community Development Department, are enclosed for your information. 6. There is a draft of a press release enclosed regarding the Labor Council and its proposed lawsuit on the Hotel project. This is just a draft, in case it is needed. A letter of response to their threat to sue is also enclosed. Also, we have included a background information packet on the possibility of excluding us from prevailing wage. It is from San Luis Obispo who considered, but did not take, the action. 7. You will find enclosed a memo on Mobile Data Terminals. This is a technology which seems to have come into its own time, and which we are likely to be proposing from Asset Forfeiture Funds for the Police Department for next year. It allows for silent transfer of information and for a more direct access to information for the field Pplice Officers. 8. There is reference information enclosed on E. Del Smith and Company, a Washington, D.C. lobbyist who has approached members ofthe Council. 9. There is a status report on CDBG Projects enclosed, for your information. HONORABLE MAYOR AND CITY COUNCIL December 23, 1993 Page -2- On behalf of the City Manager's Office, we would wish to extend to you and your families the happiest of holiday seasons! AT.alb Enclosures cc: Department Heads City Clerk MEMORANDUM December 20, 1993 TO: Alan Tandy, City Manager ~ FROM: Jake Wager, Economic Development Director SUBJECT: VISTA Program for 1994 Listed below are the nine agencies expected to receive VISTAs for the year starting in April 1994 along with a brief description of their project. We submitted a renewal application to ACTION this month requesting 11 slots. FAIR HOUSING DIVISION Department of Weights & Measures 1415 Truxtun Ave. Room 602 Bakersfield, CA 93301 (805) 861-2968 Julian V. Filoteo VISTA will be utilized to publish an Accessible Housing Locator for the County of Kern and Metropolitan Bakersfield. This project will consist of identifying and recording most residential rental property that is accessible to the mobile impaired person. LIVING CONNECTIONS,'Inc. 3818 Braeburn Drive Bakersfield, CA 93306 (805) 873-1445 W. Ken Haff LCI is a private, nOn-profit, charitable organization dedicated to providing a continuum of housing for adults with mental disorders. The primary goals of LCI are to increase the quantity and improve the quality of available housing and to champion the development of enhanced support services. They plan on utilizing their VISTA in the following activities: fundraising, community relations, newsletter development, special event coordination, program . development, and the recruitment of volunteers, clients, and staff. DEPARTMENT OF HUMAN SERVICES 1006 California Bakersfield, CA (805) 931-6131 ' Chuck Cunningham The VISTA Volunteer Will Work on the State mandated General Assistance Program. The majority of the applicants' for this program are parolees and homeless. DHS would first like the VISTA to coordinate resources for these individuals (vendor hotels, employment, medical, training/rehabilitation, information & referral for the penal institutions). Secondly, DHS would like their VISTA to evaluate and develop a plan, through contacts with recipients and staff, to create an atmosphere in the reception area that would allow for information, child activities and dignity "user friendly". Thirdly, the VISTA would be asked to develop a plan to provide outreach (which could provide out-stationing of staff) for the Food Stamp and Medi-Cal programs. ECONOMIC & COMMUNITY DEVELOPMENT DEPARTMENT City of Bakersfield 515 Truxtun Bakersfield, CA 93301 (805) 326-3765 Jan Fulton Three VISTAs are requested to work at the Economic and Community Development office. One will assist with the implementation of neighborhood revitalization efforts and one will assist with the planning and implementation of a comprehensive graffiti program. The third VISTA will work with various housing projects and programs which are initiated through Economic and Communty Development. BETHANY SERVICES (BAKERSFIELD HOMELESS CENTER) 1600 E. Truxtun Bakersfield, CA 93301 (805) 322-9199 Richard Temple The Bakersfield Homeless Shelter is requesting that the VISTA assisgnment continue next year to help develop their volunteer base and support their fundraising efforts. More and more they are developing projects to meet the long term needs of homeless families. 2 ALLIANCE AGAINST FAMILY VIOLENCE 2211 17th St. Bakersfield, CA 93301 (805) 322-0931 Linda Pepperman This domestic violence shelter and counseling program has had a VISTA Volunteer for the past two years. Their program operates on predominately donated funds and donated hours. The VISTA will be used to publicize the Agency's existence to potential recipients as well as to the general public. Support mechanisms are constantly being sought, so the VISTA will help provide the needed agency exposure. KERN LINKAGE (Desert Counseling Clinic) 1655 E. California Bakersfield, CA 326-1122 Bill Drakos Kern Linkage offers case management services to the homeless mentally ill in our area. They are requesting that the VISTA assignment continue next year to develop an agency newsletter and a public presentation program. The newsletter and presentation program will help generate additional resources for their clients. CLINICA SIERRA VISTA (at Bakersfield Homeless Center) 1600 E. Truxtun Bakersfield, CA 93301 (805) 322-9199 Marie Aylward-Wall Clinica Sierra Vista now operates a "free" medical clinic at the Bakersfield Homeless Center. Clinica would like a VISTA to help locate sorely needed resources and volunteers for their project. An evaluation of current "Client Access" will be performed by the VISTA, as well as the development of a community presentation program. KERN FOOD BANK P.O. Box 134 Bakersfield, CA 93302 Gigi Sorenson The Food Bank has requested a VISTA this year to assist with better delivery of services. The~VISTA will perform a "Client Access" evaluation and make recommendations to the agency. Also, a VISTA will'be asked to coordinate food drives and fundraising activities. LABOR COUNCIL ACTION THREATENS JOBS The Kern, Inyo and Mono County Building and Construction Trades Council has threatened to sue the City of Bakersfield over the prevailing wage issue at the proposed Convention Center Hotel. Some of the issues surrounding this need additional amplification. The City does not agree with the opinion of the Trades Council that this project is subject to prevailing wage law. Despite that, the City has attempted to facilitate discussions between the Council and developer to bring the matter to positive resolution. The developer has agreed to take bids from multiple union subcontractors. The developer has, further, agreed that, if the Union bids are not Iow, they can try again! In effect, a second chance to be Iow! This unparalleled offer could not be made under public bid laws, but is only possible because it is a private sector contract. Preliminary bids already had between 50% to 70% of the work being done by Union contractors. It would appear that the threat from the Labor Council, which could stop this highly desirable project, is for the remaining 30% to 50% of the work where, it seems, fear exists that the trades cannot be the Iow bidder, even with two chances to bid! The' bond pool involved has about $50 million in prevailing wage projects in it. The threatened litigation could interrupt all of the prevailing wage work flowing out of that pool. The bond pool includes bridges badly needed to alleviate transportation problems in Northwest Bakersfield, funds for sewer expansion to Northeast Bakersfield, and lowering of a special assessment debt for property owners in Northwest Bakersfield. The Hotel project has been endorsed by the Chamber of Commerce, Downtown Business and Property Owners Association, Kern Economic Development Corporation and the Kern County Taxpayers Association, among others. City Councilmembers indicate that their constituent feedback is running about 10 to 1 in support of the project. The City could make the problem go away by exempting the City from the prevailing wage law, as San Diego and Long Beach have done, among others. That would impact all City bids, however, and is not the preferred course of action. As the time of the bond sale approaches, the likelihood of achieving targeted interest rates, absent the Labor Council threat, is looking more and more optimistic. The Labor Council view of "all or nothing" remains the single obstacle between a major community goal being, achieved, or not. BAKERSFIELD Alan Tandy · City Manager December 21, i993 Mr. John Spaulding Executive Secretary Building and Construction Trade Council 200 West Jeffrey Street Bakersfield~ CA 93305 Dear Mr. Spaulding: We received your communication addressed to the City CoUncil and CDDA, dated December 14, 1993. This is the third time that your organization has, in writing, threatened to file litigation. We do not agree with the assumptions contained in your letter about why this project falls within the province of prevailing wage. The sixteen reasons stated in your communication range from inaccuracy, misrepresentation or, quite frankly, even the absurd; for example, your item number 4 pertains to a document issued on all commercial building permits. Despite the fact that we disagree with your legal interpretation, we have functioned in good faith to try to facilitate discussions between you and the developer to bring this matter to positive resolution. We felt that we had come far along that line when the · developer agreed to accept multiple bids from Union contractors.. They went further by agreeing to let you '~ry again,, if your initial bids were not Iow. Nonetheless, these offers were met with nothing, except new letters threatening to sue us. At no point has so much as a penny been offered as a Union-offered incentive. Nor has the Labor Council made any gesture or movement to bring this to resolution. This project willnot go through if the simple translation is $600,000 more in wage costs. It does not have the margin to do' that. The bond pool, of which the Hotel is a part, contains about $50 million in prevailing wage 'projects. Is it your intent to threaten these projects, as well, by filing litigation that may interrupt sale of the bonds? Have you made it known to your membership that a few million dollars of work (the 30% to 50% of the Hotel that may' not be committed to Union subcontractors) that you are willing to threaten long-term delay to the other projects, as well? It is our wish, in the City, to City of Bakersfield · City Manager's Office · 1501 Truxtun Avenue Bakersfield · California · 93301 Mr. John Spaulding December 21, 1993 Page -2- Continue to work towards a positive resolution to this problem so that all parties can be happy with the end result. We are at a loss as to how to achieve that end when the only thing we receive from the Labor Council is a new letter threatening to sue. We would appreciate suggestions from you on how it could be successfully r;esolved. Sincerely, ?1 ,,'? ~ ~lan Tandy / City Manager AT. alb COUNCIL AGENDA REPORT' ~e McCluskey, Dk~tor of ~blic Wor~~ Prep~ by: Wa~e A. Peterson, Ci~ Engin~r S~T: ~?~c.~. ? Prev~l~g Wage ~w "':"::g ?;. By motion, p~s m p~t ord~ esmblis~ng when pmv~g wag~ should ~ ~d on pubic DISCUSSION: '~-..-~,.~ ."~ As-~i'part of the CAO's eight point budget plan, staff investigated various ways to lower the cost of 'c6nstructing capital projects. One of these ways, elimination of the "prevailing wage rate requirement", was presented at the special Council meeting on March 13, 1993. Following the favorable reception by the Council, staff is now proposing to implement this cost saving measure. Current Situation "All'public works construction contracts are governed by Municipal Code, Section 3.36.010, as follows: · "in every contract· for the performance of labor on public works, eight hours shall constitute a day's work, and the contractor and all subcontractors under him shall pay their employees on the work a salary or wage at least equal to the prevailing salary or wage for the same quality of'service rendered to private persons, under similar, employment in the :--,'," city". Staff's application of this regulation has been to require each contractor to comply with the State Labor Law and to pay each employee in accordance with wage rates established by the State Department of Industrial Relations and to comply with related reporting requirements. These wage rates are probably higher than the rates required in the Municipal Code. State 'prevailing wage rates' are used because it is difficult for a small agency to establish what is the local wage paid for each and every type of trade that might be used on each job. The 'prevailing wage' is typically the same as the 'union wage'. For - n0munion contractors, .this may mean paying employees at a higher rate during the time they work on 'our projects, as compared to thc Wage they earn when they work for others in the community. · -...,; ?-.. Prevailing wage payment is currently required on all City projects funded by Federal, State, or local funds. By Federal and State law, the prevailing wage must be paid whenever either 6f ihose sources fund a particular project. However, most of the City's building, water, and sewer projects are paid for with local money, and fall under the jurisdiction of our local code and thus do not need the prevailing wage requirement. - .............. Cl 'y OJ: san OelSpo : COUNCIL AGENDA REPORT Prevailing Wage Page Two Proposal ~ Staff proposes to modify the MuniciPal Code torequire prevailing wage payment only on those projects required to do so (Federal and State) and eliminate the requirement from locally funded projects. The City of San Luis Obispo is a Charter City and, as such, it has the authority to establish .whether or not the "Prevailing Wage' is a requirement of public works Projects which are clearly within the realm of .,municipal ~ah's'. By eliminating the need for local wage verification, staff will spend less time reviewing, and the contractor less time preparing paperwork, in addition to the overall cost of theproject being lower. Has this been done before? Yes, in 1980 the City of San Diego, also a Charter City, adopted a resolution which rescinded its Previous prevailing wage resolutiOn and declared that prevailing wages Would be required tO be paid only when required by Federal and State grants and on other projects considered to be of State ~.Oncem. The resolution was challenged and upheld by the courts. The effect of San Diego's resolution was that contractors bidding projects which did not require the payment of prevailing wages could bid the projects,knowing they did not have to pay their employees any more on the public project than they did on private ones. It also relieved them of reporting wage costs to the City. (San Diego has no requirement to' report wages paid). In the eight years following the change, San Diego staff reports that there have been few problems: Of significance the quality of the work has not decreased, and San Diego's staff feel the overall cost of the projects has decreased. PROBLEMS: A change to the requirement to pay prevailing wages Would make it more difficult for union contractors to compete. A review of the list of bidders of recent City projects reveals that 12 of 47 contractors are union contractors. The experience in San Diego. was that the number of union contractors decreased. FISCAL IMPACT: Staff has discussed the issue with local contractors. From the feedback received, staff feels the City could potentially .save 20-215 percent of the cost Of the related projects. Recent discussion with the directors of public works of other charter cities that have dropped the requirement to pay prevailing wage, indicates the savings may be less, more in the range of 10-115%. All savings realized accrue to the funds of the City, i.e. general, water, and sewer funds, which beCOme available for additional projects _ or priorities as acted upon by the Council. ... . .~. .. 28 April 1993 San Luis Obispo City Council PO Box 8100 San Luis obispo, CA 93403 RE: 5-18-93 Agenda/Prevailing Wage Please vote to eliminate the prevailing wage rate requirement on City-funded construction projects. The labor unions are vitally concerned with maintaining the prevailing wage requirement because it is another step toward eliminating California's'Right-to-Work status. _ I have enclosed some highlighted excerpts to help you define the links between prevailing wage = union dominance = ..... skyroCketing costs to taxpayers. Thank you for your most serious consideration. President CLS/ke RECPfIVE:_.) cc: Mayor Peg Pinard _~-~ -~ '' c~ couuc~ ---~ V. Mayor Bill Roalma~/// ~ ...... · ' Dave ROmero t /~~-~~ ~~ ' ' THE WA~- STREET JOU1R.NAL FRIDAY, MAY 22, 1(- - EVIEW & OUTLOO]I( Davis-Bacon Meets Jim Crow .. The people of south-central Los An- geles' will have to overcome a lot of obstacles to rebuild their neighbor- hoods. One of them is the:Davis-Bacon 'k"~'.:Ii's a'1931 law that drkmatically House debate on Davis-Bacon ~,i/~.~dP th'e cOSi 6f~inY federally'sub- lasted only 40 minu~tes. The racial mo- '~idii~d COnstrUctioi~ or rehabilitation tivation behind it was evident. Rep. l~r'oj~ct. By requiring L.A. contractors Miles Allgood of Alabama expressed Mark Simmons, a builder in Troy, to'pa)' what are, in effect, local union- his regret at the "bootleg labor" from N.Y., won a HUD waiver in 1985 when scale wages, DaviS-B~eoti" Will fi-[,i~'Z~': his state that had been given work in he renovated 82 buildingS With federal 9u.t:i .many lower-skilled workers, pti- Bacon's district: "That contractor has . money. Halfway through the project. 'm~itil~,black Or HisPanic, from jobs on cheap colored labor.., and it is labor the Labor Department ruled that those projects. If President Bush sus- of that sort that is in competition with Davis-Bacon applied after all. "We pen. fled Davis-Bacon for just one year, white, labor .... This bill has merit had to fire over 100 laborers, nearly he'd" create more than 31,000 badly ... it is very impo'rtant we enact this half of them minority," Mr.. Simmons ne~/i:l.