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Home My WebLink About07/02/2009 X�L 0 � B A K E R S F I E L D CITY MANAGER'S OFFICE MEMORANDUM July 2, 2009 TO: Honorable Mayor and City Counc' FROM: Alan Tandy, City Manager SUBJECT: General Information GOOD NEWS! ♦ Congratulations are in order to Donna Kunz, Rhonda Barnhard and the EDCD staff! This week we were awarded a $10.8 million dollar Infill Infrastructure Grant from the State Department of Housing and Community Development. The grant is in connection with the Mill Creek project and will pay for Street work in the area of 131h, 14th, R and S Streets, the 20th Street garage/senior housing project, 17th Street Plaza improvements, Sister City Gardens in Central Park and Q Streetscape improvements. It is a State bond funding source. The bonds are already sold; and assuming a State budget is adopted, the money may be available in October! Yes it is odd to receive a grant from a State government that is in fiscal crisis, but if we did not get it, others would. ♦ The California Court of Appeal upheld a decision indicating that the State cannot force interest arbitration upon local governments in relationship to labor disputes. An article is enclosed. ♦ Amtrak recently received funding under the American Recovery and Reinvestment Act (ARRA) of 2009. They plan to use a portion of those funds to construct new wheelchair lifts and enclosures, and improve the platform display sign at our Amtrak Station. MISCELLANEOUS CITY NEWS Please remember the Special Council meeting on Tuesday, July 71h at noon to discuss Traffic Impact Fees. The County held a groundbreaking ceremony for the 7th Standard Road Widening project on Wednesday. The Fairfax/178 ribbon cutting is coming up on Tuesday, July 210 at 10:30, and, at some point in August, we will see the ground breaking of the Westside Parkway. We anticipate that the grand opening of the long-awaited Maya Cinema will take place during the second week in July. When there is specific information, we will pass it along. Honorable Mayor and City Council July 2, 2009 Page 2 Here is a status update of the roadway paving projects: Oak Street, Brundage to Truxtun • Grinding and paving operations are underway this week and will continue through the middle of next week. These operations require extensive lane closures and some traffic delays will occur in the area. As such, alternative routes should be used if possible. This project is on schedule for completion on September 11, 2009. White Lane - Wible to Dovewood • Parking pocket construction and other concrete work is underway and will continue for the next two weeks. This project is on schedule for completion on September 23, 2009. New Stine Road - Mina to Wilson • Paving operations have been completed and the raising of manholes and monuments to the new paving grade are scheduled to begin next week. This project is on schedule for completion on September 11, 2009. Pacheco Road - New Stine to Akers • Construction has not yet started on Pacheco Road. The contractor is currently working on the proper mix design for the Full Depth Reclamation process. Once this mix design is complete and approved, construction operations will begin. This project is still on schedule for completion on September 1 ], 2009. Stockdale Highway - California to Weatherly and Country Club Lane to Akers Road • The preconstruction meeting with the contractor and we are waiting for the contractor to give us the actual start date for the project. It should be noted that this project will require the closure of the intersection at White Lane and Gosford Road for one weekend only. All of the work to reconstruct this intersection will be done on a Saturday or Sunday with detours in place for the traveling public. Once the date of this closure is established, signs will be installed notifying the public of the closure dates. The scheduled completion date of this project is February 10, 2010. White Lane - Gosford Road to Ashe Road • The preconstruction meeting with the contractor and we are waiting for the contractor to give us the actual start date for the project; however, we anticipate that construction will begin in about one to two weeks. The scheduled completion date of this project is October 6, 2009. The Streets Division work schedule for the week of July 6th is enclosed. -� Also enclosed is the annual Kern River Report for 2008. -� I will be out next Thursday (July 9th) and Friday (July 10th). John Stinson will be in charge in my absence. Honorable Mayor and City Council July 2, 2009 Page 3 MORE ON THE BUDGET AND THE ECONOMY ■ Governor Schwarzenegger is calling for creation of a two-tier system of retirement benefits for state workers hired