HomeMy WebLinkAbout03/11/05 B A K E R S F I E L D
CITY MANAGER'S OFFICE
MEMORANDUM
March 11,2005
TO: Honorable Mayor and City Council
FROM: Alan Tandy, City Manager
SUBJECT: General Information
1. The enclosed graph provided by Water Resources shows the relatively steady
snowpack accumulation on the Kern River watershed during this winter season.
The latest forecast is for 125% of normal runoff during the April to July period.
Even under a worst case scenario of zero precipitation for the remainder of the
season we will still yield a 100% year - a very welcome change from recent years!
2. Water Resources has received the enclosed notification from the California
Department of Conservation that annual inspection and monitoring reports on the
removal of sands and gravels from the Kern River channel are no longer required
to be filed by the City. The preparation of the reports required considerable staff
time in both Water Resources and Planning, plus the payment of fees. The Water
staff did a good job in the research and preparation of a persuasive application to
petition the Conservation Department for the exemption.
3. The enclosed article entitled "Under Pressure", from American City and County
Magazine, refers to a new Governmental Accounting Standards Board (GASB)
Statement # 45, which will impose additional reporting requirements on the City
related to our Retiree Medical program. Currently, the City accounts for the costs
of this program on a "pay as you go" method. The current method simply reports
the cost of the program for the current year as an expense. The new requirement,
which will need to be implemented by the City not later than the 2007-08 fiscal
year, will require an actuarial study be completed every two years and will require
a full reporting of the City's "total future costs" of the Retiree Medical program as
they relate to current employees "accruing" the benefit prior to retirement. This
change in reporting will most likely result in an "unfunded liability", which is
generally frowned upon by rating agencies when the City considers issuing bonds
to fund a large project. The article suggests that governments with collective
bargaining units should pay attention to this issue now, as current benefit
negotiations are likely to affect the calculations for reporting this liability in the
future.
4. A report from Public Works on the effects of the storm that hit last Friday afternoon
is enclosed.
Honorable Mayor and City Council
March 11, 2005
Page 2
5. With the swim season coming soon, SMG ~'
~s assisting us with our marketing
campaign for McMurtrey Aquatic Center in a trade for advertising in the Recreation
and Parks brochure. The first tier will include billboards at various locations,
followed by radio, television, and other print ads. A preview of the billboard sign is
attached. We appreciate SMG's spirit of cooperation in helping us with the
promotion of the aquatic center.
6. Congratulations to Assistant City Manager John W. Stinson, who has reached a
milestone in his public service career - 20 years with the City Manager's Office, as
of February 12th!
7. On Thursday, the House of Representatives overwhelmingly approved the
"highway bill", H.R. 3, the Transportation Equity Act, a six year bill that provides
$284 billion for the federal highway, transit, and highway safety programs. Articles
from the Sacramento Bee and Los Angeles Times are enclosed. The Senate
begins committee consideration next week.
8. Responses to Council requests are enclosed, as follows:
Councilmember Ma.q.qard
· Additional information regarding various concerns from a local property
manager;
Councilmembers Couch and Hanson
· Report on the feasibility of issuing strong penalties for littering, graffiti and
illegal dumping;
Councilmember Hanson
· Update regarding park playground equipment replacement;
· Report from the new Holiday Inn ownership regarding improvement projects
taking place.
AT:rs
cc: Department Heads
Pamela McCarthy, City Clerk
KERN RIVER BASIN SNOWPACK ACCUMULATION
EIGHT SENSOR INDEX
March 7, 2005
40 i i i i
~ ,100% of April 1 Average , ,, ,,
· 20 '
o
, 1000-2004
5 ............ ' -- 6 yr. ^verago Runoff
A-J = 56%
November December January February March April
Snowpack Accumulation Season
CITY OF BAKERSFIELD WA TER RESOURCES DEPARTMENT
ARNOLD $CHWARZENEGGER
GOVERNOR
DEPARTMENT OF CONSERVATION
STATE OF CALIFORNIA
February 22,2005
OFFI'CE OF HZNE
RECLAHATZON
· . . Mr. Mark Lambert, Superintendent
City of Bakersfield Water Resources Department
801 ~, s · R E E ~ 1000 Buena Vista Road ,
SACRAMENTO
c A.,, o R,, A Bakersfield, CA 93311
95814
,. o N E Dear Mr. Lambert:
916/323-9198
.AX RE: Exemption from SMARA Statutes: California Mine ID# 91-15-0078,
916/322-4862 City of Bakersfield Water Resources Project
TDD
9~/32,-25ss Thank you for sending me the engineering design specifications for the
above-referenced site. Your package was received on February 14, 2005.