~/d construction jobs. measure." told us, To finish the project, he had to Davis-Bacon is a relic of the infa- Davis-Bacon worked as intended, hire local union help that cost a third m6U~ Jim Crow era. Few recall that' The next year, only 30 of 4,100 workers more and was 95% white. Con~ress wrote the law to prevent employed on the Bbulder Dam project President Bush has the authority to black workers, mostly from'the South, were black: M0re'ithan 30 states, in- suspend Davis-Bacon, as President fr0iii competing with Northern con- cluding California, followed the fed- Nixon did temporarily in early 1971. str. fic. tion unions. Conceived in dis- e~'~l:' example and passed their own But so far it looks as if the White House crimination, it is still having much the ~r~iling-wage laws.. sar0/~.effect today. '~-In- 6ur time, the costs of Davis-Ba- is taking a pass on the issue. A March 13 policy memo sen.t to Clayton Yeut- i' In the 1920s, blacks made up the con hurt inner-cities the most because ter, the president's domestic adviser, maiority o! unskilled construction that's where federal housing dollars says the disadvantages of suspending workers in the South. Construction un- are concentrated. The law prohibits Davis-Bacon "outweigh its potential ions largely excluded blacks from 'c6ntrhi/t0rs from employing local benefits." '~[5~k~e-rs who still ineed to learn job Topping the list of disadvantages membership, and as more and more blacks moved North, the status-quo Ls..k~lls.. In Chi~ag0, 'th~ Washington was that it would expose President unions were anxious to bar them from Monthly found, this meant that low- Bush "to criticism that he is anti-un- wgrking on lucrative projects, income housing had to be built with $23 ion and does not care about the con- - Cpngressman Robert Bacon of New an hour carpenters and $18.82 an hour cerns of working-class Americans." York. became angry when an Alabama day laborers. The memo noted that it might be bet- con.tractor won the right to build a fed- "You want to know how to solve -,ter-t6' seek Congressional repeal of eral .hospital in Bacon's Long Island the Iow-income housing crisis? Get rid Davis-Bacon, but that such "legisla- district. He complained in a Labor of DaMs-Bacon," says Elzie lliggin- .'tibn stands little chance of passage be- Committee hearing that the largely bottom, a Iow-income housing builder _~e of strong opposition by organ- minority work force brought in by the from Chicago's South Side ghetto. It{r-'cd'labor.,, contractor had "entirely upset" local Bethel NewLife'InC., a Chicago church ~'~-There is no excuse for allowing labor conditions and "that the neigh- group that renovates; low-income houS- . ~..D,.av',s-Bacon'~': to remain' ' ~n" effect. Sus- boring community was very much up- lng, has found that the act adds as ~_/~ng it would open up employment' set." ' muchas 25% to its costs. Until a fed- ~'~'~rttmities for unskilled inner-city In 1931, Bacon's proposal to reqkire', e~'hl~6u.;t ruling last month, Davis-Ba- ff~Sidb.'nts, reduce the cOst of renovat- ~ff-/J'i-ivate ' contract6rs bh .federally? con even barred unemployed public' ing public housing and keep more fed- ffi/td~d 'projects to pay "Prevailing. housing tenants from being hired to ' ~../'._'_a[/noney in the co'mmtmitie~ where ~a~i~,.'_' that is, the union sCale;'Was)_ rehabilitate their own decaying build-. I['~ ~.~:tually spent. L.A. needs'lo re- .appro_yed by Congress. Orgamzed Ia:':': ings. : b"'tiild;"and'Davis-Bacon has a tainted ~r'endorsed the bill. Williim Green, Davis-Bacon contractors must also' pedigree. president of the American Federation fill out up to eight forms before they ~ Footnote: Yesterday afternoon, of Labor, noted that "colored labor is can even begin a project. The con- ' Oklahoma Senator Don Nickles moved being brough.t in to demoralize wage struction industry spends $190 million' ; to suspend Davis-Bacon in Los Ange- 'ares." a year to comply with such Byzantine les 'County for just the 'neXt four ~: rules. In theory, waivers from Davis- ~' months. He lost 63 to 36. All but eight Bacon are sometimes available, but Republican Senators supported the few builders pursue them. Nickles amendment. ~ery Democrat, : With the exception of David Boren of -- ~ Oklahoma, oppOsed it Prevailing Wage Citing organized labor s use of Environmental permit pressure. [~ Contractors, Inc. pressure tactics to regain its construe- Attempts to delay projects and increase ,ion market share,--the Business costs so owners will'·accept non-com- Board of Directors Roundtable recently c"~'~d~-o'~n-~is'~ petitivc union rates just to get work un- 'i~'~'~'~'i~-su~eff~.~:'~/-'' --' derway. -...,~,~.~...,~.-_-~.-==~..:--~ ..... ,.-.-_~,..=:,..... Chairman of the Board to .~,.serve,lree market corn-,~. Union-only project agree- Fred Baragona ~'~'~:.'? ....... ~, .... ments. Requirements that all T.L. James & Company. Inc. The Roundtable,"~n as. so- contractors re.~ognize the con- Ruston, Louisiana ci~o~ Fortune ~00 b~si:- struction tradelunions as the sole ne'~xecutives who examine representative of all employees Senior Vice President · Public issues that affect the on the job. Tom Redmon e!.o~n.~my and develop Union mass picketing Boonviile, Indiana p6sitions that seek to' and violence. : . 'TeH~'~C~6b'nd "Salting." Place- First Vice President _~.;mig,and men, of union members ..~_,:,., ~ Bill Hlnton prg~ncsp!¢s, has i'e- 'on open shop Centricqones ComPany leased a report, projects to dis- Denver, Colorado "The Growing or to orga-. Threat to Com- nize workers. Secretary.Treasurer p e t i t i v e n e s s: J o b t a r ge t- Ex-o fficio Member Union Pressure lng. Subsidies paid Greg Marquis Tactics Target U.S.. to union contractors from a ShawamMarquis Agency Construction Owners." pooled fund collected as a Dublin, Ohio In it, ,they outline the special ;.assessment on latest union tactics and union members to under bid Assistant Secretory advise owners on what steps to u~¢. open s~.R contractors. The rep%'p'Urt~-Oggests-that-owners "~"Local preVaillng wage ordi~ Mavis Carden. · ---,~-~----- Sleuen Construction Company m~'rii ol-6~hi~'-r~<~'d[i6n'~and--bpp_ose all:-nances. Enactment of union cohtrac[~ Great Falls, Montan~" '~nt~-£q.mpetitive. tactics; actively, sup-'and job rules .as ~e prevailing-stan. ~..r.~ e~ff.0rts to pr. eserve competition; dis- dards for privately funded projects. Board Member scm;hate union infi-m~d~ii0h' information OSHA or local safety law inspec- Kathleen Callaway wi.u~_~n_~thelc0m'panyL.an~.~.ns~.r.e_manag-,ion harassment. Frequent inspections S. Rock/Esmbrook Corporation e,.~._r~ arC prepared, to deal with these 'ac- called for by the unions for apparent tic~.~'~ ...... safety violations to slow a project. Sterling, Virginia U~n..ipp_. taC)!c.s, highlighted in the re-State licensing and inspection. Board Member. port'!hclude: Functions often controlled by the David Harem C0ordinated' "corporate cam- unions used to limit;the availability of Irby Company patens." Legal harassment and legisla- licesed open shop craftsmen. ~ackson, Mississippi rive initiatives. ~:.'.'-"';_:': i--~'- ':. -. ......... Board Member. -- ' William Young · Technical Support Services, Inc. We've got the best plan for you! It"~R'll .l'Oll II('~'tl Ille ri. ql, t n,liremenl benefit l~ltlll fi)r.lsoltr eml)l,j'ec&-cttll Film Data qu:flilk.d r~-tirt-mt'nl ami t-mph Lv~-t' iht.t-hi irc tk'lR't', d' ht,)tltt'd~, d husint'N~t'~- latgt' anti Nil'alii. I't'n.i,.~ I,I;~,r% ~ml ,,,,,rt'. · . In addition to jllfos"~Jflg you of industry .- %Vt"rc Nx't'ialiNtx wt'll.vt-r',t'tl i~l lilt- mO¥¢lT~lll3 and chaag.~, one Of the m~Jo · ' ' ' :¥- ' So_if thtr~ art particular issues, problems . I~e~ds thai ),oti Would iJl~ lo ~ addressed in PLAN DA' · CS t 2) 345-5833 P.O. Box 1099S-631, Aust~,n, Texu 78766. Assod~ted Labor. UW6ns Helping Small Contractors co~a~f~o~ ~ w=n st~; jo~.~ Board of Directors H~d-pressed labor unions ~e giving growing numbers of sm~l conffac- ~ of ~¢ Bo~d to~ a juicy bre~: ~ey ~ subsidizing many con~ctors who hira union 'F~ Baragona labor. T.L. l~ea & Comply, Inc. M~y conffactors ~e delighted; ~ ~gement enables ~em to grab Ruston, Louisi~a m~ket shoe by underbidding ~eir nonunion rivals on cons~Cfion projects. But nonunion con.actors ~e ou~aged. ~ey aim lo stop ~e p~actice, known Senior Vice ~esident as job ~geting, in court.. ~_~ - ....... ~ ............................................ ~. Tom Redmon ~bor ex.ns say job ~rgeting~'g~ng rapidly ~ union mem~rs' com;~ B~nville, Indi~a -. - ~ . ...... .... : ..<.~~.~.~ ...... -. . -. . . · Nonunion 5~n~ctors say ~ pEogr~s,, in effect, involv~ a.'~ckback" to~' Bill Hlnton union 'con,actor. Union representatives ~d lawyers insist ~at job-~gefing CenMc-Iones Comp=y paymen~ ~¢ legal. Me.while, job t~gefing is still gain- ~nver, Colorado ~ ~ ina ground. Job t~geting s~ed quickly in ~e 1980~ ~ a S~-Treasurer grassroo~ effoN by l~ unions to stem ~e loss ~-Officio Mem~r of cons~ction jobs to nonunion workers, A Or~MarquN :typ~ca! proart, cals fo~ a l~a union to... Shaw~-M~quis Agency ' ~.a.~i;~ ~ con;~cfi0n'Project cOming ~p'~ Dublin, Ohio ' :. for b~d. ~e umon ~en offers to m~e a.. "~'Tpayment ~at enables a union con~c- Assis~t secre~ '~' tot to compete ag~nst low-wage con- Mavis Carden {'. ~acto~ for ~e. job~ Wi~ some plans; Sietten Cons~uction Comply · e con.actOr' ge~ ~e money to m~e Gr~t F~Is, Monmg'" up.~e difference between Union-sc~e wages it pays workers ~d ~e su~ Bo~d Mem~r 'scale wages in i~ bid. Wi~ o~crs, Kathleen Callaway workers p~ket thc funds' to augment S. R~smbr~k Co~mfi0n sub-scale wages' pMd by ~e employer. Sterling, Virginia In eider case, ~e union local raises ~e money ~rough membership dues, collected from B~d Mem~r ~1 members expressly for job ~geting. David Harem :";o~;?~ed on page 4 ~ ~y Comply Jac~on, Mississippi B~d Mem~r WilBam Young Te~ni~ Supra Se~ice~ Inc. We've got for you! W l}etl .l't~tt tteec], the right retirement benefit plan fi~ryottr empho,ees-cail Plan Dat~ Iqan I)ala in an intk~'ndrnl, ft'c.~, third party mn'icc p[~n'iOcr lo or~miz~lions thai ~r I~- qlialilk'd rt'lircnltnll anti t-mph)ycc incentive plan~ ~i~lt't' lg~l. JUan Data has t-arncd thc tlt'llt'C ~ ~1' hundrt'd~ of hllsJnt~m--larK~' and smalL ~ c can help dt~ign, implcmcnl and adminislcr a TO OUR Pr* ,lit Sba rin~ 'd I I ( k t I k'lincd Bcnclil I'~km plan~, a~ more. la ad.lion lo inf~in$ you of ind~lry ~tll Itl ATnd trot u~at uT can do fitr ~ qu~fions. To a~m yo~ ~obl~. ~ ~,~ ~ ~...~.~... .' ~7. ' Send y~r ~qu~ m: P.O. ~x 1~9~-631, A~n~ Tex~ 7~766. LABOR UNIONS from page 3 Many union members favor turning to the plan. In Portland, MA~ Ore., the concept is gaining force as carpenters, sheetmetal work- ers, plumbers, pipefitters, and glaziers implement programs. An Ohio State University survey of three Electrical Workers'-locals found..~at 70% of 1,100 members said~.eti~g re~:0vered jobs that union members othe'r~iiie'would hh(,~ 10St. The tliic~ i~alS' ;~ttributed increases in thc union share of local c. 'ruction work to targeting. .............................. . on your next. bid. $o~e_u..niqns apparently also. use targetifig to persuade non- ~ union contractors tO go'union: Targeting programs can pose Get th e such a do~petitivc threat that nonunion contractors arc trying to stop them in court, r EDGE Four years ago, Associated Builders and Contractors com- plained to the Labor Department about effects of job targeting c)n V0 on nonunion contractors. An agency administrator ruled thatthe., ur comre_._on. programs violate a federal law requiring prevailing wage rates for targeting amounts to a prohibited return of wages to the employe_r. Union ap- We don't know where thi~ cartoon pealed and both sides Now...you can have the competitive edge on ctvne from....but if we-di~ we would give have asked for sum- E)a~4s-~con ~ and Service Contraff Act projects. :hon crediL We thank AGC ACTION NEWS mary judgemenL for$haring it with u~. Separately, ABC Here...is a program that can be designed to fit and several contractors your specific business needs. A program with over . filed an antitrust suit , 1,800 contractors participating nationwide. A - Ore., Electrical Work- satisfaction. FRINGE tional Electrical Con- Enjoy lower bids, reduced costs and tractors Association in . .. , · , 1991 charging' that thc ........... . ...... INSURANCE umon '"-~-""i. :' (BENEFITS, · '_' *.Z~_~, .:_=.,~..~ _;.. _ .~ . . :=:'~._~¥.¥_' '. : ' .. bad new~. Rmt,, ~h~ b~l nc.~; ;v; are , - ~,,,~ m,,,~,a,,~.,~,,~-,,. ~ case is p. ;0' Box 10998 #584 Austin, TX 78766 cx,~Ftu,,,c.e ,,~'.,n eo,,e.m,~e-s:,'eeu~aee*, now in discovery, i Minnesota StritT Statute Sends. WL?ning to Nati'on ManufactUring Jobs Flee State as Big Labor Law Takes Root MINNEAPOLIS ~ While Minnesota become an example of Ted Kennedy's union bosses bask in the coercive power vision of America -- union-boss control granted to them when ~he s~ate Legisla- forcing industry and growth to go else- ture passed a "clone" of Sen. Ted where, while Big Labor prospers and the Kennedy's Pushbutton Strike bill last rank-and-file suffer," said.Reed Larson, year, jobs and growth are fleeing the president of the National Right to Work State.. Comminee. The Minnesota Strike bill, a mirror ~"'T~0'~-th'~-m~s'i-~7'o'~cTU¥cities in image of the economy-wrecking legisla- the U..S_],:.SiOUx Falls, S~uth DakOta, and tion Kennedy (D-Mass.), is pushing in F~th"Dakota ar~ both in _Right to the U.S. Senate (H.R. 5/S. 55), was Work. S-taiii':,'krid jfis(0ve~ the border adopted, last year by the Minnesota state from Mifih~'0ta ~ th?i0nly state with its Legislature. owri Ptishb'riton Strike law," continued The bill became law when Gov, Ame Larson; ~ Carlson "forgot" to veto it until a day~too Minnesota's industries are also mow late. 'ing to neighboring I~wa, another Right to The Strike legislation, now law, man- Work state, and Wisconsin. Wisoonsin .dates dismissal or other penalties for Gov. Tommy Thompson heeded worker )Wrrkers who defy union-boss'strike freedom advocates by issuing a timely :' ~r'dei~. veto of a Wisconsin Strike bill "clone" ..... A year later.~ Right to Work advocates' Carlson let vetoing Minnesota's Pushbut- last year. warnings have been confirmed that the ton Strike bill slip his mind, costing Min- Minnesota Strike bill would cause violent ,esotans thousands of jobs. Big Labor Pushes strikes, bankruptcies and jobs to move to guson points out in an August "Business State Strike Bills other states. World" column. ~hree of Minnesota's Within two weeks after Minnesota's most profitable and highest-paying com- In addition to seeking more money Strike bill became law, a Teams(ers panies ~ Honeywell, Unisys, and Con- and power, Big Labor chieftains are lawyer told Ramsey County District trol Data ~ have cut their in-s~ate pay- backing state-level "clones" of the Judge Salvador Rusas that the new law rolls in half. Kennedy Strike bill as propaganda to put means union thugs cannot be enjoined And Minnesota's largest employer, more pressure on Congr~-~s to enact the from threatening or damaging the proper- 3M, has advised Minnesota not to expect Pushbutton Strike bill. ty of so-called "replacement'' workers, any more plants to be built in the state. The federal Strike bill has already 'Rather than face losses and bankrupt- Ferguson concludes that manufacmr- passed the U.S. House of Representa- c~-fr-0m exorbitant union-boss demands, lng as a whole, which until recently rives. However, Right to Work members :."employers are moving Where the union enjoyed healthy growth in Minnesota. is across the nation have stalled union Iob- l:kJsses don't rule. now "drying up in the land o' lakes.'" byists, only three votes short of their As the Wall Street dournal's Tim Fer- , "On a state scale, Minnesota has goal, from ramming the Strike bill · through the Senate. ' ~,- , , , Minnesota is the only state, so far~ to 1 ~ - comply with Big Labor demands. But .i. Big Labgr. i.~ pu~sbi_ng $_trike_bill :'clones" in Delaware, New Jersey, Montana, Wis- :- a consin,' Illinois and Pennsylvania. Minnesotans Fight To Get Jobs Back ' With the assistance of thc National- Right to Work Comminee, Minnesota cit- izens are rushing to stop the hemorrhage of jobs from their state. Minnesota.ns for Freedom to' Work ~ ~ a new grassroots, state-level organization ~ '~ has begun battling to lift the pall of icompulsory unionism that hangs over Minnesota. -. . - =z . __ Minnesotans concerned about the ~ . State's economic 'future should contact g Kirk Shelly, iffcare of Minnesotans for ... The Strike bill "clone" gives, union thugs a free pass to assault employees who work inFreedom to Work, 1043 Grand Ave.,_' ~' defiafice 'of the union hierarchy's strike orders. - . #350, St. Paul, Minn. 55105. ~ Volume 4, Number 9 · October 1992 IRS Approves CER Plan Documents By Mike Powers, Plan Dala, Inc. ~ The national offi~¢ of the Internal In the near future Plan Data, the plan - Three new methods of allocating plan Revenue Service has approved the form of administrator, will furnish each plan sport- the Contractors and Employees Retirement sot with a copy of the restated plan docu- administration expenses in the Contractors Plan and Trust documents. The IRS issued mont, a new adoption agreement to formal- and Employees Retirement Plan and Trust their favorable opinion letter on September ize their plan's compliance with these (called Options IV.a., b. and c.) were made 30. laws, and a discussion of the changes, available to Plan sponsors in August. Since The Tax Reform Act of 1986, the Om- In addition, each plan sponsor will be then hundreds of members have elected to nibus Budget Reconciliation Act of 1987, given the opportunity :to seek a determina- use the new methods. Plans that didn't elect and subsequent federal legislation necessi- rion letter from the IRS. A determination to switch'will have ail contributions tared 'the amendment of the plan docu- letter gives the servic¢'s opinion that, Ce!veal by the Trustee after October 1, 1992 merits. The required changes were prima-, based on the' provisions selected in the treated under the Option IV.b. expense allo- rily technical but many of the administra- adoption agreemerh, the individual cation method. rive procedures that have been in place for sponsor's plan is "tax-qualified," meaning One of the most attractive features of 'cas on which the original plan documeat~fl~at the sponsor can deduct contributions ~he new methods is the.lower administra- · ,,as silent were also incorporated, and to the plan as a. pension expense on the tion fees that most Plan participants will be some existing provisions were amended, company's tax return.' paying. · COntributions made under each Perhaps the most significant change is We recommend that each plan sponsor Option IV method are assessed expenses at that, although the Plan is still designed pti- take advantage of this' service. There is not~e rate of $4.50 per participant per month marily for use with prevailing wage administrative charge for the preparation during the t-u'st year of participation, $3.50 projects, the Plan's eligibility provisions of the filing, but each plan sponsor would per participant per month during the second have been expanded to allow plan sponsors need to pay thcS125 filing fee charged by year of participation and $3.00 per p~'tici- to cover all of their employees. While the IRS. pant per month after the second year. At the flexibility has always been a hallmark of If you have any questions about this time of distribution there ~s a $50 distribu- the Plan, this added versatility makes the process, please contact the Association, tion charge. Option IV does has no "front Plan even more valuable to our members, your administrative field representative, orload" or ,back load" percentage charges as ' Plan Datn, Inc. was the case with all prior options. The difference between fl~¢ three Op- . Powerful GrassroOts Letter Pulis No' Punches ~on iv methods is in bow-the monthly ad- miniswfifion expenses are charged. Option APWC President Cecil Rusk recently received a copy of~.a..:l~ene;.v~ritten by C. Leslie IV.m Charges them against the earnings of Sanson¢, president of Sansone Company, Inc.-Contracwrs in' Sah LUff Obispo; to Gover. the Trust before earnings are allocated to nor Pete Wilson of California. The letter is an excellent example lb/what a grassroots participant accounts. Option IV~b. allocates letter to eleCted'officials should be. We are pleased to reprint Mr. Sanson¢'s'letter herethe expenses directly to the participants' as an inspiration to us all counts, and Option IV.c. ~arges part to " Dear Governor W~son: :. earnings and part to the account Hero are some facts.. I want you to be aware of. If these facts are unrelated, th~n APWC views this change very posi- Willie. Br°wn is voting for George Bush.. fively. It reflects savings in the.administra- ~ E'~ Union organizations are desperately trying to salvag~ their stranglehold on Call- tion of your retirement program and will foraia businesses; ' - '- : - - strengthen the Association by making our ~rrl~e State.hr California is in dire 'financial straits and has g~ntly paid many of -' programs' atuactive to mOre and larger pre- - ,ts eanployees wi~h l.O.U.'s (i.e., it needs a cash infusion); ~_. ~.