July 1, 2009 and beyond. One example is to modify non-safety retirement from 2% at 55 to 2% at 60. Although this would not save money in the short-term, it could potentially ease fiscal pressures in future years. An article from the Sacramento Bee is enclosed. • As this goes to print, the State legislature is still in gridlock over the budget and IOU's are apparently being issued. We will find out the impact on us later! • The Board of Supervisors heard a proposal by Sheriff Youngblood on Tuesday to layoff between 45 and 93 detention deputies and 15 civilian employees. Supervisors voted to continue the discussions next week. RESPONSES TO COUNCIL REQUESTS Councilmember Benham • Reduction in Paper Distribution. Councilmember Sullivan • Vacant House with a Pool. AT:al cc: Department Heads Pamela McCarthy, City Clerk Roberta Gafford, Assistant City Clerk AW ALM CALPELRA... .. . moving forward Court Of Appeal Re*ects Interest Arbitration For Safety Personnel By William F. Kay he California Court of Appeal supported Sonoma County's claim that the recently amended interest arbitration statute intruded upon the county's constitutional authority to establish terms and conditions of employment.' The Court found the Legislature's latest version of mandated public safety interest arbitration did not cure the unconstitutional status' of the prior statute (Senate Bill 402, 1999-2000 Reg. Sess.). Readers may remember that in 2000,the California Legislature enacted mandatory interest arbitration (Senate Bill 402) for all local safety employees who reached impasse in meet and confer under the Meyers-Milias-Brown Act (MMBA). The California Supreme Court struck down that statute on the basis that the Legislature could not enact a law that deprived a local agency's constitutional authority to set compensation for its employees. In response, the Legislature enacted the same statute but with a provision allowing a local agency's governing body to reject by unanimous vote an interest arbitration panel's decision (Senate Bill 440, 2003-2004 Reg.Sess.). This legislative"cure" became the source of the Sonoma County dispute. In June 2007, when the Sonoma County Law Enforcement Association declared impasse and demanded interest arbitration,Sonoma County refused to proceed,claiming that state mandated interest arbitration was unconstitutional because it impaired the county's ability I County of Sonoma v.Superior Court of Sonoma County(Sonoma County Law Enforcement Association) (2009) (April 24,2009,A122450)_Cal.App.4th— 2 County of Riverside v.Superior Court (2003) 30 CalAth 278. California Public Employer Labor Relations Association CALPELRA is affiliated with NPELRA (National Public Employer Labor Relations Association) — April 27 , 2009 , Issue No . 09 - 03 — • s to set the terms and conditions for its employees. The union sought court enforcement of its right to submit the unresolved dispute to interest arbitration under the revised statute, Senate Bill 440. The Court of Appeal rejected the union's demand to arbitrate the negotiations impasse. First, the Court of Appeal determined that an interest arbitration panel's function is effectively legislative, because the arbitrators are fashioning new contractual obligations. Because establishing wages for the employees is a legislative function of the local governing body,the Court further reasoned that Senate Bill 440 impermissibly intruded on that function. Next, the Court addressed whether Senate Bill 440's provision — allowing the rejection of the arbitration panel's decision by a unanimous vote of the governing body— impaired a local agency's right to set local wages. The Court agreed with Sonoma County that the unanimous vote requirement amounted to only a veto right over the arbitration panel's decision, and did not preserve the county's authority to set wages. In addition, the Court reasoned that the unanimous vote allowed a minority of the local governing board to set the wages: "[T]he terms of the statute empower a minority of a board of supervisors to make the arbitrators' decision binding on the county,even if the majority of that body disagrees.... [T]he setting of employee compensation is a legislative act that is part of the governing body's budgetary process. Thus, the statute purports to authorize the adoption of a legislative act — and the imposition of binding contractual obligations upon a county and its taxpayers — even if a majority or supermajority of the democratically elected representatives of the people rejects the arbitration panel's decision." The Court concluded that Senate Bill 440 was unconstitutional because it divested a local governing body of the ultimate authority to provide for employee