INTERNET
consrv,ca.gov The Kern River maintenance parameters for annually excavating sediment
recharge were reviewed by the Office of Mine Reclamation.
Based on the data provided, it was determined that this site meets the criteria
for exemption from SMARA statutes as specified by Public Resources Code
2714(a) and (b), and California Code of Regulations Section 3505 (a)(2),
provided that excavations do not exceed the provisions specified in your
stream channel design.
I am returning your engineering design specifications and will close out the file
on this site. In the future, you will not be required to file Mining Operation
Annual Reports or Annual Inspection Reports. The operator you contract with
in order to remove the sediment recharge is at liberty to market the aggregate
offsite.
Feel free to call the following number if you have question: (916) 323-0111.
Sincerely,
Engineering Geologist
Enclosure
By Robert Barkin
U r
ressure
heday of reckoning
for reporting projectedNew accounting
future retiree health
care costs is growing
nearer for municipalities,standards force local
Governments with more
than $100 million ingovernmentsto treat
annual revenues will be
required to implement new Governmenttheir ailing retiree.h
Accounting Standards Board (GASB) ealth
rules for the fiscal year beginning after
Dec. 15,2006. care benefit plans
Two new GASB standards will require
governments to report accrued liabili-
ties for other post-employment benefits employee coverage is 8 percent higher Affordable commitments
(OPEB) similar to the way pension plans for government employers than for all Rochester Hills, Mich., is a subur-
are reported. The new accounting rules, industries, according to the survey, ban community near Detroit of about
which the private sector adopted in Health care also has become govern- 71,000 residents with a strong mayoral
1992, are likely to have a significant ments' fastest growing area of expense, system and 233 full-time employees.
impact on governments' financial out-' According to a 2004 study of govern- Incorporated in 1984, Rochester has
look. Large unfunded liabilities may ment employers by New York-based Fitch not assumed the legacy or risk from tra-
raise the borrowing costs for them, and Ratings, the cost of providing employee ditional pension and retirement health
funding the accruing liabilities will health care increased an average of 14.2 plans, which gives it flexibility that other
increase current budget expenditures, percent per year from 2000 to 2004 vs. municipalities do not enjoy.
(See "New accounting rules may tip over overall annual expenditure growth of 5.5 In fact, the city did not have a post-
the balance sheet," p. 38.) percent and an inflation rate of 2.4 per- retirement health benefit plan for its
Although accounting for any OPEB cent. Also, health insurance costs made employees until 2001, according to
is being required, retiree health ben- up 5.4 percent of the surveyed govern- Pamela Lee, the city's director of human
efits remain the new accounting rules' ments' operating expenses, up from 3.4 resources. Since then, it has been trying
primary focus -- and with good reason, percent in 2000-- a 63 percent increase, to make its benefits more attractive.
Rising health care costs affect state and Longer life expectancies and early retire- The city's post-retirement health ben-
local governments more than private ment incentives are increasing the ben- efit centers around a retirement health
sector employers, according to the efits' duration as well. savings (RHS) plan, which is based ~
Menlo Park, Calif.-based Kaiser Family Given those factors and governments' on an integral part trust that allows its ~
Foundation. A recent foundation survey diminishing ability to increase revenues, employees to save money tax free white z
found that 77 percent of governments municipal officials are seeking a variety they are working, pay no taxes on trust ~
with more than 200 workers offer retiree of solutions to meet the retiree health earnings and pay no taxes when the ~
health care benefits compared with 36 care demand. They are finding that solu- money is used for qualified expens.est ~
percent for all similarly sized employ- tions require creativity, tough decisions The program has evolved over the last ~
· .-4
ers. Additionally, the cost for single and long-term thinking, several years to include an employer con; -<
February 2005 37
tribution as a key feature.