~':~ 3...,ym.'.ling wage contractoi's. ' ..... ' GRASSROOTS LETTER continued from page 1 · ~:',_=-3'i: CAL-~)SHA. a state agency which sports union labels on MA~ its official, publicly funded documents,'has begun levying horren- dous fines for minor infractionS of its convoluted Construction t~rou~h what appears ~o b~ selective cn£orcemenL been levied ~§~n$~ non-union conu~ctors. ' 'B'~een ~ fmud-ridde~ (slate controlled) ~ork~a~'s co.- (state controlled) CAL-OSHA debacle, does the State of Caldor- nia suspect for a minute that businesses are going to continue to ' function here? on your compet on; CAL-OSHA and union requirements are not new. Can any- one say ~ey've worked as intended? They hav~ led to $~nctioncd corruption on a level we would condemn 'if it were happening in Midcll¢ £urope. . Now...you can have the competitive edge on I, for One, hav~ had it. I clot my "rs" and cross my "CS." 1 Davis-Bacon Act and Service ConU'act Act projecm. " have a stable wofld'orc¢'whom ! respect and who know fl~al ! do my 1¢v¢1 best to provide a safe, fair workplace for ~he.m. I'm not H~re~..is a program that can be designed to fit perfect, but I. make a genuine good fal~ effort to follow ~ rules, your specific business needs. A program with over If ! am next on ~nyon¢'s hit list, ~1cl ! .f¢¢1 acutely t~rgeted, I.h¢ 1,800 contractors participating nationwide. fur will fly and you will h~r about iL ' program that makes it easy to increase employee All California employers are going to have to ]et go ~h¢ com- satJs~ctjOn. -. placency (which is ~¢ pa~ of l.eas. ~ resistance) to ~¢ outrageous Enjoy/ower bldz, reduced costs and consLraJnts we face. If every employer did no~ing but photocopy higher profltsl . LM$ letter, $i§n his ~wn name to it Gad' send copies to every officeholder whose a~s ~¢ cGn find, it would 1~ a { by ~a~sing ~¢ coverage' tt~e~bolcl from $2,000 {o $100,0(0) for [ ncWcofislruction and to$15,000 for repair and. altdatiOnWork.'-'.. E O. BoX . I 0998 //584 Austin, '1-X'78766 February 24, 1993' ~~ John Dunn, City Administrative officer FROM: Wayne A. Pete~son, city Engineer ~ Chair -Prevalling Wage Task--~~. SUBJECT: Prevailing Wage Law Task Force Report This task force, consisting of John Moss, Jeff Jorgensen, 'Ann Slate, John Hawley and myself, was assigned the responsibility to look into whether the city could remove~the requirement'in city contracts that makes a contractor pay "Prevailing Wages" to their~employees. State law'requires state agencies and subdivisions of the state to require contractors working on "Public Works" projects to pay their employees a "Prevailing Wage." Thelamount of the "Prevailing Wage" is established by the Director of the Department of Industrial Relations. In general the rate established is the same as that established by collective bargaining units within the region of the work. The City of San Luis Obispo is a Charter City. As such it has the authority to establish whether or not "Prevailing Wage" is a requirement of public works projects which are clearly within the realm of "municipal affairs." This right, was'tested in 1981 when San Diego, also a Charter City, adopted a resolution which rescinded its previous prevailing wage resolution and declared that prevailing wage wouldonly be paid when required by federal or state grants and on other projects considered to be of state concern. ~The state department of Industrial Relations challenged the~city in court and the court found in favor of the City. San Luis Obispo's MuniCipal Code, seCtion 3.36.010 states that "in every contract for the performance of labor on public works, eight hours shall constitute a day's work, and the .contractor and all subcontractors under him shall pay'their ~ emplOyees~on the work a salary or wage at least equal to the prevailing salary or wage for the same quality of service rendered to private persons, uhder similar employment in the city." ~ Staff'~ application of this regulation has been to require each' contractor to comply with the state!labor law.and to pay each employee in accordance with wage rates established by the State Department of Industrial Relations and to comply with related reporting requirements. These wage-rates are probably higher than the rates required-in the municipal code. The reason staff has done this' is that there is no way for a small agency to establish what is the local wage (as required in our ordinance)~ for.each and every type of trade that might be used on each job. San Diego had the very same. problem which is why they adopted itheir resolution in 1980. The state labor law. does apply to every · project which uses Federal or State grants and for projects which are. ~ "of State concern." 'Contractors who build our projects must pay all employees at a higher rate during the time they work on our'projects as compared to the wage they earn when they work for others in the community. Most'of our city building, water and sewer projects, that are paid for with local money, fall under the jurisdiction of our local code. If the City were to follow San Diego's lead and modify its municipal code, contractors bidding projects which did not require the payment of prevailing wages could bid projects knowing they did not have to pay their employees any more on. the public project than they did On private ones. It would also relieve the contractors of the task of reporting wages to the city. (San Diego has no requirement to report wages paid.) In the eight years following the change .San Diego staff reports.that there have been very.few problems. Of significance, 'the quality of the work has not decreased and San DiegO's staff feel the overall cost of the projects has decreased.. PROBLEMS~ A change of the requirement to pay prevailing wages may make it more difficult for union contractors to compete for city projects. A review of the list of bidders of recent city projects reveals that only 12 of 47 contractors 'submitting bids are union contractors. The experience in San Diego was that the number of union contractors decreased. FISCAL IMPACT: Engineering staff has discussed with several local contractors the possible savings a change such as we are considering might cause. Staff believes that the city could potentially save 20,25 percent of the cost of applicable projects, although the savings will be not be known until we have some experience with the new.process.. RECOM}{ENDATION = Based upon the information reviewed and provided t° the task force, the task force recommends the adoption of ordinances necessary to modify the Municipal Code to .remove the requirement for contractors to pay "Prevailing Wage" on local projects. We believe this will save the City money and will produce project costs more similar to those obtained by. the private sector. John Moss Ann Slate' John Hawley ORDINANCE NO. (1993 SERIES) AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING SECTIONi3.36.010 OF THE MUNICIPAL CODE AND ESTABLISHING A NEW NEW SECTION 3.36.010 AND SUPERSEDING RESOLUTION NO. 3098 (1976 SERIES) AND ALL SUBSEQUENT RESOLUTIONS HAVING TO DO wITH ESTABLISHING PREVAILING WAGES. WHEREAS, the City Council has adopted Ordinance No. 899 (1981 Series) establishing~ Section 3.36!.010 of the MuniciPal COde whiCh requires contractors performing Public Works Contracts to pay. a certain wage to employees; and WHEREAs, the City of San Luis Obispo is a Charter. City; and WHEREAS, a chartered city's ~ordinances which deal with purely municipal affairs are valid, even if they conflict with general laws; and WHEREAS, the city finds that it is in its best interest to rescind its former ordinance due to the vic~issitudes of the labor market; NOW THEREFORE BE IT ORDAINED by the Council of the City of San Luis Obispo as follows; ~ECTION 1. Section 3.36.010 of ~the Municipal code entitled "Labor- ~ Prevailing.Wage" is 'hereby rescinded. SECTION 2 Resolution No. 3098~ (1976 Series) A resolution of the Council of the City, of San Luis Obispo Determining the ~. Prevailing Rate of Wages fo City Public Works Projects and all subsequant resolutions establishing prevailSng wages -- is hereby rescinded. SECTION 3. A new section 3.36.010 of the'MUnicipal code is hereby adopted. .. Labor Wages to be paid All contracts for pUblic .works that are either of State , concern,.or due to funding sourse'requirements fall under the control of the Davis-BacOn Act or under the control of the State Department of Industrial Relations must require that wages for the dontraotor employees shall be paid as published in the National Register or by the State Department of Industrial Relations as is appropriate. ..... Publlc Works-projects ~whlch fall within the s~here of "municipal affairs",shall have no such reqUirement. Ordinanc~ No. (1993 Series) Page 2 On motion of , seconded by' , and on the following roll call vote: AYES: ~ NOES: .... ABSENT: ~ . .... the foreg6ing ordinance was introduced to print this dayof , 1993. -' Mayor Peg Pinard ATTEST: City Clerk Diane Gladwell APPROVED: MEMOP. ANDUM FROM THE OFFICE OF THE C1'TY ATTORNEY January 28, 1993 TO: Wayne Peterson, Chair Prevailing Wage Task Force FROM: Jeff Jorgensen SUBJECT: Prevailing Wage A question has arisen · whether the City is required to pay ~prevailing wage on all City contracts pursuant to Labor Code Section 1771, et seq.. and Municipal Code Section 3.36.010. ConclUsion: ' . As a chartered city, we are not required to ~pay prevailing wage On public works projects as long as the projects in question are clearly within the realm of "municipal affairs." Analysis: In 1980, 'the city of San Diego, a charter city, adopted Resolution No. 251555, which rescinded its previous prevailing wage resolution and declared that prevailing wages would be paid only when required by federal or state grants and on other projects considered to be of state concern. San Diego successfully defended a challenge by the California State Department of Industrial .Relations to that resolution in Vial v. City of San Dieqo, 122 Cal.App.3d 346, 348 (1981), hearing den., September :1981. (A Copy of the decision is attached for your information.) The Court said: "A chartered city's ordinances whiCh deal with purely mUnicipal affairs are valid,' even if they conflict with general laws. On the other hand, general laws on! subjects of.state-wide concern supersede, anyl conflicting enactments of chartered cities ~ .... (Citation omitted.) The prevailing wage law, a general law, does not apply to the public works projects of a charter city, as long as .the projects in question are· within the realm of 'municipal affairs.' The expenditure of a city's funds on such 'projects and the rates of pay of the ......... workers whom it hires to carry them out are '* .~. municipal affairs.. (Citation omitted.)', Wayne Peterson, chair· January· 28, 1993 Page~ Two "Here, the rescinding resolution specifically .excludes state and federally funded projects and those 'considered to be of state concern;' application of the resolution is limited· to projects within the ·sphere of "municipal affairs" the resolution is valid despite its conflicts with the general prevailing wage law." '. I have reviewed ali cases citing Vial. since 1981 and discussed this matter With the San Diego City Attorney's Office. It appears that Vial is still good law and that the City of San Diego has not experienced any unique difficulties. If the City desires to amend Municipal Code.Section 3.36.010 to eliminate the requirement for payment of prevailing wages on purely municipal projects, then the primary issue becomes one of'making sure that we pay prevailing wages, when required because of federal or state funding and when projects are considered to be of state concern. The. distinction is not as obvious as'it may appear on firs% view, and each prOject should be.carefully analyzed on a case by case basis to determine whether it is a purely municipal project or whether prevailing wages should be paid'. There are some· broad' guidelines which may. be helpful. Thus/ on the funding issue, a contract for a public works project must be funded with City o~ municipal funds to- avoid the application of the general law prevailing wage rates. Therefore, whenever state or federal grant funds are to be utilized on City projects, or whenever other state or federal funds·are to be utilized on a City project,' the general law prevailing wage rate schedules must be inserted in the contract. This concept applies to projects funded in whole or part by State Gas Tax Funds.· Southern California Roads v. McGuire, 2 Cal.2d 115, 118 (1934). In addition, if bond funds which are · regional' in nature are used, the prevailing wage must be Paid. With respect to the question of whether the project .is of "state concern," the following areas have been found to be matters of state-wide concern: primary and secondary state highway construction; regional public utility construction; pro.jects funded by regional bond issues; and projects which transcend the boundaries of one·or several jurisdictions·, Conversely, purely municipal water, sewer, and street construction have been found to be purely matters'of municipal concern. Reco~mmendati°n.: . It should be recognized that.this issue may'be COntroversial in nature, and that it is difficult to accurately estimate cost savings absent some actual experience. If, with this in mind, -.the Wayne Peter$on January 28, 1993 Page Three Council wishes to. proceed, I believe it would be a relatively simple matter to amend Municipal Code Section 3.36.010 to bring it in line with the San Diego resolution. I have requested a copy of that resolution and will provide:it to You when received. Finally, if the coUncil should delete the prevailing wage requirement for municipal projects, it would be my 'recommendation that you consider, as a separate administrative matter, adopting~a labor compliance program for contractors who bid on exempt _ projects. Attach~ed for your information is a copy of Section 1771.5 of the Labor Code which might serve as an appropriate model, (although it is not legally mandated). If~you have further questions or concerns, please feel free to contact me at your convenience. JGJ/s~ A:10.16 attach. cc: John Dunn Ann Slate Bill Statler John Moss Ken Hampian 3.28.010-3.36'.010 able for inspection by tile council and the city made and property for Which no owner ]las administrative officer. (Ord. 954 § 2(part), been found. (Prior code § 4280.2) 1983: prior code § 2953.5) 3.32.020 .Sale at auction-Notice required. Pursuant to Section 2080.4 of the California Chapter 3.28 Civil Code the police department is autho- ':-~" rized to sell at public auction to the highest GENERAL RESERVE ACCOUNT bidder all'unclaimed property which has been in the possession of the department for a po- sections: ... 3.28.010 Established-l~Iinimmn riod of more than four months upon notice of · required required balauce. .sucli sale, given by the chief of police at least five days before the time fixed therefor, by .. publication once in a newspaper of general 3.28.010 Established-3linimum circulation published in the city. (Ord.' 963 § required bala.uce. 1, 1983: prior code § 4280.1) Within the general fund there shall be es- tablished an-uhrestricted contingencies re, 3.32.030 Destruction. serve to be known as the General. Reserve 2M~y unclaimed property which is not so. Account. Each fiscal year there shall be main- sold, or which is in a dilapidated ,or deterio- tained in this account an amount equal to. rated condition, may be summarily destroyed three percent, of the aggregate amount of the by the department after the public auction approved budget. Each annual budget shall sale. (Prior code § 4280.3) contain a sufficient appropriation of funds which will be added to Carry over funds in the account to satisfy the three percent amount. Chapter 3.36 ' (Prior code § 2640)2 " ~ : PUBLIC ~voRI<s CONTRACTS ChaPter 3.32 Sections: 3.36.010 Labor'Prevailing wage. UNCLA~ED PROPERTY'. 3.36.010 Labor-prevailing wage. Sections: In every contra~t for the performance of 3.32.010 Defined. labor on public works, eight hours shall con- 3.32.020 Sale at auction-Notice stitute a day's wOr-~, and the contractor and required, all subcontractors under ]~im shall pay their ' -3.32.030 Destruction. employees on the work a salary or wage at least equal to the prevailing salary or wage 3.32.010 Defined. for the same quality of service rendered to .For the purfoose of this chapter, the term private persons, uhder similar eiuployment "unclaimed property" means, any and all prop. · in the city. (Prior code § 7600) erty ir/ the possession' of the police depart- ment for which no claim or demand has been %pp.3d 134 121 CalApp.3d 34a VD, L v. CITY OF SAN DIEGO 647 'only facts ' applicable section (Code of Civil Procedure 121 CaLApp.$d 346 ..-ne periods secti0ri 11'$7) required a lienor who was not mechanic's an original contractor to record his claim _L.Donald VIAL, Director ~f the Depart- "within thirty days after he h~s ce·zed to ment of Industrial Relations, et with the labor or has ceased to furnish materials, or Plaintiffs and Appellants, . furnished both; or at his option, within thirty days 1975. On after completion of the original contract, if · v. I !m of me- any, under which he was employed .... " CITY OF SAN DIEGO, et al, Defendants ever corn- This section therefore providod two times and Respondentz~ A' Second for the commencement of defined periods :-d on Feb- 'within which a claim could be filed--one Civ. 24030. action to "starting date" was the completion of work ny 8, 1979. by the sUbcontractor. (after which he could Fourth District, C<~urt of Appeal, r's version file the claim u~thin $0 days), and the Other · Divi~.ion 1. .' "starting date" was the completion of the " ~n, we as- to~al project (after which he again could July 16, 1981. :.~ry judg- file within 30 days). The currently applica- - kaz never. ~.. b!e authority,' Civil C~!e section I~116 ~ re;.. on contln- .:; tains az an initial date after which a claim The State' Depai;tment of Industrial can be filed the completion of work by the Relations, i~ director and the labor commis- :!zing the subcontractor, but does not utilize this date sioner appealed ·from order of the.Superior ?b, .mc v. as a "starting date" for the tolling ~f any Court, San Diego County, Louis M. Welsh. ' -5 P. 1015, statute of limitations within which addi- - ~-im of lien. iional claims must be filed. The "starting ,l., den)lng their Petition for writ of man- !uring the dates" for tolling· the Period of filing all date to compel city to comply with state ie filing% have to do with completion of the work of Prevailing wage !aw, The Court of Appeal, n to fore- improvement or cessation of work, and pro- Gerald Brown, P. ,1., helkl that municipal ~riod will -- vide for a 90-day Period if no notice of resolution rescinding prevailing wage .. f, provided - completion is recorded by the owner, or a schedule ahd declaring payment of prevail- '~' 'me during ~0-day period after such notice has been lng Wages to be appropriate only when re- " be record- recorded, quired by federal or state grants and on · [5] There is, therefore, no merit in aL>. other jobs considered to be of state concern 's that any PelIant-Owner's contention. Since the was valid despite its conflict with general !n a speci- claim of lien was filed during the period of prevailing wage law since it was limited to !,-.g point," ; work on the pi-oject as a whole, before any projects'within sphere of "municipal af- :gpo, ints" cessation of such work or notice of comple- fairs." .