compensation. Finally, the Court of Appeal determined that the Legislature's enactment unlawfully delegated a municipal function to a private body; and also that Senate Bill 440's "cure," allowing a governing body to reject an arbitration panel's decision, did not cure that unlawful delegation. This is a significant victory for all MMBA agencies with public safety employees. We do not know at this time whether the union will appeal the California Court of Appeal's decision. — CALPELRA , April 27 , 2009 , Issue No , 09 - 03 — 2 Page 1 of 2 STREETS DIVISION — WORK SCHEDULE WEEK OF JULY 6, 2009 — JULY 10, 2009 Resurfacing/Reconstructing streets in the following areas: Reconstructing streets in the area between Fairfax Road & Suncrest Drive, north of Panorama Drive. Preparing streets for reconstruction in the area between Valley View Drive & Highland Knolls Drive, west of Fairfax Road. Miscellaneous Streets Division projects: Preparing Kingsley Lane from Castro Lane to the west end for resurfacing. THIS SPACE INTENTIONALLY LEFT BLANK Week of July 62009 Work Schedule.doc Page 2 of 2 STREETS SWEEPING SCHEDULE Monday, July 6, 2009 Between Golden State & 16th St. - "F" St. & Oak St. /Kern River boundary Between 34th St. & 301h St. — Chester Ave. & San Dimas St. Between San Dimas St. & Beale Ave. — 34th/Bernard St. & Niles St. Between Olive Dr. & Riverlakes Dr. (ext.) — Riverlakes Dr. & Coffee Rd. Tuesdav, July 7, 2009 Between California Ave. & Brundage Ln. — Oak St. & Union Ave. Between Renfro Rd. & Jenkins Rd. — Stockdale Hwy. & Kern River boundary. Wednesday, July 8, 2009 City areas between Brundage Ln. & Ming Ave. — So. "H" St. & Union Ave. City areas between Wilson Rd. & Pacheco Rd. — So. "H" St. & Union Ave Between Casa Loma Dr. & Planz Rd. — Madison Ave. & Cottonwood Dr. Between Planz Rd. & Brook St. — Madison Ave. & Hale St. Thursday, July 9, 2009 Between Carr St. & California Ave. — Mohawk St. & Stockdale Hwy. Between Stockdale Hwy. & Marella Way— California Ave. & Montclair St. Between La Mirada Dr. & Chester Ln. — Montclair St. & No. Stine Rd. Between California Ave. (ext.) & Stockdale Hwy. — No. Stine Rd. & 99 Hwy. Between Stockdale Hwy. & Ming Ave. — New Stine Rd. & Ashe Rd. Between Mountain Ridge Dr. & Ashe Rd. — Taft Hwy. & Berkshire Rd. Friday, July 10, 2009 Between Ming Ave. & White Ln. — Buena Vista Rd. & Old River Rd. Between Stine Rd. & 99 Hwy. — Ming Avenue & Adidas. Between Panama Ln. & Birkshire Rd. — Gosford Rd. & Stine Rd. Week of July 6_2009_Work Schedule.doc B A K E R S F I E L D MEMORANDUM July 1, 2009 TO: Alan Tandy, City Manager FROM: Florn Core, Water Resources Manager SUBJECT: 2008 KERN RIVER REPORT Attached for your information and reference are copies of the"2008 KERN RIVER ANNUAL REPORT"for distribution to the Honorable Mayor and City Councilmembers. The annual hydrographic report was first produced beginning in 1953 by the Kern County Land Company. The City Water Resources Department has, since 1977, carried forward the tradition of continuous and precise flow data on Kern River. In addition to an extensive "historical data"section covering both Kern River and Lake Isabella, the 2008 report includes an executive summary of Kern River operations for quick reference that can be found on pages 21- 24. The attached 32nd edition of the Kern River Report includes a number of photographs taken by John Ryan, Engineering Technician with the Water Resources Department. The front cover features the Kern River as it flows through the picturesque Kern River Canyon on its journey from Isabella Reservoir to the Bakersfield area. On the back cover, a beautiful spring day serves as backdrop for the Central Park fountains at the newly created Kern Island at Mill Creek. As always, our office will gladly answer any questions regarding the flow data and other information contained in the 2008 annual report. Attachment Schwarzenegger calls for two-tier state pension system - Sacramento Politics - California Politics I Sacr... Page 1 of 2 This story is taken from Sacbee/ Capitol and California/ State Politics Schwarzenegger calls for two-tier state pension system jsanders @sacbee.com Published Tuesday, Jun. 30, 2009 California public employee unions already reeling from pay cuts have been dealt a new blow by Gov. Arnold Schwarzenegger- a push to lower pension and retiree health care benefits for state workers hired after today. Schwarzenegger's call for creation of a two-tier system of retiree benefits was part of a package of proposals submitted to Democratic leaders Saturday in tense negotiations over the state's $24.3 billion shortfall. The plan would not affect existing state employees. The governor previously had imposed about a 9 percent