~ "starting tion was filed, the claim of lien was filed .-kffirmed. ~ntractor's '.~/- within the statutory period. The action to .. .. materials '. .:-'~ . foreclose the lien was brought within 90 .t starting . days of its date of recordation. Because of lack of evidence from Owner relative to the -- )f work on ~:': goods furnished or. the amount of the lien, 1. ~funlc~pal Corporations f notice of Since 90 _1!~~ .._. the e~dence produced by the Supplier is A' chartered city's 'ordinances Which · ,,~tarting .-- conclusive. .. deal with purely munlc, lpal affairs are valid point" had .J/? _l_~udgment affirmed, even if they conflict with general laws; "- ' however, generaljaws on subjects of state- claim was r this con; cOLOGNE, Acting Pi J., and WORK, J., wide concern supersede any conflicting en- A~h'i~'arz ~" i--/" I concur, actment of chartered cities, and deciding i P. 1015. · !. Cl~i! Code section 3116 provides: "Each expiration of (a) 90 days after completion of :ion is that claimant other than an ori$inal contractor, in the '~'ork of improvement fl' no notice' of coro- t different order to enforce a llen, must record his claim of, pletion or cessation has been recorded, or (b) lien ·her he has ceased furnishing'labor, se~'; 30 days after recordation of · notice of compie- ~ 1917~ the .;:~- ' ices, equipment, or materials, and before zhe tlon or notice of ~:essitit~n."' - '- ~':-.': ! . ~$ 115 C.LLIFOR,~L~. REPORT 121 CaLApp.3¢t 346 :... J21 ~.App. Sd whether a ~srt~cu]~r ordinance de~]s with the C~unc~] ~8~p~d · resolution re~c~ndi~ , :.. 121 C: mun~cipzt affai~ or a ~ubject of ~wide the prevailing, wage ~ch~ul~ and d~la~g : concern is a judicial not a ]e~!Iative, func- pa~ent of prevaiiing wages to M appro- :.5. ~:l ~n re RUBEN -- Under the tion. West's Ann.Con!~ A~ 11, f 5. Pga~ "only when required by Federal or 2.~. ~ 'sfUniclpal Co~oratlo~s ~0 S~ ~an~ ahd on other jobs considered ~ .- M of S~ c0rcern .... "~n~ndlng the ..{... The PEOPLE,.PI Prevailing wage law, a general law, re~lution im~rmlssibly conflic~ aqth the " d~s not apply to public works project of a char~red city ~ long ~ projec~ in qu~- s~'s prevailing w~ge law, the Depag- RUBEN A., De tion are within realm of "municipal al- ment ~ought a w~t of manda~ ~m~lling _ faire"; ex~nditure of city's funds on such the city :o rescind the re~]ution or amend projec~ and r~ of p~y of workem whom it to comply ~'kh ~te law. The ~u~or ~u~ of ~t hir~ to ~r~ them out ~re municipal court denied the [~tkion, snd the Depart- . affa~r~ West's Ann.~nsL Art ll, ~ 5; merit West's Ann. Lair ~e, ~ 1720 et seq. ~1-3] Under the California C~s~tu'tlo~, ~ . a ch~red city enjoys autonomy over i~ As Modh 3. 5funlcipal Co~oratlons. ~70, 79 "municipal affair" (Cai.~nsL A~ 1~, ~ 5). Municipal resolution rescinding grevailL ~n~uent]y, a chgrter~' city's ordinances ing w~ge ~chedule and decla~ng p~yment which desl with purely municipal ~ffai~ , The of prevailing wag~ ~ ~ appropHa~ only are valid even if they conflict wiuh general Frank F. F~el, when required b~. federal or s~te ~an~ laws. On the other hand, general la'wi on hated s~y of and on other jobs' cbnsidered ~ ~ of ~te sub~ec~ of s~wide concern su~e shy ~i~ance center ~nce~ w~ v~lid despi~ ~ conflict wkh conflicting enactmen~ of cM~red cities, appealed. The genera! prev~]i~ ?~ge ]~w since it was D~iding who:her a p~n~culgr, ordinance L ...... failure to espre~ limi~d to projec~wkhin sphere of "munic- de~]s with munikipa] a~f~i~ ora ~ubject of " vious proba6on ip~l affair." West's Ann.~nSL .~ ll, s~qde cohcern is a judicial, not a le~sla- ineff~tive ~ 5; West's Ann.Labor ~e, ~ 1720 et seq. tire, function (Bishop v. City of ~n Jose, 1 d~s~sitlonal or~ ': Cal.Jd 56, 61~2, $1 Cal. Rp~. 4~, 4~ P.~ Pa~c~a M. G~s, P~]o Alto, and Pet~ J. 137). The prevailing wage law, a general ~ve~ed. Weiner, San Francisco, for p]aintiifs and law, does not apply ~ the public works ap~tlan~, projec~ of a eha~red city, ~ long ~ ~he McCarthy, Johnson & Miller by ~phael proj~ in question are ~Stb]n the realm of 1. Infan~ "munidpal :affalm" '(Chy of P~dena v. ~enever Shannon, San Francisco, amicus curiae for Ckzrlerille, 2~5 C~]. 3~, 392, 10 P.M 745). brought plaintiffs and zp~ll~n~. The expenditure of a city's funds on such cushy for a John W. Wkq City Atty. of San Diego, projec~ and the ~s of pay of the workers . pr~s finding t' ~nald L Johnson, Deputy City Atty., for 'whom ~t h]res ~ ~ them out are munici- · ~n rehabili~ defend~n~ ~nd r~nden~ pal affai~ (City of P~adena v. C~arle~lle,. .~ do so wa~ ~upra, 215 ~al.'3~, 389, ]0 P.~ 7~). H~e Welf~e & Ins '~E~LD BROWN, Pr~idlng Justice. the rescinding r~olu6on s~cifi~lly ex- ~ Infan~ The'S~ Depg~ment of Indus~i~l ~!a- . dudes ~ ~nd federally fund~ project.' -. X~e ju' tJons, i~ Dir~tor, Dona]d Vial, and Labor and tho~ ~"considered ~ ~ of S~ ~nr_ ' ~mmiss~oner James L. Quillin, ~p~ai an ce~"; ~pp]~t~on of the reso~tlon is ]~m~t- !Y find that o~er den~ng their petition* for a writ of ed ~ proj&c~ ~thin :hq sphere of "munici- . fact ~en m~nda~ ~ com~] ~e City of San D~e~o to pa] affa~m?' Under CSarlev#]e,~ ~e r~o]u- '~'~ subsequent d~ ~mp]y ~th the s~ ~i]ing wage l~w tfon is vi!id d~p[~ i~ ~nflict with the ..:. juvenile ~ (L~b.~e, ~ 1~20 et ~eq.). general prevailing wage law., /' of 90 In June ~9~7, the C~ty ~onc~] of S~n ~e order ~s affirmed.' .'.. [ that ~mmit D~ego, ~ chef, red city, es~b]~shed · pre- ~ .West's Ann.' v=~}~ng wz~e schedule ~or the dty's pub}~c ~G~ =nd ST~lrORT~, 33.,.eon- ~. ~e petit~o: works ~on~ac~ Almost three yea~ I~r, cur. . tion ~v, ~o~ :an/~z/on of Public ~p~o.ree~ v, Cowry o~ ": ~: ~ · ney, neglect< ........... ~ .. . . ~:~: - ~ . .' .... -- .,, kt,. . ~ ;~. ..... . .. .. ...~ ~:.. '.'. LABOR CODE LABOR CODE § 1771.5 ~cce~sfu] bfd,fer '~'ho has bee~l con~-icted of a § 1771. Pa)~ment of general prevailing r~ite .-. ,- ~ wkh S~cd~.n 3200) of th~s code or of ~e :4 :Se ~4 ~eczu~e ~t successful ~dder was . . No,es of DecisiOns . :" ~olleles sad universities 16 covered under one of pubJished classifl~ons did not defeat Depe~ent's ~ght ~ have ~I co~ enforce ' : ' ' " previi]inf n~ in connec~n G~th ~lephon~ ~e~e,r, re~o~;:~g, al:eradon, conve~on, ' ~s~lli~on' con,S'it s~ univeni~ ~ · :L 0r reno~.,on o( a public build~ng br IL Classlflcatlonofemplo~ets · ~ld evilu~ Dep~ent% enfo~ement demand .... : ~ssue o~ f, ct e~{ed ~ ~ whe~r action, o( Die, ion light of con~ ~ of ~emJe~, epplg con~ ~w "':- ' · · ' - - of ~r S~n~ards Enforcemen~ De~ent of Indus- , p~ncJpJe~, ~r ~e, and un~er])~g ~licy, ~nd e~t-' ~u~,~.~d b~r ~ee~ed responsh;e'by the ~ Re]~tlons ~epa~eS~ ~ ch~s~n& one of cl~si~ in~' re~b6ons, ~o~t u~iz~ enforceable' ~. ' ~ons wi~in wage sch~ule on f~e ~ u~ve~i~'l Day, ion of ~r S~nd~rds Enforcement v. ~ b~der" ~e~. ~du~e a~ person, ~m, office merely en~o~ed a~eement of con~c~r and Jn~o~a~n S)'s~, Jn~ (App. 4 DisL~990) ~0 ~L ' unive~i~ for ~s~l!z~on of ~lephone sys~m, preclu& Rp~. TS, ~1 ~l. App.~d 114. lng summa~ judgment on ~e ~sue of whaler Depa~ ~ cou~ ~ev e'~'ar~ cos~ and reasonable ~ent ~d ~sed unan~c:~d la~r cos~ ~ viola60~. Polky' of Di~n of ~r S~nde~s En~oreemen~ of s~ or d~e pr~ess ~g~. Di~ion of ~r Depa~ent of lndus~l Relit{o~s in ch~s~ most ~u~'s ~?sc;e:fcn, to t~e P:e~'eil~ng pa~7.' S~nderds Enforcement v. E~sson Innovate Sys- closely ~I~ clessi~on for preva~ wa~e s~c:~on, em~oi~e s~tus s~]] be deter. ~e~, ln~ (Ap~ 4 D~L1990) ~0 ~I.R~. rS, ~1 ~ses when worke~ in ques~on ~e not ~rec~ely ~v- w~:h reS~t tO alleged Wo~a~ons of ~lApp. Sd IN. ered un,et ~ubl~he~ tl~s~tion ~ ~ o{ appli~oe which ~plemen~, in~te~, *nd mzke~ w~:~ respect to e]:e~ed r~o~a~ons o~ ~H~ds~ght ~e~ina~on afar compl~on o~ poblk s~c~c s~tu~, not rela~ng ~ ~al management alleged ~ fo:~:'ons of ekher D;Ws;on 4 ~o~ct ~at no c~essific~t~on for emplo)'ees ~ ques~on Code. ~ad ~en publ~hed by Di~%~n of ~r S~ndar~ agency, and ~us, should ~ promulga~ under is~ve Pr~edure Act IGor. ~e t 11370 et' s~.~ EnforcemenL Dep~ent of Jndus~l Rela~o~ did Div~n of ~r S~ndard~ Enforcement v. . ..- . ed ~ diminish ngh~ no% ~ mater of hw for pu~es of summm~ judg-' Info~agon S)'s~, Inc (App. 4 D~L1990) ~0 ~L 1.S ~commenc/ng:~ ~5:h Section me,~ excuse con~c~r's express~ sssumed obl{gifion RpV. T~, ~1 ~lApp,~ IlL Co,... ~ pay preva~inl ~'aie~ DiW~n of ~r ~forcement v. Eg~son Info~sgoa Sys~ms, In~ ~ follele~ and'unlvenitles of ar.': Pro¥!sion of Di~4s/0n 4 ~lpp. 4. Db~lgS0) ~0 CaLRp~. ~5, ~1 ~IApp. ad 114. S~ ugYemi~ h sub, ct ~ ~is ~icle on Insurance ~de, or bo~, ra~ure oi Di~%~on of ~r S~,d~ Enfo~emen% wor~ whi~ do not ~volve h~mal affa~ of u~ve~ fai~ed :o ~ke affirmative s~ps ~ De~ent of lnius~ Re2fio~ ~epanment) ~ ~. DK'h~, of ~r Smn&-is Enfo~ement v. ~Y action au~odzed by ~s promulg~ re~lafion in~gn~ ~1~ of ch~sln~ son Info~sfioa Srs~, In~ (Ap~ 4 D~I~0) . . moat closely reh~d cl~s~n for preuR~g wage ~l. Rp~. 75, ~1 ~l~pp~ 114. contract pa~men~ for Failure to comply (a) Not~nding Sec6on ITT1, en awarding ~y shell not requ~e ~e pe~e~t of ~e gene~l pre~'ail~g n~ of ~r diem wages or ~e gene~l ~revai~ng re~ of ~r d~em wages ~or holiday . .-. ' ore.me work for any public works p~ject of ~'en~'-five ~ousand do]lan (125,~) or less when the · - pro~ect ~ for cons~cgon wor~ or for any public works project of fff~en ~ousand dolIa~ ($15,~) ' ' or less when ~e pro~t ~ for al~gon, demolition, repaY, or ma~nance wor~ ~ ~e award~g bMy elec~ ~ ini~a~ and enforce s la~r compli~ce prog~m pu~uant ~ subdi~zion ~) for eve~ public wor~ p~jec~ under ~e authog~ of ~e aw~ding ~) For ~e pu~ses of ~is section, a lair compliance' proem shall ~nclude, but not be limi~d ~e fogo~%g requ~emen~: .. (1) All bid im~ons and public works con~c~ shsl!'c0n~in spprog~te lan~ege concerning ~e Wkhhold~ng con.ct requiremen~ of ~ chap~r. ~ " (2) A prejob conference shall ~ conducted ~ ~e ~n~c~r and su~on~c~n ~ dis~s f~eral end s~ lair]aw req~em~n~ appli~ble ~ ~e con~ .. bi~fng on' o~er (3) Project con.cron end subcon~c~ shall main~in and furnish, at a ~esi~a~d gme, ce~fied copy of each weekly pa)~ll con~nlng a s~ment of compliance signed under ~na]~ of :- . (4) ~e awarding ~y shall re~gew, and, if appropga~, audit' pe)~ll records ~ ve~fy compliance '(~' " ' ~ ~ chap~r .... ~ .... (~ ~e awar~g bMY shall ~thhold con.ct paymen~ when payroll 'records ~e delinquent or it ~ ' (6) ~e awarding ~dy shall'wilhold co~c~ paymen~ equal ~ ~e. amount of unde~a)~ent and " .... app]kab]e ~na]fies when, afar ~vestigafion, it is es~blish~d ~at unde~a)~ent h~ ~c~ed. Addltl~ni.or change~ Indicated by pnderllne~'deletlon~ by astetlsk~. ' * * ..... 63 MEMORANDUM' FROM THE 0FFZCE OF THE CZTY ATTORNEY February 3, 1993 TO: Wayne Peterson, Chair Prevailing Wage Task.Force FROM:' Jeff Jorgensen~/ .... SUBJECT: Prevailing Wage ' As mentioned in my January 28, 1993-memorandum on this subject, attached please find for your information a copy of the resolutions and staff report considered by ithe City of San,Diego when they rescinded the prevailing wage for local projects. If you have any questions or comments, please feel free to contact ~ JGJ/sw A.10.16 attach. cc: John Dunn 'Ann Slate Bill Statler .. John Moss Ken Hampian .... SOLU OS. O. - g51555 80-1,87) .REVISED APR? 1 80 WHEREAs, the City CounCil :adopted Resolution No. 218685 on June 22, 1977, for the. purpose of..establishing a prevailing wage schedule for Public works 'cOntracts; and WHEREAS,'.section 4 of thatl resolution prOvided that.'the schedule shall continue'until superseded by a later Council resolution; and WHER.EAS, it is now appropr!iate'and dee~ed t° be in the City's best interest to rescind said schedule due to the vicissitudes of the 'labor market; and WHEREAS, it is consider'ed 'appropriate thereafter to use the DaVis-BaCon or State Depar~"nent of ~ndustrial Relations '.~:.~:'~<.:'~ ' ! -7 .- · '~:-.- . . . . . ~ . ...... z .... : . . . Wage Determinations only when required by Federal or S'tate -.i~'"'~:.'~ ~ .' - ', · - - ' ' ' grantS'and on other jObs considered to be of State concern; NOW, THEREFORE, BE IT RESOLVED, by the Council of The City of' San Diego, .. that Council Resolution No. 2181685,' ~ated June-22,. 1977, determining and establishing a :minimum wage scale for public works contracts be and the same is hereby rescinded. AP-PROVED: JOHN W. WITT, Ci%y Attorney JK:lco:200 L~ief Deputy City Attorney .~EV.-3/28/80 ..... 3r. Dept.:pUrchas ng ~.. -' .-.'L.-2.2~ ..... ' ...'~52'~7 .' . o .~ ' ...... '.' ................... Adopted on BE IT RESOLVED, by the Council of The City of San Diego as follows: .... ~HER~$'~ a study o~ the ~eneral prevailin~ rate o~ p~r diem'w~$es and of hal ld~'~:.~rk, ~cluding employer F~y~,fits..f~r' health end we!fare, penn,on, v,catlon and similar purpoSes in the city of Sen Die9o for each craft, cl~ssi- ficatio~ or type of ~r~an needed to ~ecute publ ic .~orkS contrac'ts for'The City of San Diego~ has been made; and ~HER~S, the applicable t.~a~e rate eS'tab.llshed by collective bargaining agreements ~nd such rates as may have been predete~ned for Federal Public ~orks ~v[thin the locality end in the nacre'st labor market'area have thereby" beeh ascertained; and ' ~IHER'EA~, ~?hero such rat~ do not Con=titute. the rates actuall'~':'~reVail in the l~jty, .... - ' · · · .... 'e~p~Yer further dete from. l~or organizations ~nd ~ployers'or associetiohs concerned, including t~; recbgni~ed'~ollectlve 'baFgaln~hg repre- ............ -' ' '' ' ' ;- .... : ':' ~ ~:" '" "-: ' '. '.L" .. D : ''~ ' " : ' -' '"" '" ' ' t'~' ' sentat~v~s for the p~rt~cula~ cr~rt, Classific'ation or~Pe of ~..~rk involved '. . -....--..~.. - ..~ h~ve been cohsidered; !~0~, THE~EFOaE, " BE IT RESOLVED,' by th~ COuncil qf The'City o'f.S~'n Diego, as follo~'s~ 1. That,. based'~pon the rep°'rts ~d' rec°r~endati~ns made :to'-it, the Ci-ty. Council asfierta~n'S ~nd determines'that the prevailing rate for each craft, classification or type'Of ~vor~an needed to ~ecute public ~rks contracts The City of Sen Diego is as hereinafter Set forth in Exhibit "A", attached hereto ~nd m~de a p~rt'hereof. 2.__~2..' 2'__.__~2~.2__..~.2.L'-2".. .~2 ' ."7.. ~ .... ~--. .' ..... 2 ..... :' - . ................ ' ......................... '~' .. '2. Thai:the city Clefk be and he is hereby directed to cause to be published.such prevailing wa§e rate schedule cna time in the Daily Transcript, a newspaper publ'ished:daily in said City, and of general circulation. 3. That by reference to this resolution by n~mber, the City Ccuncil may establish the s~hedule of prevaillng rat~of per dle~wages for. public works contracts a<~arded by the City Council of The City of S~n Diego for 'work pe.rfor~ed for each craft, classification,, o~ type of ~.:orkman ~eeded to e. xecute such .. contracts, including'contracts awarded pursuant to special assessment pro- ~. That until such time as the dete~ination herein mede is superseded. by resolution of this Council such prevailing rate of per.die~ wage schedule, · _..or so much thereof· as is applicable to the t.~rk to be' parroted under the particular contract,.shall be included as: a specification in all ·City contracts · hereafter awarded. .. '' .. APPgovED: ..John ~..~y~'ty Attorney .F .. D~utJ ......" "~ EXItl81 r. "A" ' The ~'age rates described herein, filed in'.t!~e City Clerk's office under Documan~ No.~9~and which by virtue thereof is made a b~nding m~nimum wage rate to ba pa~d by the .Contractor and h~ subcontractor~ for sTK[iG~? TIM~}'i~ a~ follow~: *" '"- ~:,~b ~,-:,.~ s~e) ~l.:t ' ' ' - c~? I 11. '. - . ;t~tt¢rs Il.tS. l.lt6 ].tSS "l.~It 4.31 .C~g(O ~:~;~: r~t ted · 1.2l (3 axles, . . ,~:trs (~ft,l) 1.21 .~0 Ltl ~ccectXvs Cmdtlng ' · · ~r " ...... ' "' '': ' ' 1.07 "':- - for ~rk ~'~r 10 ~.rs ~et ~ s~ll ~e.l~ ciao, ~url7 r~ · .' cl~ss:tJcat~'~ec l~or~, co ]c:~ t~ ~%e fcli~a$'rate~S -- "'""' "'"" JUN Of'rICE OF T~E CITY CLE~A ...... :: 5Aa DIEGO. ~[IfO~iA - ......: :.~.~ ..: ,..._ ATTENTION: C°uncil Docket of Apr±l 1, 1980~ Supplemental SUBJECT: STATUS oF PREVAILI)JG )VAGE DETERMIMATIONS iSUMMARY . Issue '- Shall the City update its own prevailing wage determination? Recommendation - Rescind the City's existing prevailing wage determination, use the Davis-Bacon or State Department of Industrial Relations Wage Determination only when required by Federal and State grants and on other jobs' considered of State'concern. -' Fiscal Impact - Undetermined. savings.due to lower construction cos.ts and less restrictive specifications.. BACKGROUND In 1963, the City Charter was changed tp 6llminate the requirement, that the prevailing wage be determined by the'City.and be paid by all contractors performing public works, Thls requirement, however, continued, due to State law which required local government to make wage 'determinAtions. The determination was made annually by the City. by asking the San Diego County Labor Council and the Building Trades Council for the l~bor agreements for each craft under their jurisdiction from. which p?evaili~g wages were ·determined. These were forwarded-to the Associated Genera) Contractors Association end the Building C~ntractors Association for their concurrence.. ~hen'it was received, the Council· scheduled a hearing, however, no one ever appeared and the wage determinations were adopted. "The law was subsequently changed to provide that the·State Director of Industrial Relations determine and publish the prevailing w~ge in each l~::ai a.r~a.ln the State. The inclusion of this determineti6n is required in ail public works specifi~atlons in general law cities and also in Charter cities when the project is of State or regional concern. It is not required in Charter cities when the project, is of strictly.municipal concern.. An example would be construction'of parks, ))~ra'rJes,'and fire stations uslng.)oc~! funds. Federal grants require the inclusion of the:Davis-Bacon ~age Determination. ~ork of the HetropolJtan Sewage System is of regional conCern and ~ould require the State wage determination. Under these circumstances, it appeacs in the City's best interest to abandon our "Prevailing" ~/age Determination as there is no way of determining the actual prevailing wage, only the published union wage rates are available. Non-union contractors often pay. scale or above ~vhen ~vorkers achieve high. productivity. Others obvlous!y pay less. Then the City would include the State '~/age ·Determination on projects of State or regional concern, the Davis-Bacon Determination when required by Federal Grants; and excluding ali determinations on projects of'mUnicipal concern only. ALTERNAT i VES - --- 1. Direct the City Hana~er to mal~e a Cl.ty ~/age Determination and. include,it ~..~.., 2. Use the State ~4age Determination for San Diego on all City projects. Respectful ly submi tted, · Deputy Clty Hanager.. -... HALL/REP1 ' ' ': .... ~.~'?' § 1777.1' LABOR ¢ODr. ~'-{~: ;::: .~ (d) A willful Violation OCcurs when the contractor Or sub~0ntractor knew'or reasonably should have ::,.. :: known of his or her obligations under the public works law and deliberately fails or refuses to ;,-, - -: ~omply with its provisions. --:; ..... -~---'.--' ~-~. ;.' :-..' -."v ~ :- ':i :- . :-; · : '- "",'.- "'." .... (e)' The Labor 'co'~'~nisslo~r"shall ~i~mulgite- r~le-s-~nd :r~kdllati0~ii i.fo/,' the-administratiOfi and ;?' ' enforcem~n-t Of this ~eCtion,-th~'de£mitiSn of · ' ...... - ...... '. · ?~" (×daai' ~S'~S.liiS~,'[' fai;'l"~:)' :,~' :'.~.[ .... -': '~:-~' '~' ""'--" ' .... . ' "'_-': '-.Code. Of Reg~latl0'hS Refer;eric's ~i '-':Y. (~' :: J '" .?- ' ':"" ' '. ' 'i' .~: '.' '..'['.[;' ..... ' :.: . / .: . ...: .', .-:: ~..,'L' _. :;i!. Debarment, see 8 I~.,al.' C~e' of Regs. 16800 et s..sq... ~'.L, ' .:~ '. '. :: :' ~.~' . .'~-:'.-:. L' .. -' · ~.'~ .-'[- . .:... § i~??.S. Employment of r~gts[ered ~pp:re'nticesi"-{za~es; standards; 'niimber;, app~nticeable :}~ .' i'[-" i' :. '[ craft or trade; iexemptions;, c0ntribu!lons ' ' '?:;[ Nothing`in this cha~ter shall p~event"the"er{ipl0~hi~i~t Of l~{'op~rly'regis~ered a~rehtic'~ Upon ~['j'.i p~blic works. ' ---: ..... ... · ..... :; '., :...; · ;. .... . '.u: ..; . '. :..: . ..:-.~ ..... .: .... '.'." avery'such apprentice sba!! be paid the'~{a~'da~l w~ge"l~aid t~'~pi~re{it~c~s'~n'de'r' the ~e'gUl~tions Of !.~:i the craft or trade at which he or she is employed, and shah be 'e.mployed ohly' at the work of the craft i!J~.'~- Or trade to which he' o~; she is~tei'ed. · ~ ' ::~'-::"';'!:':" ~; ~ ~: ':' :'-; .- :' ' ."- ' ...... Only 'a~p~e~tices', ~S de'"-~mea 'in Section a07'~, '~l~ar~';m:tr~in'i~s ~cier~ aPi~'r~'~i~e'shi~"Standards and written apprentice agreements under Chapter'4 (c0mmeacinS with Section 3070) of Division *. *. , are elig~ole to be employed on public works.': The' ~mplOymen~-~'d tralnin~ of each apprentice- shall be in accordance with the * .° *..appr~nticiship._stan. da.rd.S..'' .and. ~ppt;entice '.agreemen~ und. er 'which he or Sh_.___~ is traln~[ :" i'. Whin the eontra'~i~r to Wh~m the ~ontr~ct is ~warded h} th; state or aa~' P°li~i~al S~lxlivision~' or · anY" "subcontractor i~'hder "him 'or he.___!r, in performing 'any of the work Under the contract or subcontract, employs workers in any apprenticeable craft or trade, the conU-actor 'and Subcontractor shall apply to the joint apprenticeship committee administering the apprenticeship standards of the · craft or trade in the area of the site of the public work for ~ ~:ertificate approving the contractor ~r ~ subcontractor Under the apprenticeship standards for the' emplolrment and training of apprentices in the area 'or industz7 affected' '..'.. However' appro{ral 'as established by the joint apprenticeship ~i'i -' committee or conlmit'tees shah be subject to the approval of the Administrator of Apprenticeship. ;'.. The joint apprenticeship committee or committees, subsequent to approving the subject contracto..r or ~ ..... subcontractor, shall arrange for the dispatch of apprentices.to the contractor or subcontractor in ~' ~ i order to comply with this 'section. '.:Every contractor and subcontractor shall submit contract award S '.upon ministering the apprenticeship standards of '~ ~e craft or trade in the area .of the site of the public work to ensure ~qual employment ami , affirmative action in apprenticeship for women and minorities. Con~ractors or subcontractors shall ; not be required to submit individual applications for approval to local joint apprenticeship comm!t't~es ~ 'provided they are already .covered by the local apprenticeship standards.' The ratio of work ."... ~orm~ by apprentices to journeymen who shall be employed in' the c~aft or'trade on the pu-~'~ 'f::. work maybe the ratio stipulated in the apprenticeship standards under which the joint apprenticeship c0mmittee'~i~erates, bu ~ ~'this section in nd-~se shall the r~tio'be less i~,i' that"one h'~ lye ourso a r rformed b "; ' ~ lo ed at the 'ob site and shall be .: ~: ~en so employed, excel~t for ·; ' ~ntractor snail enoeavor to t~e 'ii. te~ durin the same time riod that the' urne en in' - ~s man one apprenuce_xor '?". 'five 'ourne en in a c on..:~ ?-~ :~"::-..'~?!'- :'::'"' ~.c.~.: '?.: .:'.-.....i .. ,:.:: .. "'. ". The contractor or subconi~-actor, if he or she is covered by this section, upon the is's~snce !:'; ' approval ce ..rfdficate, br if he Or she has been previously approved in the cra~ or trade, shall :; ": the number of apprentices or the ratio of apprentices to journeymen sti'-'~pulated in the apprenticeship {~t':" _ · . ":" Additions or chan0ea indicated by i!?'.' ' 68 ~: L~AB'OR CODE ". ....... ~777.5 .... ,~. ~ U~n pm~r sho~ng by ~e ~n~c~r ~t he or she employs app~n~e~ m ~e e~ft or ~ ~ s~o~. ~ s~on shall not apply m ~n~ of gene~ con~c~. ~,~¢ ~i ~0n~c~ y 8 ~u~e~an ~ excess of eight ho~ ~r ~y or 40 ho~ ~r weekf shall not be ~ " ~' ' .. '~. "- ' ' :'' whi~ shah ~ ~ub~ect ~ ~e. appmv~ if ~e'A~~r of App~figceship, '~x~mp~g ~r ~m ~e,l-~5 ~g0 set fo~ ~ ~ s~flon when it ~ ~at an~' one of ~e follo~g (d) .... ~i~ment of an' app~ng~ ~' ~ work ~o~ ~der a pubBc wor~:~n~ct would ~ a ~n~gon' which would j~ ~ or her Me Or ~e ~e, ~fe~; or' p~'~of fellow Empl~y~ or ~e public at ~e or ~ ~e S~c ~k ~ wM~ ~e appmn~ ~ W ~ ~si~ ~ of ~ Sub~t ~du~ appH~go~ for app~v~ ~ 'TA ~n~r ~'whom ~e ~n~ ~ a~ or ~y su~n~r ~der ~m or her, who, m spring--hie '~ Or ~de 'aad ~ho '~ 'not ~n~u~g ~ a '~d or ~' ~"~m!nt~r and ~nm~u~g, sMH ~n~u~ ~ ~e f~d or ~ ~ ~ ~ Or~de ~ w~ he'~'employs ~e~en or appmngces on ~e public work ~ ~e ~me ~o~t Or'u~n ~e s~e b~ ~d ~ ~e ~me ~a~ner M ~e o~er ~n~n do, but whe a~pt ~e ~,' ~n~ not si~a~ ~ ~e ~t a~ment shall pay a ~e amour ~ ~e ~o~ App~nfi~h~} ~hne~ --~e ~n~r or au~on~r my ~d ~e ~o~t of ~e con~ugo~ ~' '~pu~ ~-or her bid for ~e ~n~, ~e Di~ion .of E~o~ment b aU~: ~ ~enfoxe ~e pa~nt of ~i ~n~ufioM 'w' ~ei~d o~'f~ ~ set ,.: AddlgonS or changes Indicted }y Underline; dele~o~ by ~.... -69 ~-..'. _ ....... . '-, To: Wayne P., John M.;'Ann Slate '..: .. · '¥ ~ '~ S Fm: Jeff Jorgensen ~ F.Y.I. LOS ANGELES TIM~ D2 SUNDAY, blAR~ 7, 1~3 Policy · Attack Again Rule PoliticalH°t Potato Is Under Prevmhng'W ge - prevailing-wage regulations ira- When some CalP~RS trustee ~oldsmlth also points out t~at scale. the state's 84 largest cities--in- Another measure intr~uced b~ prove construction quality. More- learned late l~t year that unio lair had not been used on some c [ '. law is one of those issues that :'. cluding Los Angeles, San Francis- Richter (AB 93) would exemptover, Relier asked: "Who is going from to pa)' for the training and appren- the 15 pmj~ already financed b er it~lit[callysmart toavoid. , ; :. ~..E. co and San Diego, which are legalty small public works projec~ - defined as "charter c t es"--a[- the prevailing-wage requirement, ticeship programs that the union the pension fu~d, the)' apply ~ ~[ future CaIPERS loans. . theprevailing-wagelaw, project costing more than S1,~ workersY' who build I~al public works proj- ~ '~ ~ i In 1981. the California Supreme' faits under prevailing-wage rules. The two Republican lawmakers However, the trustees delaye ec~ to pay a wage equivalent to ~ ~7 th~ l~al union rate. Often taking ~ Court, in the ease of ~naldVial vs. The Richter measure would COhere that they face an uphill action on the new ~licy aft{ thei .... from the state's labor ~[ ~ City of San Diego, heldthatcharter change the threshol~ to $~,~. political climb. But the."economy bei~ heavily lobbied by the hou~ unions, theSenate IndustrialRela- :: ~~ cities were exempt from prevail- promising to "provide some work and the budget work in their lng ind~tr~, which op~$ed t? tio~s Committee and the Assembly [ ~ ina-wage laws, because [ocall~ for small contractors and jo6s for favor,*' said David Jones, govern- new rule. affairs director for the Current CalPERS policy sa~ . League of Cal fornia Cities in Sac- that the pens{on' fund suppor Lair and ~mplo~ment Committee : ~ funded public works projee~ were skilled workers lB these hard meat have quickly Squelched previous ~ ,,municip~ldeci$ions."And, indeed, times,' he said. · ' attemp~ to ehange thMaw. San Diego doesn't pa~ prevailing Pro.neats of weaker prevail- ramento. "Local. government has many of the "ideals es~used ~hat history, however, didn't :: wages on city-funded public works tag.wage rules argue that reform less money, and everyone is look- lair unions and h~ favored uni~ in real es~te dew and management whe deter freshman A~emblylawmak- : projects, though Los Angeles and will open up construction ~bs to ina for wa~s to free [municipali- participation . - practic~.' But it doesn't require i ers Jan Goldsmith (R-Poway) and : San Francisco do. minorities and women--an argu- ties] from this fiscal mess." opment ' ,meat disputed by union officials. Another blow ~ organized laE Bernie ~ichter (R-Chico). They ~ assert: that the prevailing-wage : ~: : ~ut t~e decision didn't apply to ~ ~hey claim to be fighting for ~he League of Cities 15 sup~rt- rule p~he$ up the cost of con- : ~ ~the rest of the ~5 municipali- minorities and women, but they are ~ing the prevail ha-wage bills, I$ a new study prepared b)' t' stfuction, making local public ~ .... ~;:~ tiesin thestate, promising an hourly Construction which will be consider~ March 15 California T~ Credit ~tloeati works projects more expensive pATR[CiA~ltTCHELt.'~A~get~Wtme: If he fails with AB 192, Gold-, rate of $6 to $8," said Ch~les by the Assembly Employment and Co~ttee, partofS~teTre~ur th~n they should be. smith has another plan of attack. Reiter, legislative director for the Labor Committee. Kathleen Brown's office. Arguing that "if it's the eries' AB 193 would water down the' State Building and 'Construction While their legislative Support Schedul~ to be released t~ money, it should be the eitles' buildings and other public facili- state's prevailing-wage formuta,~ Trades Council in Sacramento. on the prevailing wage seems uR- co~ing week,,the "California ~ ch~ce." Goldsmith introduced a ties. which says that the wage r~te on, '%~y i$ it they always pick on wavering, union representatives fordable Housing Cost Study"'ec bill. (AB 192) last month that "Local government is under astate and local public works proj-; construction workers~ Wh~ not have had a' couple of s~tbaeks cludes that prevailing-wage wduld allow small cities to waive tight financial squeeze, and this is ects will be determined b5 the cap contractor [~rofit] or reform latel~inSacra~ento. ' - quirement$ can ."significant~ cit~ government regulations that Unions failed to persuade the incre~ethecmtofprMucinggc eminent sdbsidized afrorda~ the'prevailing'wage requirement an eas~ way for the Legislature to Eighes[ wage paid locall)'--typi- when building libraries, city office help cities save some money," $aid eally theunion rate. TheGoldsmith increaseeonstrb~tioneos~? $TI-billion California public Goldsmith's legislative aide, Jot ~easure would reconfigure the According to Reiter, there are no plo~ee$ Retirement System to ira- housing. Cos~ are bumped up BRADLEY~IAN~an Condie. Prevailing-wage require- prevailing-wage arithmetic, aver. definitive studies proving that pre' pose prevailing-wage rules on a 15~intheBayAreaandlSto3: Oakland ~dter specMlizJn~ in men~, he contends, can push up aging the union and non-UniOn rate vailing-wage requiremen~ inflate new $375-mi[lion housing con- .tn the Los Angeles area, the Ca~orniab~Jn~ues. consttuetion costs as much as ~' to come up with a lower wage costs. He 'argued, however, that structioninvestmentprogra~,says. ' .... B A K E R S F I E L'D PUBLIC WORKS DEPARTMENT M E M O R A N D U,,,.M--' TO: Alan Tandy, C~ty Manager FROM: Ed W. Schulz, Puhhc Works ~Director ~ , DATE: December 17, 1993 SUBJECT: Mobile Data Terminal System for Police Vehicles A member of my staff (Telecommunications) recently accompanied a Police Department representative to review a new mobile dam system for police vehicles in Portland, Oregon. Attached for your information is a copy of his report with considerable detail. The report suggests a workshop with the City Council sometime within the next few months and my understanding is the Police Department will schedule this at an appropriate time in the budget process. D12 .toro Attachment cc: Bob Jones, Telecommunications Steve Brummer, Police Chief MEMORANDUM December 9, 1993 TO: Ed Schulz, Public Works Director FROM: Bob Jones, Communications Engineer ~ SUBJECT: Report on visit to the City of Portland The Police Department is considering the purchase of a mobile data terminal system for their police vehicles. This system enables officers to directly access computer files for information such as DMV records, NCIC, felony warrants, etc. Currently this information is requested via radio communication through a dispatch operator. Delays are experienced in obtaining this information as this procedure not only ties up the operator, but can also increase the loading effect of the mobile radio system. Implementation of a mobile data terminal network provides faster access to data files and allows mobile radio channels to be used more efficiently. On November 30, 1993, I accompanied Police LT. Cleo Blackburn and Motorola Senior Data Sales Executive Alan Breitmeyer to Portland, Oregon, to observe the City of Portland's new mobile data system. The following morning we met with Motorola Systems Engineer Steven Miller, who took us to Portland's new communications facility. Upon arrival we were introduced to Senior Communications Engineer Joel Harrington. We spent the first hour discussing the do's and don'ts Portland has experienced. Key elements that enabled Portland to successfully implement its system include: OResponsible project management OHardware Staging OQuality Hardware ~Phased implementation ~Training Mr. Harrington is Portland's Project Manager for the Mobile Data ~ Systems project. Separate project managers from Motorola were required for voice and data systems. Mr. Harrington, working closely with Motorola's project management team, ensured that Motorola's implementation met or exceeded the high-level of quality that was apparent throughout Portland's communication systems. His technical expertise, along with aggressive management skills, guaranteed that the City of Portland was getting a system well- designed and professionally installed. A close working relationship between Portland and Motorola was obvious. Motorola assembled all system components at their San Diego facility prior to shipment to Portland. Many times a vendor will simply drop ship component pieces at a customer's location and have their personnel assemble and de-bug the system at the customer's premises. This is not acceptable when .things don't work as advertised. By "staging" equipment at their factory facility, the system is delivered ready to assemble and turn on without delay, making all pieces work together when the system is initially turned on. As a result, customer/user confidence is assured 'because everything works when the system is initially turned on. Probably the most important element is the hardware itself. Well- engineered components ensure that a reliable and dependable system will be installed that will be around for years. Hardware must consist of at least current technology and provide for future expansion capabilities. The system hardware consists of the mobile data terminals (MDT) and radio base site equipment. Motorola's MDT is a compact and rugged unit which houses the keyboard, computer, display unit, radio transmitter/receiver, and the special modem which allows computer data to communicate with the radio. Typically, the computer and radio would be separate units to avoid interference with one another. The fact that Motorola has successfully combined these units attests to their fine engineering capabilities. This design will also reduce technician installation and maintenance times. The core of the radio base site equipment is the Motorola MSF-5000 radio base station. This unit has been around a number of years and has a proven track record. We have them in service at this time and have not experienced any problems. Portland has designed its system for phased implementation. They will install and turn on programming features in phases to minimize loading affects that could cause system degradation. This helps to instill confidence of the new system. As features are proven dependable, the next phase is implemented. MDT equipment is also being phased, beginning with the Police Department. Portland's communications division does all of its systems/components installations. Motorola's engineering staff oversaw the system installations and provided hands-on training at each site. Portland is also sending its technical staff to formal training at the Schaumburg, Illinois facility. Having this type of training available allows Portland's technical facility to complete any repairs without assistance from Motorola. This is the most cost efficient way for Portland to maintain its system at this time. We had the opportunity to observe Portland's system during very cold and high-precipitation weather. These types of weather elements can greatly hamper the transmission characteristics of radios operating in higher frequencies. The system performed flawlessly. I noted that one site had a relatively poor signal quality between the MDT and base site. It could be expected that this would provide inadequate data transfers; however, there were no problems detected and good, solid communication was maintained. The MDTs were also able to pass their signals through building walls, which can also limit the value of the signal. Again no problems were seen. My overall impression of this system, as observed, was that it was well engineered and professionally implemented. The system was designed to provide 95% coverage 95% of the time. Mr. ~Harrington stated that this system exceeds that specification. Portland's total system loading will include 500 MDTs upon project completion. Lt. Blackburn and I also had an~opportunity to attend a mobile computer seminar in West Covina 'on Thursday, December 2. This seminar was presented by the West Covina Police Department in response to numerous requests to see their mobile data system. Lt. Jim Dillon was the overall project manager and Cmdr. Ken Field was responsible for the mobile project design and implementation. They chose a system that included equipment from seven separate vendors. I saw numerous logistic problems associated with this principle. I felt that the presentation was not conducted on a very professional level, leaving me with the impression that it was a hobby project undertaken by Lt. Dillon and Cmdr. Field. The system was inoperable most of the morning, with a few exceptions. They had trouble getting a terminal to work from within the Council Chambers, even though they connected an outside antenna on the roof. The MDTs being used are much larger and bulkier than Motorola's model 9100-386. Installation, therefore, was sloppy and used all available vehicle floor space for mounting hardware. Consequently, the siren and radio had to be installed in a console mounted in the ceiling. Safety was definitely in question; head room was reduced due to the overhead console location. One conversation that I had with a patrolman confirmed that he had hit his head on the console. He also stated that the radio and siren controls were difficult to see. This MDT, along with associated mounting hardware, cannot be mounted in vehicles using dual air bags. West Covina's solution to this problem was to purchase enough current single air bag vehicles to last the next three years. One final observation with this mobile data equipment was that, in contrast to Motorola's model 9100-386 MDTs, these units had separate components. The system was comprised of the keyboard, computer, display unit, radio and modem. The radio and modem were trunk mounted and connected to the computer via inter-connect cabling. This complicates installation