pay cut on state workers by requiring two unpaid furlough days per month. Last week he threatened to add a third furlough day unless a budget deal was struck immediately. "Attacking hard-earned pensions, on top of a pay cut, does not solve the crisis," said Yvonne Walker, president of Service Employees International Union Local 1000. "The governor should go after larger dollars that will make an impact now, by closing corporate tax loopholes and putting a stop to $34 billion in wasteful vendor contracts," Walker said in a written statement. Senate President Pro Tern Darrell Steinberg said he is willing to consider pension changes but will not be ramrodded by the governor. "The entire issue of pension reform deserves real consideration in the Legislature, but it's not right to jam it into a budget agreement in (the final) hours," Steinberg said. Aaron McLear, Schwarzenegger's spokesman, said the pension and retiree health care proposals for future state workers were necessitated by Democrats' rejection of about$5 billion in program cuts sought by the governor. "What the Democrats have said up to this point is, 'We don't want to eliminate (some programs targeted by Schwarzenegger), and we don't want to make them run more efficiently - what we want to do is raise taxes to pay for them.' And that's unacceptable," McLear said. Although the two-tier pension proposal would not save much money in the coming fiscal year, McLear said it is relevant to current budget negotiations because it could ease fiscal pressures potentially created in coming years by Democrats' failure to cut deeply enough into operational costs now. Specifically, Schwarzenegger's retiree proposals for future state workers would: • Alter the pension formula to ensure lower benefits or longer public service. For example, most state workers who are not public safety employees now may retire at age 55 with a pension totaling 2 percent of their salary multiplied by number of years worked. The new formula would pay that benefit at age 60. • Compute pensions for peace officers, firefighters and highway patrol officers based on the highest three years of compensation http'//www.sacbee.com/politics/v-print/story/1987929.htm1 6/30/2009 Schwarzenegger calls for two-tier state pension system - Sacramento Politics - California Politics I Sacr... Page 2 of 2 earned, rather than the highest single year. • Provide lifetime health care benefits only for retirees who have worked 25 years. Currently, the state pays 50 percent of retiree health insurance costs for employees with 10 years of service. The percentage rises 5 percent annually, to 100 percent for 20-year employees. • Lower the state's contribution for retiree health care benefits from 100 percent of the average HMO premium to an amount that matches the contribution for active state employees -generally 85 percent of the insurance premium. David Crane, a special adviser to Schwarzenegger on jobs and economic growth, estimated that the pension and health care proposals for future state employees could save taxpayers about$95 billion over the next 30 years. "We'd still have one of the finest pension systems in the country," he added. Crane said the proposals could free future funds for public programs. Democratic lawmakers have complained in recent weeks that the state's massive budget gap threatens to create gaping holes in the safety net for vulnerable Californians. "I, for the life of me, cannot understand why people who care about the financing of those programs would not say, 'We heartily embrace this (proposal), the sooner the better,' " he said. But Carroll Wills, spokesman for California Professional Firefighters, characterized the two-tier approach as "manifestly unfair." "Essentially what you're talking about at its core is unequal pay for equal work," he said. Crane said the state's current retirement system has an unfunded liability of up to several hundred billion dollars, depending upon future earnings, to finance pension and retiree health care benefits. Keith Richman, a former Republican assemblyman who now leads a nonprofit foundation pushing for state pension reform, said it is unlikely that lawmakers would agree to substantial changes if they are not accomplished in budget talks. "The criticism of Sacramento is that it always kicks the can down the road," he said. ShareThis Call Jim Sanders, Bee Capitol Bureau, (916) 326-5538. http://www.sacbee.COM/PO]itics/v-print/story/I 987929.html 6/30/2009 Another tough budget choice: detention vs. patrol deputies - Bakersfield.com Page 1 of 2 Bake rsf eld.com: Kern County news, events, classifieds, shopping, & search Local News Another tough budget choice: detention vs. patrol deputies