and maintenance', whereas the Motorola is one compact unit mounted near the operator. I think that the question as to what type of system to procure is not confined to Motorola versus brand "x". We must consider which system model is more acceptable. Portland definitely used leading edge technology coupled with sound, professional implementation policies to give them a system that will provide solid, reliable service for several years. Motorola's design will also save on costs from installation and maintenance aspects. Because of the compact design of Motorola's 9100-386 MDTs, they are more suited to the confined environment of public safety vehicles. I highly recommend that we consider a system based on Motorola's MDTs and site base equipment as observed in Portland. We can be assured that this is the most cost effective way to provide dependable mobile data communications for years to come. -I would also recommend that Motorola personnel present an operational workshop with City Council members. cc: Lt. Cleo Blackburn Joe Lozano Mel Perry PD 64-2759 MEMORANDUM December 21, 1993 TO ALAN TANDY, CITY MANAGER FROM STEVE BRUMMER, CHIEF OF POLICE ~ SUBJECT SITE VISITS ON MOBILE DATA TERMINAL (MDT) PROJECT Recently, Lt. Blackburn and City Communications Engineer Bob Jones visited two sites to investigate MDT and laptop applications in police vehicles. The attached memorandums provide their assessment of these technologies. SEB/vrf CC: John Stinson MDTRPT. MEM PD 64-2759 MEMORANDUM DECEMBER 8, 1993 JAMES M. LEWIS, ASSISTANT CHIEF TO C. A: BLACKBURN, JR., LIEUTENANT FROM SITE VISITS ON MDT PROJECT SUBJECT On December 1 and December 2, 1993, City Communications Engineer Bob Jones and I were assigned to site visits to investigate user applications of mobile data terminal projects. A brief background of my experience and observation of MDT applications began in 1974, and at that time data radio technology was in its infancy and the basic purpose of mobile data was to 'provide status changes between field units and the dispatch center. Since that time I have observed over twenty applications of mobile data technology in California, Texas, Florida, Virginia and Washington D.C.. On December 1, 1993, we visited the City of Portland, Oregon, and were given a tour of their communication system by Senior Communications Engineer Joel. Harrington, who is also the project manager for several subsystems in their communications project. Portland has recently funded and has been acquiring a totally new communications system, including facilities, new radio base stations, mobile communications equipment, including mobile data terminals and ground positioning equipment. Portland's total outlay for this project is approximately twenty-four million dollars and was funded through communication replacement accounts, some general fund money and bonds. As the major thrust of our visit was to investigate their data communications application, we focused on that and learned that the City of Portland had entered into a five year sole source agreement with Motorola Mobile Data Division to provide six hundred and seventy-five mobile data work stations and backbone equipment to interface with their CAD and other computer applications. Mr. Harrington advised that since the inception of the project that Motorola's approach had been thorough and that their team approach to project management and completion of the system had been thoroughly satisfactory. Mr. Harrington further advised that the reason that the city had settled upon a single vendor was to alleviate the problems of dealing with multi-source vendors and the acquisition and installation of hardware and software to make the system complete. Mr. Jones and I inspected the backbone equipment to the mobile data application and found that the project management had done a first SITE VISITS ON MDT PROJECT DECEMBER 8, 1993 rate job in all of the installation of the communications equip- ment. We also investigated the installation of the equipment in the vehicle and found that the vendor, as well as Portland Communications had done an outstanding job of installing the mobile data terminal so that it's position would not interfere with the 1994 vehicle dual air bag requirements. When I questioned Mr. Harrington as to why they had settled upon the Motorola Mobile Data Terminal concept versus the laptop technology, he advised that their reasons were because of reliability, durability of the equipment and the single vendor approach concept. I would rate our observations of the total Portland mobile data system as excellent and from speaking with several employees of the City of Portland's Communication Division and two of Portland Police Department officers, I would rate the vendor support from Motorola as excellent. On December 2, 1993, Mr. Jones and I visited West Covina Police Department and attended a seminar presented by the police department on their mobile data computer system. West Covina had taken an entirely different approach to acquisition of a data system and had a total of seven vendors involved in the hardware and software applications to their system. Although West Covina had invited in excess of sixty representatives of various departments throughout California, they were unable to provide a demonstration of the system because their demo unit they had set up in the city council chambers would not function. We did not inspect the backbone equipment to the system, however did inspect their vehicle application and found that the hardware they had used in the police vehicle could not be used as installed because of its size after the model year 1993. When questioned about what they were going to do about installation in 1994 vehicles, they advised they had purchased enough 1993 vehicles to last for three years and hoped that they would find a solution to that issue before their vehicles were due to be rotated.' The~installation was totally unsatisfactory from a maintenance and installation standpoint in that the radio and modem were mounted in the trunk on a piece of plywood that had been fastened to the inside of the trunk and cabling had to be routed to the driver's compartment. This was obviously a far less desirable solution than Motorola provides in their single unit design concept where the radio modem and terminal are all one unit located in the driver's compartment. Their unit, which was mounted to a hard mount to the right of the steering wheel also covered up the heater and air- conditioning controls and when questioned as to how you could turn 2 SITE VISITS ON MDT PROJECT DECEMBER 8, 1993 the heater or air conditioner on as it was impossible to reach behind the terminal, they advised they had solved that with ordering climate control air-conditioning where the temperature was set on the left side of the dashboard. The size of the MDC terminal also caused the planners to have to install the radio and siren gear on an overhead mount on the ceiling, which appeared to be an officer safety issue because of the fact that officers would be striking their heads against this equipment, in the event they were involved in a high speed pursuit, etc.. Because of the size and position of the unit the shotgun also had to be mounted on the ceiling of the vehicle and was mounted in a front to back position over the passenger's head with the barrel of the shotgun extending into the backseat. I spoke with several officers that were manning static displays outside of the demonstration area and asked for their input as to what they thought of their new system and the installation of the equipment. All of the officers questioned advised that the ergonomics of the installation were totally unworkable and one officer even commented that when making felony stops, because of the mounting of the shotgun on the ceiling of the vehicle, it appeared to the public that the officers were giving up to'the suspects because they were holding their hands over their heads. I obtained literature from all seven vendors present at their seminar/demonstration and found that in reading the specification sheets on the data terminal they utilized, that it would not withstand the heat encountered inside of police vehicles in the Bakersfield area. In assessing the total data system installed in the City of West Covina, utilizing seven vendors, I found their approach to be an unacceptable solution to acquisition of a data system and although they made the decision to go with the laptop technology prior to Motorola's introduction of a 386 based terminal processor, they felt that they could make their system work. To be fair in my assessment of laptop technology versus mobile data terminal technology, I have observed several laptop systems, including West Covina, Fremont and Morgan Hill. In all applica- tions, I found that they did not encounter the high heat inside the police vehicles as we do in Bakersfield in the summer months, and they have had multiple hard disc failures utilizing laptops inside police vehicles. 3 SITE VISITS ON MDT PROJECT DECEMBER 8, 1993 Motorola has taken the approach and is the only terminal manufacturer that I'm aware of that meets the requirements of NCIC 2000, as it has serial ports installed that will accommodate bar code scanning, fingerprint scanner and mug shot printing. They also have installed serial ports which accommodate ground positioning systems which work in conjunction with automatic vehicle location systems and vehicle printers. It is my recommendation, after having viewed the evolution of mobile data technology for almost twenty years and recent investigation of laptop, as well as mobile data terminal technology, that the only system we consider' is mobile data terminal technology and the only vendor that we consider be Motorola Mobile Data Division. Motorola's Mobile Data Division has set the new standard for mobile communications performance with the 9100-386 Technology. It was designed for real time computer access and messaging in a mobile environment. The new 386 technology includes support for applica- tions running in the MS-DOS/Windows Operating System, removable storage and protocol upgrade ability which will protect our terminal investment as wireless technologies evolve. C A. Blackburn, Lieu enant CAB/ik communic\mdt\cab MEMORANDUM December 9, 1993 -- TO: Ed Schulz, Public Works Director FROM: Bob Jones, Communications Engineer~..~. SUBJECT: Report on visit to the City of Portland The Police Department is considering the purchase of a mobile data terminal system for their police vehicles. This system enables officers to directly access.computer files for information such as DMV records, NCIC, felony warrants, etc. Currently this information is requested via radio communication through a dispatch operator. Delays are experienced in obtaining this information as this procedure not only ties up the operator, but can also increase the loading effect of the mobile radio system. Implementation of a mobile data terminal network provides faster access to data files and allows mobile radio channels to be used more efficiently. On November 30, 1993, I accompanied Police LT. Cleo Blackburn and Motorola Senior Data Sales Executive Alan Breitmeyer to Portland, Oregon, to observe the City of Portland's new mobile data system. The following morning we met with Motorola Systems Engineer Steven Miller, who took us -to Portland's 'new communications facility. Upon arrival we were introduced to Senior Communications Engineer Joel Harrington. We spent the first hour discussing the do's and don'ts Portland has experienced. Key elements that enabled Portland to successfully 'implement its system include: OResponsible project management 0Hardware Staging %Quality Hardware %Phased implementation ~Training Mr. Harrington is Portland's Project Manager for the Mobile Data Systems project. Separate project managers from Motorola were required for voice and data systems. Mr. Harrington, working closely with Motorola's project management team, ensured that Motorola's implementation met or exceeded the high-level of quality that was apparent throughout Portland's communication systems. His technical expertise, along with aggressive management skills, guaranteed that the City of Portland was getting a system well- designed and professionally installed. A close working relationship between Portland and Motorola was obvious. Motorola assembled all system components at their San Diego facility prior to shipment to Portland. Many times a vendor will simply drop ship component pieces at a customer's location and have their personnel assemble and de-bug the system at' the customer's premises. This is not-acceptable when things 'don't work as advertised. By "staging" equipment, at their factory facility, the system is delivered ready to assemble and turn on without delay, making all pieces work together'when the system· is initially turned on. As a result, customer/user confidence is assured because everything works when the system is initially turned on. Probably the most important element is the'hardware itself. Well- engineered components ensure that a reliableanddependable system will be installed that will be around for. years. Hardware must consist of at least current technology and provide for future expansion capabilities. The system hardware consists of the mobile data terminals (MDT) and radio base site equipment. Motorola's MDT is a compact and rugged unit which houses the keyboard, computer, display unit, radio transmitter/receiver,, and the special modem which allows computer data to communicate with the radio. Typically, the computer and radio would, be separate units to avoid interference with one another. The fact~ that Motorola has successfully combined these units attests to their fine engineering capabilities. This design will also reduce'technician installation and maintenance times.' The core of the radio base site equipment is the. Motorola MSF-§000 radio base station. This unit has been around a number of years and has a proven track record. We-have them in service at this time and have not experienced any problems. Portland has designed its system for'phased implementation. They will install and turn on programming features in phases to minimize 'loading affects that could cause system degradation. This helps to instill confidence of the new system. As features are proven dependable, the next phase is implemented. MDT equipment is also being phased, beginning with the Police Department. Portland's communications division does all of its systems/components installations. Motorola's engineering staff oversaw the system installations and provided hands-on training at each site. Portland is also sending its technical staff to formal training at the Schaumburg, Illinois facility. Having this type of training available allows Portland'stechnical facility to complete any repairs without assistance from Motorola. This is the most cost efficient way for Portland. to maintain its system at this time. We had the opportunity to observe Portland's system during very cold and high-precipitation weather. These types of weather elements can greatly hamper the transmission characteristics of radios operating in higher frequencies. The system 'performed flawlessly. I noted that one site had a relatively poor signal quality between the MDT and base site. It-could be expected that this would provide inadequate data transfers; however, there were no problems detected and good, solid communication was maintained. The MDTs were also able to pass their' signals through building walls, which can also limit the value of the signal. Again no problems were seen. My overall impression of this system,.as observed, was that it' was well engineered and professionally implemented. The system was designed to provide 95% coverage 95% of the time. Mr. Harrington stated that this system exceeds that specification. Portland's total system'loading will include 500 MDTs upon project completipn. Lt. Blackburn and I also had an opportunity to at~end a mobile computer seminar in West Covina on Thursday, December 2.. This seminar, was presented by the West Covina Police Department in response to numerous requests to see their mobile data system. Lt. Jim Dillon was the overall project manager and Cmdr. Ken Fi'eld was responsible for the mobile project design and implementation. They chose a system that included'equipment from seven separate vendors. I saw numerous logistic problems associated with this principle. .I felt that the presentation was not conducted on a very professional level, leaving me'with the impression that' it was a hobby project undertaken by Lt. Dillon and Cmdr. Field. The system was inoperable most of the morning, with a few exceptions. They had trouble getting a terminal to work from within the Council Chambers, even though they connected an outside antenna on the roof. The MDTs being used are much larger and bulkier than Motor01a's model 9100-386. Installation, therefore, was sloppy and used all available vehicle floor space for mounting hardware. Consequently, the siren and radio had to be installed in a console mounted in the ceiling. Safety was definitely in question; head room was reduced due to the overhead console location. One conversation that I had with a patrolman confirmed that he had hit his head on the console. He also stated that the radio and siren controls were difficult to see. This MDT, along with associated mounting hardware, cannot be mounted in vehicles using dual air bags. West Covina's solution to this problem was to purchase enough current single air bag vehicles to last the next three years. One final observation with this mobile data equipment was that, in contrast to Motorola's model 9100-386 MDTs, these units had separate components. The system was comprised of the keyboard, computer, display unit., radio and modem. The radio and modem were trunk mounted and connected to. the computer via inter-connect cabling. This complicates installation and maintenance, whereas the Motorola is one compact unit mounted near the operator. I think that the question as to what type of system to procure is not confined to Motorola versus brand "x". We must consider which system model is more acceptable. Portland definitely used leading edge technology coupled with sound, professional implementation policies to give them a system that will, provide solid, reliable service for several years. Motorola's design will also save on costs from installation and maintenance aspects. Because of the compact design of Motorola's-9100-386 MDTs, they are more suited to the confined environment of public safety vehicles. I highly recommend that we consider a system based on Motorola's MDTs and site base equipment as observed in. Portland. We can be assured that this is the most cost effective way to provide dependable mobile data communications f~r years to come. I would also recommend that Motorola personnel present an operational workshop with City Council members. cc: Lt. Cleo Blackburn Joe Lozano Mel Perry B A K'E R S F I E L D MEMORANDUM December 14, 1993 TO: ALAN TANDY, CITY MANAGER FROM: TRUDY SLATER, ADMINISTRATIVE ANALYST II .~.~,..~z:~,,.~.~,~,._~... SUBJECT: REFERENCE CHECK ON E. DEL SMITH AND COMPANY From the list of references you gave me for E. Del Smith, I was able to talk to four individuals from those I called from December 10 - 13. Of the four, all were very supportive of E. Del Smith's efforts on the part of their organizations. Jim Hankla, City Manager of Long Beach, has worked with Del at two different cities. Long Beach has had him working for them since the early 1970's. Del is very productive and has helped them in a number of areas of federal assistance, including Corps of Engineers, development, commerce. Last year he was instrumental in keeping the Long Beach base from closing. He gets approximately $210,000 from the City of Long Beach and the Port ($90,000 City's share). Del knows that if he doesn't produce he will be replaced. Del works directly through the Assistant City Manager or the City Manager. He has to have very specific targets he has to hit. He is a hands-on type of individual who is usually in the middle of what is going on. Every time they have had need of him he has been there for them. Jim considers him to be a long-time friend. Ken Frank, City Manager, City of Laguna Beach, indicated they hired Del 7-8 years ago, and he has worked on a broad range of issues. They originally hired him to fight a freeway. The fight was not successful but he did what they asked him to do. Currently land and water conservation for a park is an issue. Although there have been no major victories, Ken is pleased with his work. Del has good access to people in Washington-- good contacts, opens doors. He probably isn't a real detail man on substantive issues. He gets $950 a month. His direction comes from the council, although he works with the manager probably 95% of the time. He is good friends with Bob Gentry, a councilmember. Del has some private clients as well. If you are looking for lots of staff work, Del is not the place to good. He excels in terms of providing access and introductions to the Washington system. Long Beach originally recommended him to Laguna Beach. Christine Thalman, Intergovernmental Relations Officer, City of Anaheim, indicated Del has been on contract for legislative advocacy with Anaheim for 11 years. He has been successful with transportation, EDA, defense, etc., every issue they have come up with. ALAN TANDY, CITY MANAGER Page 2 December 14, 1993 Del has solid congressional contacts. He is on a retainer for $3,000 a month with restrictions (essentially a cap). He has a separate contract with their utilities for $2,000 a month. He responds to both administrative and city council directives. Anaheim uses a method similar to the League's in identifying issues every year. Input is received from every department each year when coming up with a legislative program while maintaining latitude for changes which occur. Del is not a lobbyist that provides a lot of reports. He is more a results-oriented lobbyist. He provides monthly reports on what he is doing. His job is to influence congressional members, and he has done a great job. "Don't expect Harvard MBA rubbish." He has dealt well with all their councilmembers over the years. In 1991 he was instrumental in their receiving $14.8 million in federal funds relating to Interstate 5. Jeffrey Mathieu, the Director of Resources Management for Santa Monica (which includes redevelopment, harbor, housign authority, and real estate), stated that Del has worked for Santa Monica for 5-6 years. He is pleased with Del's work. They have had physical projects which Del has worked on which have resulted in grants, award funding for road construction, harbor construction, EDA, housing and others as well. He recently helped them to receive some affordable housing funds (Department of Housing and Community Development) after they had gotten nowhere with three other lobbying agencies. Jeffrey feels Del's forte is infrastructure. They are pleased with his work when the focus is given and the objectives are clear. Jeff feels retainer by time and materials has been the most successful for the city rather than a flat fee, although the manner in which Del is paid has been changed over the years. Currently, he is paid a flat fee of $750 for general advocacy. He works very little with the council although council sets the directives either on a project-by-project or annual basis. Del is great for making an issue come to the table, making progress on a bill or special legislation, advocacy for a loan. He is not a grant writer and doesn't provide a whole lot of reports. Please let me know if you need me to do further reference checking. (m:1214931) RAND OM December 20, 1993 TO: Jake Wager, Economic Development Director FROM: Vince A. Zaragoza, Principal Planner SUBJECT: STATUS OF CDBG PROJECTS Tl~i'~ memo will serve as an update~o~ ffi~ siatu~ oi: th~ i~61/d~g funded CDBG projects. cApiTAL IMPROVEMENT PROJECTS 1. Bakersfield Senior Center Phase III - Services Building Proiect. Activity has been amended from new construction to acquisition of three buildings containing 4,713 square feet of classroom, office and storage space adjacent to the Bakersfield Senior Center. The Bakersfield Senior Center will operate and own the facility. Project Agreement approved by City Council on 12/15/93. Acquisition to be completed by spring of 1994. Acquisition budget is approximately $110,000. 2. Martin Luther King Jr. Community Center Addition. Construction of a 800 sq. ft. addition was completed on July 14, 1993. Construction cost was approximately $62,000. 3.* · Castro Lane and Lum Avenue Curb & Gutter Project. Installation of approximately 400 linear feet of infill curb and gutter to alleviate localized drainage problems. The. project vdll serve 7 low and moderate income residents. Bid awarded to Rising Sun Construction on May 12, 1993. The project was completed 11/20/93. Consu-uction was $12,892. 4.* ~ixth Street Curb & Gutter Project. Installation of approximately 680 linear feet of infill curb and gutter between "N" and "P" Streets to eliminate flooding problems in the area. This project will serve 8 low and moderate income residents. Due to mis- specifications in the design of the handicapped access ramps, the curb cuts had to be reconstructed. Bid awarded to Rising Sun Construction on May 12, 1993. Construction was $18,276. 5.* Tulare Area Curb & Gutter Proiect. Installation of approximately 2,005 lineal feet of infill curb and gutter to serve a portion of Census Tract 15. This project will improve the drainage of the neighborhood. Bid awarded to Rising Sun Construction on May 12, 1993. Due to mis-specifications in the design of the handicapped access ramps, the curb cuts had to be reconstructed. The project was completed 11/20D3. Construction cost was $96,123. Page 2 Tandy Memo 05/28/93 : (*Note: Total contract award to Rising Sun Construction for the three curb and gutter projects was for $107,000. Total change orders of approximately $17,000 and compaction testing of $3101 brought the total construction to approximately $127,101). 6. Union Avenue Median Landscape Project (PH. I/II) Installation of approximately 23,068 sq. ft. of landscaping in the median between 20th Street and Brundage Lane. This project was delayed due to additional demolition costs for removal of asphalt paving to accommodate the landscaping. A separate agreement with Cal Trans for median asphalt removal was approved by the City Council on April 14, 1993. This budget is approximately $80,000. Removal of median asphalt was completed 11/23/93. The estimated cost to install the landscaping/irrigation is approximately $75,000 of which the County of Kern has agreed to contribute $25,000. The City- County agreement outlining the cost sharing arrangement was approved by the City Council on November 10, of 1993. Construction began 11/27/93. Completion of landscaping is estimated by March, 1994. !i 7. Bakersfield Homeless Center Improvements '" Bethany Services received notification of award of alternate state Emergency Shelter ;I Programs funds in the amount $74,250 to construct addition to women and children !! portion of the dormitory. However, no funds are currently available. Staff will be 11 seeking alternative resources to complete, the project. 8. Dolores Area St. Curb and Gutter Project Installation of approximately 1,830 lineal feet of infill curb and gutter to serve a' portion of Census Tract 15. This project will improve the drainage of the neighborhood. Design for the project is scheduled to be completed in January, 1994. Estimated completion date is April of 1994. Constxuction budget is approximately $68,852. 9. Dobruslo/Drive Area Curb and Gutter Project Installation of approximately 935 lineal feet of infill curb and gutter. This project will alleviate localized drainage problems in the area. Design for the project area is scheduled to be completed in January, 1994. Estimated completion date is April 1994. Construction budget is approximately $34,000. 10. "O" Street Curb and Gutter Project Installation of approximately 100 lineal feet of infill curb and gutter between 38th and 40th Streets. This project will improve the drainage along "O" Street. Design for the project is scheduled to be completed in January, 1994. Estimated completion date is April of 1994. Construction budget is approximately $2500. 11. Panama #10 Area Curb and Gutter and Sump Reconstruction (Phase I) Page 3 Tandy Memo 05/28/93 Expansion of a sump and design of approximately 6,120 lineal feet of curb and gutter (no curb and gutter currently exists in this recently annexed neighborhood). Design is anticipated to begin in December, 1993. Completion of design is anticipated by March, 1994. Construction budget is approximately $30,173. 12. Panama #10 Sewer Proiect (Phase I) Design only of about 4,200 lineal feet of sewer main and approximately 2,100 lineal feet of sewer laterals for the Panama #10 area. Approximately 81 residences will be served. Design is anticipated to begin in February 1994. Design budget is approximately $25,500. Construction funds for this project are anticipated in a later funding year. 13. Ralston Cul-de-Sac Design and construction of a cul-de-sac on Ralston Street at:its intersection with Lakeview Avenue (part of the City's Looking Good Neighborhood program for the Lakeview area). The activity will benefit approximately 50 residences by creating a more aesthetic and safer street Design is scheduled to begin in January, 1994 with construction completion by summer of 1994. Construction budget is approximately $23,173. 14. Union Avenue Annexation #10 Street Lighting Proiect Installation of approximately 30 street lights in Union Avenue #10 Annexation area (along Union Ave. between California Ave. & Belle Terrace). LAFCO annexation hearings are anticipated to take place by early 1994. Union Avenue is the primary gateway to the low and moderate income residential area to be annexed. Project implementation subject to approval of annexation. Street light budget is approximately $30,100. 15. Union Avenue Street Lighting Proiect Installation of approximately 14 street light poles in the street median to illuminate the west side of Union Ave. from 1 lth Street to Brundage Lane. Design will start after the completion of the Union Avenue Median Landscaping project. Completion is estimated by April 1994. Street light budget is $33,979. 16. Architectural Barrier Removal Program - Parks Installation of handicap (ADA) improvements in eleven City parks to provide greater mobility to handicapped citizens. Implementation is underway with completion by March, 1994. Budget is $33,173. 17. Architectural Barrier Removal Progra__m - Public Buildings Page 4 Tandy Memo 05/28/93 Installation of handicap (ADA) improvements in the Bakersfield Convention Center to provide greater mobility to handicapped citizens who use the facility. Implementation is underway with completion by April 1994. Budget is $36,823. NON-PROFIT PROJECTS Community Development Staff is assisting various non-profit organizations in msidng certain improvements to their facilities. Those projects are as follows: 1. Friendship House Community Center Sport Complex. Constxuction of a 400 sq. ft. restroom and installation of security fencing, outdoor lighting and landscaping improvements for their facilities located at 2424 Cottonwood Road. The completion date was September 10, 1993. Construction budget was $215,000. 'Project to be closed out. 2. Clinica Sierra Vista Medical Facility. Acquisition assistance to acquire a 60,000 sq. ft. site for the construction of a 10,000 to 15,000 sq. ft. medical facility at 823 Lakeview Avenue. Acquisition was completed this month - $100,000. Additional request for assistance for real property medical equipment has been budgeted in the CDBG FY 93-94. 3. Living Connections, Inc. (LCI) An agreement is being prepared to award LCI $166,000 in HOME funds to purchase and rehab a property for use as a board and care facility for the chronically ill. Expected City Council action is January.12, 1994. NEIGHBORHOOD REVITALIZATION AND HOUSING 1. Graffiti Program Since October, staff has processed 417 work orders. Many have been forwarded to General Serviees for removal. An emphasis has been made this quarter to coordinate citizen graffiti removal paint outs. Graffiti increased during the Thanksgiving holiday. We were experiencing 25-30 calls per day on the hotline. Finally, due to the addition of a paid staff member and two community volunteers, the graffiti back-log is caught up. Proactive neighborhood graffiti removal organization, commercial and residential, is now taking place. 2. First Time Home Buyers Program 77 loans for mortgage assistance have been approved since Julyl, 1993. Three mortgage lenders are currently signed up for the program and two more are pending. If the two pending are approved, we will have a total of five lenders associated with this program. Page 5 Tandy Memo 05/28/93 3. Lakeview Neighborhood Improvement Program. The Lakeview Neighborhood Improvement Program was developed to focus many City programs to impact one street in an effort to stabilize the neighbOrhood. CD staff is currently working with property owners to rehabilitate their units. The Lakeview NeighbOrhood Revitalization Task Force has expanded their efforts to Ralston and Potomac Streets. Clean-up Day and Paint Day were successfully completed with over 200 community volunteers. Good Neighbor Festival was recently held with over 80 organizations and approximately 5000 persons attending. Task Force is meeting this moth to schedule activities for 1994. 4. Vista Volunteer Program The City renewal application for 11 VISTA Volunteers has been sent to Action, the federal funding agency. These volunteers will be working with the following agencies: Bethany Services (1) Kern Linkage (1) Alliance Against Family Violence (1) City Economic and Community Development (3) Clinica Sierra Vista Homeless Medical Program (1) Kern Food Bank (1) Kern County Department of Human Services (1) Kern County Fair Housing (1) Living Connections, Inc. (1) 5. Multi-family and Single Rehabilitation Projects An award of $140,000 was made for a multi-family rehabilitation project on I500 - 1512 Gorrill Street. The project consists of 16 units. Construction is 50% complete. In addition, a $60,000 contract was awarded to Sandlin Construction for a multi-family rehab project (5 units) at 1304 Monterey St. To be completed by December 30, 1993. To date approximately 8 single family rehab projects have been completed in various city neighborhoods. Five rehab projects will begin in January, 1994. 6. Home Accessibility Pro,am Approximately 34 home access grants have been approved for persons with home accessibility problems. 7. URM Incentive Program Three workshops were recently held for owners of unreinforced masonry (URM) buildings. The workshops, mandatory requirement for participation in the incentive program, outlined the incentive program, compliance with seismic safety standards, and demolition waste management. The program is being implemented by this Page 6 Tandy Memo 05/28/93 department and funded with $270,000 of CDBG funds from three FY94 CDBG acitivities. Of the approximately 175 properties designated URM, 62 owners representing over 50 properties attended the workshops. Eligible participants are now required to provide a workplan in order to qualify up to $5,000 reimbursement per ~' building. xc: George Gonzales, CD Coordinator Im:vog/oc,8/~TATU$$..MI~M Cox Cable Bakersfield A Subsidiary of 820 22nd Street Cox Communications, Inc. Bakersfield, CA 93301 Cox Cable Bakersfield December 20, 1993 Mr. Alan Tandy City Manager 1501 Truxtun Avenue Bakersfield, California 93301 Dear Alan: Effective January 15, 1994, Cox Cable is lowering its rates. Expanded Basic Cable will decrease $ 1.00. [The Disney Channel still comes with Expanded Basic Cable at no extra charge.] The price of remote control will be reduced by $ 1.25. Additional outlets are now free with Basic cable. In addition, Music Choice, our digital audio service, is being slashed by $6.00. We are lowering our rates in order to be more competitive in this sagging economy and to thank our loyal customers for allowing us to serve them in the community for 28 years. The average Cox Cable bill will decrease more than $2.00/month with many customers seeing reductions of more than $5.00. I have enclosed a rate comparison for your information, along with some other updated facts about the company. As always, please feel free to call me if you have any questions or need more information. Happy Holidays, Jill Campbell Vice President/ General Manager COX CABLE BAKERSFIELD CURRENT RATES AND NEW SAVINGS Current New Rate Rate Savin.qs Broadcast Basic $7.95 $ 6.95 < $ '1.00 > Limited Basic $8.00 $ 8.00 Expanded Basic $6.50 $ 6.50 Complete Basic $22.45 $2'1.45 <$'1.00> Remote Control-Basic Only $4.00 $2.75 < $ '1.25 > [free with any premium package or addressable converter] Additional Outlet Service $4.75/all no charge <$4.75> outlets Addressable Converters $4.75/ail $3.75/each <$'1.00> 'lst With Remote Control outlets additional outlet Music Choice $'10.95 $4.95 < $6,00 > Ia la carte] FM Service no charge no charge COX CABLE BAKERSFIELD CUSTOMER SERVICE STANDARDS CUSTOMER SERVICE STANDARDS 1993 PERFORMANCE 1. Quality Reception and Reliability * No picture rated a 4 or 5 , 100% * The average rating of all channels at each test point is to be 98% equal to or better than 2.5 rating * Minimum plant performance standards 100% * The average annual customer outage hours per basic 0.3 customers (OH/B) to be less than 2.5 hours * The customer's reliability threshold to be at 50% or higher 71.4% 2. Phone Accommodation * 25 second average speed of answer (ASA) 29 seconds * 5% or less abandonment rate , 5% 3. Front Counter Accommodation * Customer service delay less than or equal to 2 minute 19 seconds average before being waited on. Maximum delay not to exceed 8 minutes for any customer. 4. Installation Service , * 90% completion of installation work orders 90% * 90% favorable rating on installation convenience 96.4% * 90% of installation appointments kept 97.2% * Average number of days to complete installs to be less than Meeting or equal to three (3) working dayS Standard 5. Repair Service * 80% of all service repair calls cleared same day 85.3% * 95% of all service repair calls cleared by end of following Meeting day. , Standard PLANNING & DEVELOPMENT SERVICES DEPT. c:, F~ESOURCE MANAGEMENT AGENCY 'vi JOEL EINRICHS, AGENCY DIRECTOR TED JAMES, AICP, Director ,~~, ~ -~ 2700 "M" STREET, SUITE 100 .