BY JAMES BURGER,Californian staff writer iburger @bakersfie1d corn I Monday,Jun 29 2009 05:27 PM Last Updated Monday,Jun 29 2009 05:27 PM Kern County Sheriff Donny Youngblood will ask Kern County supervisors to lay off between 45 and 93 detention deputies and 15 civilian employees Tuesday. If things go well, from Youngblood's perspective, he'll only have to lay off 45 deputies and the civilians. But if supervisors decide to close the minimum security building at Lerdo Jail to balance the sheriff s budget, Youngblood said he will have to lay off another 48 detention deputies. Anthony Leal of the Kern County Detention Officers Association thinks Youngblood has other options than to lay off the 45 detention deputies in the sheriffs downtown jail. Youngblood said he plans to backfill the "blue patch" detention deputy jobs with "red patch" street deputies. Leal said the detention deputies are cheaper and more experienced than their street counterparts. "We have nothing against patrol deputies," Leal said. "We think they should be on the street. Our training is in the jail." Youngblood said the street deputies are the better choice. The cost of putting new deputies in the jail is just about the same as the cost of the detention deputies they will be replacing, he said. Patrol deputies get certification pay and an extra pay grade,Leal argued. Youngblood said detention deputies have a longevity pay that counters the value. But the deciding factor for Youngblood was that,in case of a crisis where he needs to send as many people as he can into the streets, he can pull the "red patch" deputies out of the jail, pair them with another deputy and put them on the street. "I cannot do that with a detention deputy," Youngblood said. Keeping patrol deputies employed is critical to protecting the public in the lean budget years, he argued. "I don't know when the end of the recession is. I have to have the ability to respond to crimes," Youngblood said. http'Hwww.bakersfield.com/news/local/x 1216781864/Another-tough-budget-choice-detention-vs-patrol... 6/30/2009 Another tough budget choice: detention vs. patrol deputies - Bakersfield.com Page 2 of 2 The county has stated that if county unions are willing to make concessions and allow all county employees to pay into their health and retirement benefits,it would mean millions of dollars in savings to the county. Youngblood has said he needs between $5 million and $6.5 million to keep Lerdo minimum open. Leal said union negotiations are not a guaranteed way to prevent closure of Lerdo minimum. Negotiations will not be over quickly enough to impact the budget, he said, and there is no guarantee that the concessions the union would make would be enough to save the jail. And,whether the jail is saved or not, 45 detention deputies will probably lose their jobs Tuesday. Open Calais http://wv.rw.bakersfield.com/news/local/X 1216781864/Another-tough-budget-choice-detention-vs-patrol... 6/30/2009 Supervisors punt on closing jail, funding social services - Bakersfield.com Page 1 of 1 Bakersfield.com: Kern County news, events, classifieds, shopping, & search Local News Supervisors punt on closing jail, funding social services BY JAMES BURGER,Californian staff writer iburger@bakersfield.com I Tuesday,Jun 30 2009 05:47 PM Last Updated Tuesday,Jun 30 2009 05:47 PM Supervisors postponed Tuesday a decision about closure of the minimum security building at Lerdo Jail and funding for the Department of Human Services for one week. Almost two weeks ago,after deciding on every other county department budgets, supervisors set Tuesday as the day to take a stance on the final two. But they flinched in the face of dire impacts to both departments. Sheriff Donny Youngblood asked the board for$4 million to keep the jail building open,prevent the layoff of 48 detention deputies and keep 560 inmates behind bars. Supervisors said they wanted Youngblood and the County Administrative Office to come back and show how other county departments would be affected if the board took between$0 and$4 million from them and spent it on keeping the jail open. Supervisor Don Maben wanted to consider using reserve funds to keep the jail open. Supervisor Michael Rubio said he wanted to save that cash to deal with potential state budget impacts. Detention deputies,meanwhile,raised concerns about Youngblood's plan to replace 45 detention deputies in the downtown jail with sheriffs deputies. Kern County Detention Officers Association President Kevin Dees said he doesn't believe Youngblood when he says he'd rehire the detention deputies after the fiscal crisis ends. Supervisors asked whether grounding the sheriffs helicopters would save the jail or jobs. Youngblood said the helicopters will be even more important to keeping street deputies safe and catching bad guys with the reduced work force. "The air unit is only a small dent in the problem at Lerdo,"Youngblood said. "If closing the air unit could have solved the problems at Lerdo it would have been closed years ago." Supervisors directed him to bring that idea back next week as an option to closing the jail. Open Calais http://www.bakersfield.com/news/local/xl124004582/Supervisors-punt-on-closing jail-funding-social-se... 7/1/2009 L Development Services Department Stanley C. Grady, Director M E M O R A N D U M TO: ALAN TANDY, CITY MANAGER FROM STANLEY C. GRADY, DEVELOPMENT SERVICES DIRECTOR DATE: June 26, 2009 SUBJECT: VACANT HOUSE WITH POOL Council Referral No. 101 (Ward 6) COUNCILMEMBER SULLIVAN REQUESTS THAT STAFF INVESTIGATE THE CONDITION OF A POOL AT A VACANT HOUSE LOCATED AT 6608 MILL CREEK DRIVE, AND CHECK FOR HEALTH AND SAFETY ISSUES. Code Enforcement Officer David Paquette responded to 6608 Mill Creek Drive to investigate the condition of the pool at the vacant residence. Officer Paquette verified the property was vacant and found the pool in the backyard was full of green water that was in the early stages of becoming stagnant. Officer Paquette left a message for the listing agent, Bobby Moreno at 303-4792, advising him of the nuisance at the property and the need for the timely abatement of the nuisance. He also notified Kern County Mosquito Abatement and Vector Control who will check and treat the pool as necessary. A correction notice was mailed to the property owner. If the property owner fails to correct the problem a hearing will be scheduled and the nuisance will be abated pursuant to Code Enforcement's administrative process. / L B A K E R S F I E L D CITY CLERK'S OFFICE MEMORANDUM June 30, 2009 TO: Alan Tandy, City Manager FROM: Pamela A. McCarthy, City Cler ,l a__ SUBJECT: Response to Councilmember Benham's Inquiry Regarding Reduction in Paper Distribution In an effort to reduce paper, numerous changes have been put into place at Councilmember Benham's request. The following synopsis should provide insight into those efforts: Committee Packets Full packets are provided to Committee members only. The Committee Agenda is e-mailed to Mayor and remaining Councilmembers, with a note that we will provide a full copy if requested. Correspondence Any correspondence addressed to the full Council, is opened and scanned to Mayor, Council and staff whenever possible. This includes outside agency agendas and packets, IE: Kern COG, KC Planning Mail addressed to individual Councilmembers is not opened by staff. General Information Full packets are provided to the Mayor and Councilmembers, and to the City Clerk for Public access. The memo is also placed on the City's Web Page. Requests for copies of the attachments are scanned and e-mailed to Department Heads and staff whenever possible. We can provide via e-mail if Council would prefer. However, often the size of the document and attachments creates failed e-mail delivery by the recipient. Memo to Alan Tandy Re: Paper Reduction June 30,2009 Page 2 Liquor License Correspondence Correspondence regarding Public Convenience & Necessity letters approving or denying Liquor Licenses are e-mailed only. Rabobank Event Event notices are no longer printed and are e-mailed to Mayor, Council and Department Heads. PowerPoint Presentations Providing copies of PowerPoint Presentations was eliminated last year. One copy is to be provided to the City Clerk for the permanent record. Copies are provided upon request. However, due to this year's complex Budget, Departments were directed to provide copies of their presentations. This can certainly be eliminated in the future. Budget The bound and printed Budget document is currently provided to the Mayor, Council and Departments. The budget is online, but we can certainly address reduction in the number of printed copies if Council no longer wishes a bound document. EI R's We tried providing these in disc format two years ago. However, due to legal issues, we were instructed to go back to paper. We can take another look at this with Legal and try and come up with a compromise. What's Next? This matter has been placed on the Department Head Agenda for July 14, 2009, and a copy of this memo will be provided. We will ask each Department Head to share with their Staff, follow the same guidelines noted above and come up with other methods to drastically reduce the amount of paper used within the Organization. Council too may have additional ideas on ways to cut down on paper. We are certainly open to any and all suggestions. :pmc S:\MISC\MCCARTHY\Memos\Benham-Paper Reduction.DOC