~, o~, ~ Air Pollution Control District 3 ~', ~ Engineering & Survey Services Department BAKERSFIELD, CA 93301 ~"~'" ;';' ~'~ ~t~?lanning & Development Services Department '~~~2~ Transportation Management Deparlment FAX: (805) 861-2061 %~? Waste Management Department December 15, 1993 The Honorable Bruce Babbitt Secretary of the Interior 1849 "C" Street, N.W. Washington, D.C. 20240 RE: Metropolitan Bakersfield Habitat Conservation Plan Section 10(a) Permit Application Dear Mr. Babbitt: The purpose of this correspondence is to apprise you of the real world problems of implementing the Endangered Species Act as experienced by the City of Bakersfield and Kern County in attempting to process a Federal Endangered Species Act Section 10(a) Permit application through the U.S. Fish and Wildlife Service (USFWS). ' Back in 1987, the City of Bakersfield and Kern County initiated a joint program to prepare the Metropolitan Bakersfield Habitat Conservation Plan (MBHCP). Having been encouraged by the Fish and Wildlife Service, the City and' County undertook the preparation of the MBHCP to comply with state and federal endangered species laws as a part of our General Plan tbr future metropolitan growth and also in an effort to responsibly devise a proactive approach to address state and federal endangered species laws. The MBHCP is a progressive multi-species conservation program that is designed to mitigate the impacts of urban growth on federally and state protected plant and animal species within the 408 square mile Metropolitan Bakersfield 2010 General Plan area. The goal of the program is to acquire, preserve and enha~nce native habitats which support endangered and threatened species, while allowing urban develoPment to proceed in accordance with a dependable conservation mechanism. This program will remove the necessity of individual applicants having to address endangered species impacts and; mitigation on a case-by-case basis. The City and County staff have worked closely with a steering committee made up of representatives from local government, state and federal resource agencies, conservation groups and the building and construction industry. The MBHC~P is the culmination'of six years of meetings and negotiations. Countless hours and substantial local expense went into the development of this program which involved the active participation of the Sacramento Field December 15, 1993 Page 2 -~ Office of. the~U.S. Fish and Wildlife Service. The following chronology provides an overview of the extent of review, rewrite and discussion which involved the active participation of USFWS staff: · July, 1987-August, 1990 18 Steering Committee meetings were. conducted with U.S. Fish and Wildlife Service staff in attendance and providing guidance. August, 1990 Steering Committee which included USFWS representation approved the MBHCP tbr public distribution and review.. July, 1991 Regional USFWS staff indicated support for the MBHCP at a meeting in Portland. August, 1991-November, i992 Nine meetings were held in Sacramento to resolve issues with the California Department of Fish and Game (CDFG). USFWS staff were present at several of these meetings. August, 1991-August, 1993 Eleven draft Implementing Agreements were distributed for review and comment by CDFG and USFWS. Following this arduous review process with state and federal wildlife agencies, the MBHCP was jointly approved by the Bakersfield City Council and the Kern C°unty Board of Supervisors for submittal to the state and federal wildlife agencies. The State Section 2081 Management Permit has also been approved by the California Department of Fish and Game. The federal Section 10(a) Permit application for the MBHCP was submitted to the Regional U.S. Fish and Wildlife Service Office on August 27, 1993. Unfortunately, it is our perception that little progress has been made in moving this important application forward in Portlandf. It is also our 'observation that the Regional U.S. Fish and Wildlife Service staff is going through a redundant and unnecessary review process that has already occurred with the Sacramento Field Office. December 15, 1993 Page 3 The aforementioned chronology demonstrates that the Sacramento Field Office was closely involved in program development for six years. The Sacramento. staff expressed in .correspondence dated July 8, 1991, that "the final pl.~n appears. [0 address all of the ele!nen[s ........ required of conservation plans pursuant to 50 CFR Government Code 17.22(b)(1)(iii)." In July, 1991, City and County representatives met with u.s. Fish and Wildlife Service staff including the Regional Director in Portland, Oregon, where the program was well received. Subsequent comments received by the City and the County from the Sacramento Field Office dated November 20, 1992. included comments from both the Sacramento and Portland regional staff. Recent comments from the Sacramento staff prepatory to submitting the Section 10(a) Permit application implied the acceptability of the program and a desire to expeditiously process the 1.O(a) Permit. In light of all the involvement and close coordination with the Sacramento staff, and our understanding that the Portland regional staff was being kept apprised of the program direction, we were quite disturbed to recently learn that the Portland Regional Office Of the U.S. Fish and Wildlife Service submitted 68 comments to the Sacramento Field Office (see attachmer/t). While some of the comments are general in nature, many of the comments express concern for the multi-species conservation approach which is the basic premise that underlies the MBHCP. So great is our frustration over the apparent lack of progress in obtaining final approval of the MBHCP that we are unable to express it in Writing. All the elements of the MBHCP and Implementing Agreement were worked out in lengthy and painstaking discussions with the state and federal wildlife agencies. The U.S. Fish and Wildlife Service representative to.our program played a lead role in the development of the HCP and Implementing Agreement. We were assured throughout the lengthy process of the development of the Implementing Agreement that appropriate levels of the U.S. Fish and Wildlife Service were being kept informed and that the program would be in a position to obtain expeditious final approval. Over a three year period, literally every line of the Implementation 'Agreement was worked out in detailed discussions in Sacramento involving the State Department of'Fish and Game and the U.S. Fish and Wildlife Service. The countless hours of negotiations and the significant consensus built locally among induStry, environmental and public groups to develop a workable conservation strategy is now being held hostage by a review process being undertaken by the Portland Regional Office. We are frustrated at the lack of progress that has been made to move such a significant multi-species conservation program forward. For example, to our knowledge, the Federal Register notice has not yet been publi.shed, despite the fact that the application materials include a completed Federal Register notice form that was intended'to assist the U.S. Fish and Wildlife Service in this regard. The status of the MBHCP approval process has become another example of the problems citizens and local agencies encounter with the process of developing conservation December 15, 1993 Page 4 programs in response to state and federal endanggred species laws. Unless the' resource agencies can demonstrate their commitment to facilitate the development of locally acceptable programs which are consistent with the intent of the Endangered Species .Act, landowners, local agencies and conservation groups will be reluctant to commit the time and resources that are presently required to undertake the tedious negotiations and redundant review procedures that characterize the current state and federal process. We wOuld appreciate very much your assistance in moving the U.S. Fish and Wildlife Service review process forward. If you or your staff have any questions concerning this matter, please contact either Ted James, Kern County Planning Director, or Jack Hardisty, City of Bakersfield Planning Director at (805) 861-2099 and (805),326-3733 respectively. Very truly yours, TED JAMtE~,~ttlCP,_Director ~K~ARDIsTY,~~or Planning '~velopment'Services J Bakersfield City Pl/t"nning Department ' TJ:jb c: ted cc Representative Bill Thomas Representative Calvin Dooley Kern County Board of Supervisors ; Mayor and Bakersfield City Council Members County Administration Office , Alan Tandy, City Manager County Counsel Building Industry Association of Kern County Resource Management Agency Director SACRAMENTO, CA 94249-0001 ~ AGRICULTURE (916) 445-8498 f ~ ~, RULES DISTRICT OFFICES: .... >,~ ( ;z~ WATER. PARKS. AND WlLDEFE ~ , ~., ~..I ~ HEALTH [] 100 W. COLUMBUS STREET SUITE 201 BAKERSFIELD, CA 93301 (805) 324-3300 ;" ~. [] 821 WEST MORTON AVENUE,#C PORTERVILLE. CA 93257 (209) 783-8152 December. 9, 1993 Mr. Alan Tandy, City Mana§er City of Bakersfield 1501. Truxtun Avenue Bakersfield, CA 93301 ........ Dear Mr. 'Tandy: Thank you for your interest in the state's efforts to improve the costly workers' compensation system. Now that the Legislature has adjourned session for the year, I would like to let you know the final results of the Legislature's efforts to reform the workers' compensation system. This year I enthusiastically supported legislation which will raise the standard for stress claims and disallow post-termination claims, except under certain unusual conditions. This will eliminate a significant number of these claims, as well as some employer frustration. The Legislature also established restr'aints on medical-legalevaluations, vocational rehabilitation p!~ns and counselors, and incentives for employers to provide modified o~ alternative'worki· ". While' these changes signal a move in'the right direction, it"s'still just a small step on the long road to reducing the imbalance between employer costs and employee benefits. Reforms passed this year fell short as they were premised on immediate guaranteed employee benefit increases with the rest of the savings to go to employers. California employers can only hope that the predicted reductio~ of workers' compensation costs by approximately $1.5 billion materializes so they too can benefit from these reforms. Substantial reforms still, require, action %f California's businesses are to remain competitive and profitable. Among other things, we must continue to insist that the injury be specific and serious, and that workplace conditions be the "predominant cause" of the injury. Without "predominant cause" for all workplace injuries, fraud, waste, and inadequate benefits will prevail in our system. In addition, the Legislature needs to respond to employers' frustration with the flexibility of the formula used to calculate the experience modification rate. As you know, California was hit by the recession in 3uly 1990 and has yet to recover.. Therefore, you may be assured that in the spirit of my comprehensive workers.' compensation bill, AB 1440, I will continue to challenge the status quo and work to deliver additional legitimate and substantial workers' compensation reform. TRICE HARVEY Assemblyman, Thirty-second District Printed on Rgcycled Paper B A.K E R S F I E L D MEMORANDUM December'8, 1993 " TO: ALAN TANDY, CITY MANAGER ~i FROM: OFFICE OF RISK MANAGEMENT ': SUBJECT: CLAIMS ACTIVITY REPORT FOR THE MONTH OF NOVEMBER 1993 The claims activity during the month of November 1993 was a result of actions in the following City Departments/Divisions: NEW DEPARTMENT/DIVISION CLAIMS FILED FILES CLOSED COMPLAINTS FILED Police 7 2 1 Parks 2 1 0 Streets 2 I 0 Sanitation 1 0 0 Engineering I 0 0 Water 0 0 0 1,3 4 1 The new claims filed during the month of November 1993 resulted in the following types of damages: CITY THIRD PARTY DAMAGES DEPARTMENT/DIVISION VEHICLE INVOLVED VEHICLE DAMAGE OTHER PROPERTY INJURIES Police 1 1 3 1 Parks 0 2 0 0 Streets 0 2 0 0 Sanitation I · 0 I 0 Engineering 0 I 0 I 2 6 4 2 As a result of the November activity, the year to date (fiscal) totals are as follows: Claims Filed Claims Filed # of Claims Department/Division in November Year to Date Open @ 11/30/93 Police 7 .26 51 Streets 2 11 22 Sanitation 1 6 10 Parks 2 11 7 Engineering I 1 2 Convention Center 0 2 3 Executive 0 I 2 Fire 0 I 2 General Services 0 0 2 Recreation 0 0 2 Building 0 0 1 Water 0 1 1 Construction 0 0 1 City Attorney 0 1 1 13 60 107 Claims Activity Report - November 1993 Page 3 POLICE Baldemar Gomez, 5009 Corrina Street, DOL: 8/21/93; Claim is for damages allegedly caused when Police Department officers arrested the claimant in the 4600 Block of Wible Road. Joanna and Martin Dimmett, 1611 South "H" Street, DOL: 9/30/93; Claim is for damages allegedly caused by the actions of the Police Department and the Building Department in the 10600 block of White Lane. Doris Ann Hewes, 7100 Arleta Avenu®, DOL: 9/9/93; Claim is for damages allegedly caused when a Police Department vehicle sideswiped claimant's vehicle in the 3200 Block of Pierce Road. Renea Michelle Leathers, 401 Madison Street, DOL: 11/2/93; Claim is for damages allegedly caused when the Police Department impounded claimant's vehicle while parked on Ming Avenue. Michael G. Martini, sr., 4213 McKelvey Court, DOL: 1/27/91; Claim is for damages allegedly caused when the Police Department destroyed claimant's property that was held in a criminal case. Adeline F. Montoya, 1818 W. Potomac, DOL: 10/3/93; Claim is for damages allegedly caused when a car being chased by the Police Department collided with the claimant's fence in the 1800 block of Potomac. Bill Joseph Pilkington, 5104 Stormy Court, DOL: 10/20/93; ~ Claim is for damages allegedly caused when Police Department officers searched a residence owned by the claimant at 3612 "D" Sampson Court. STREETS Stanley R. Antrim, 468 A Avenue, Coronado, CA, DOL: 11/5/93; Claim is for damages allegedly caused by the hazardous condition of a City street at Parkway and "C" Street. Federated Mutual Insurance Company for Sullivan's Petroleum Company, P.O. Box 586, Citrus Heights, CA, DOL: 6/1/93; Claim is for damages allegedly caused when the insured's vehicle was damaged by a City manhole in the alley between Chester Avenue and Eye Street. SANITATION i' 'Timothy Roger Strem, 200 Flower Street, DOL: 10/22/93; Claim is for damages allegedly caused when a Sanitation Division truck struck the claimant's tree and fence at 200 Flower Street. Claims Activity Report - November 1993 Page 4 PARKS Tim J. Overton, 3833 Millay Way, DOL: 10/4/93; Claim is for damages allegedly caused when a branch from a City tree fell onto the claimant's vehicle on White Lane between Pinon Oak Way and Park View. Automobile Club of Southern California for Robert W. Knox, P,O. Box 250001, DOL: 9/4/93; Claim is for damages allegedly caused when a City tree branch fell onto their insured's vehicle on Forrest Street. ENGINEERING iEstate of Splendid Elizondo c/o Miguel Garcla, Esq., 5842 E. Beverly Boulevard, Los Angeles, DOL: 5/29/93; Claimants allege injuries were sustained in a vehicle accident allegedly C;~used by an improperly designed City road in the 11000 block of Stockdale Highway. CLAIMS CLOSED/SETTLED DURING THE MONTH OF NOVEMBER PARKS Budget Rent-a-Car/Nebrida, DOL: 6/3/93; Claim is for damages allegedly caused when a Parks Division vehicle rear ended claimant's vehicle and pushed it into a vehicle ahead of the claimant. City settled case for $8,136.63. STREE*S Amelia Gonzales, DOL: 7/27/93; Claim is for damages allegedly caused when a City sewer line back flowed into claimant's home. City settled case for $3,500. POLICE Doris Hewes, DOL: 9/9/93; Claim is for damages allegedly caused when a Police Department vehicle sideswiped the claimant's vehicle. City settled case for $3,370. Pedro Benitez, DOL: 6/11/93; '. Claim is for damages allegedly caused when a Police Department officer's stray bullet struck claimant's home. City settled case' for $875. Claims Activity Report - November 1993 Page 5 cLAIMS WITH RESULTING COMPLAINT AND/OR SUMMONS FILED DURING THE MONTH OF NOVEMBER 'POLICE John Reed, DOL: 11/14/92; Claimant alleges false arrest and the use of excessive force by officers of the Police Department. cc.' City Council Judy Skousen, Acting City Attorney City Clerk's Office - Natalie Welty Newsmedia File BAKERSFIELD PUBLIC WORKS DEPARTMENT MEMORANDUM TO: Alan Tandy, City Manager~ / ~ FROM: ~ W. Schulz, Public Workg Director~, . DATE: December 22, 1993 SUBJECT: City Council Referral Record# 12710 Development Services Building Cost & Savings This memorandum is in response to a councilmember's request of a breakdown and recap of the actual savings from. the Development Services Building project. The following is a listing of the various expenditure categories incurred for improvements made at the Development Services Building and identified savings on the project: AMOUNT BUDGETED FOR PROJECT $ 900,000 INTERIOR BUILDING REMODEL MATERIALS AND SUPPLIES $ 92,100 OFFICE EQUIPMENT/FURNITURE/CARPETING $ 258,900 HEATING/AIR CONDITIONING/RESTROOMS $ 91,200 ELEVATOR INSTALLATION $162,900 TELECOMMuNIcATIONS EQUIPMENT $ 70,900 DATA PROCESSING EQUIPMENT $ 61,800 ROOF REPAIRS/EXTERIOR IMPROVEMENTS $ 66~100 TOTAL EXPENDITURES - DEVELOPMENT SERVICES BUILDING $ 803,900* BALANCE REMAINING $ 96,100 SAVINGS APPROPRIATED FOR CITY HALL ANNEX BUILDING INrI~RIOR REMODEL $ 60,000 REMAINING UNEXPENDED SAVINGS $ 36,100 * Total includes anticipated costs to complete all floors of the Development Services Building. ITEM: RECORD# 12710 Transfer $60,000 savings from, the Development Services Building project to the Public Works Capital Improvements Budget in the capital Outlay Fund for Ci:ty Hall Annex Building. improvements. ACTION TAKEN BY COUNCIL: i - APPROVED. AB: PS. BRUNNI REQUESTED STAFF PROVIDE ., A BREAKDOWN AND RECAPOF THE ACTUAL SAVINGS. BACKUP MATERIAL ATTACHED: DATE FORWARDED BY CITY CLERK: 12/03/93 NOTE:. STATUS CHANGES ARE TO BE-ENTERED FOR EACH REFERRAL AT LEAST ONCE A MONTH EVEN IF~NO ACTION HAS BEEN TAKEN! ~D 64-2759 MEMORANDUM December 21, 1993 TO ALAN TANDY, CITY MANAGER FROM STEVE BRUMMER, CHIEF OF POLICE ,, SUBJECT DETENTION TRAILER Please find attached a memorandum recommending termination of the Detention Trailer project. It is apparent that a myriad of state regulatory agencies must accept the design and specification of the trailer. The cost will undoubtedly become prohibitive, therefore, I recommend termination of the project. Our current transportation program is working satisfactorily and can continue without the addition of the trailer. SEB/vrf cc: John Stinson ~! Darlene Wisham DARTTERM. MEM 64-2759 MEMORANDUM December 13, 1993 lO S.E. Brummer, Chief of Police A~ Lieutenant R. A. Greagrey, Planning, Research & Training ,~ FROM SUBJECT Recommendation for Termination of Detention Trailer Project The plans completed by the Planning Department have been reviewed for the first time by the Board of Corrections Representative, Ken Ventura. Mr. Ventura noted the fact that several changes would have to be made to meet the Board of Corrections standards. Additionally, other observations were made by Mr. Ventura regarding the "uniqueness" of this concept. Mr. Ventura said he would recommend the project director, the facility architect, and a staff member meet with a review committee as soon as the plans are received~from the State Fire Marshall's review. He believed, because of the "uniqueness" of the project, a presentation of the proposed project to the entire Board of Corrections would have to be made for approval of the project. It is my opinion, because of the changes regulated by the State Board of Corrections and State Fire Marshall's Office, this project will more than double the original cost estimate. Recommend this project be terminated.