While employees have accepted the
benefit, Lee says that the program is not
what every employee had in mind. Some
were asking for a defined benefit that
would pay for health insurance based on
years of service. "We have to be realis-
tic,'' she says. "Employers have to be able
to control costs,"
In early 2000, the city began evaluat-
ing the best way to provide the prom-
ised benefits at a cost it could afford.
Rochester Hills decided to use a defined
contribution plan, which commits to
the current year's funding, rather than
a defined benefit plan with its promise
of benefits in retirement. The original
defined contribution plan implemented
in 2001 called for a maximum employer
contribution of 4 percent. It includes a
mandatory 3 percent from the employer,
and a 1 percent match based on a
mandato[y employee contribution of
16 hours of annual leave pay (which
amounted to 0.8 percent cofltribution of
pay). All three employee unions agreed
to the plan.
In 2003, the unions were offered more
flexible options in an updated version
of the RHS plan that were eventually · could make additional voluntary con- based on years of service and age.
given to non-union employees. The tributions from earned income or pro- Because the amount is specified and tied
new non-union plan eliminated the spective leave. The qualifying expenses directly to contributions rather than a
mandatory employee requirement and definition was made more flexible for promised level of benefit, it is a more
substituted a 3 percent employer contri- supervisory employees and non-union manageable expense for the city, Lee
bution and a 1 percent employer match employees to include all qualified medi- says. "We recognized that those who
of a voluntary employee contribution cai expenses as defined by the IRS. were already retired or close to retire-
of either earned income or prospective Two other unions stayed with the ment did not have time to build up a
leave. Employees also could phase in original plan. "They would like to see benefit through the retirement health
a plan where they could schedule an a defined benefit," Lee says, "but that is care savings plan," she says.
increase in their contribution closer to unrealistic in the current medical care, While not all of the employees have
retirement. All pre-tax election deci- health care cost arena." She says the the benefit they envisioned, the city feels
sions are irrevocable, unions are pushing for employee benefits it fulfills its commitment to employees
The supervisory employees' union similar to those of other, older communi- at a cost it can afford. Because its basic
negotiated a straight 4 percent employer ties', but she feels that is unlikely, espe- retirement plan also is a defined contri-
contribution, a 1 percent mandatory cially given the new GASB rules, bution plan, the RHS plan continues to
employee contribution with an addi- One concession was made for retired require employees to manage and plan
tional 1 percent employee contribu- employees and those close to retirement, their retirement security. The vesting
tion of available annual leave that was The city gives a defined supplemental schedule also is faster (five years) than a
matched by the employer. The employee sum toward the health care premium traditional defined benefit plan.
With its new plan, the city enters
the GASB era with a balance sheet
unburdened with a legacy of pledged,
but unfunded, retirement health eom-
>_ mitments. It also has a benefit plan to
:~' help recruit new employees. "We now
o have a benefit that will assist our employ-
~ ees with retirement health costs -- and a
~- commitment we can fulfill," Lee says.
< Adapting changes
ua~' Arlington, Texas' employee and retiree
< demographics are extremely different
38 February 2005 www.americancityandcounty.com
from Rocheste} Hills'. With a population . long-term liabilities was completed, and dealing with [it]." Their experiences
of 354,000, the city employs 2,200 full- city staff.considered possible solutions are indicative of the issue's complexity.
time workers. It has an aging workforce, with a consultant. Anderson and the It is a matter of fiscal impact vs. human
including 400 employees who are eligible city manager held group meetings with impact, he says.
to retire today and 400 who will be eli- employees and retirees to discuss the While Arlington's consideration of
gible within five years. Currently, the issue and prepare them for the likeli- benefits is not concluded, its approach
city has over 500 retirees. "The retiree hood of change. Additionally, a newsleto represents sound fiscal management
population is large and getting larger," {er series was created to help regularly and sensitivity to the changes that
says Del Anderson, the city's director of communiCat~ with employees, affect employees and retirees. Arlington
human resources. "There are lots of baby By Jufie,: the council considered appears to be committed to assisting
boomers preparing to retire." proposed 'revisions, which resulted in employees in preparing for increasing
Unions do not represent city employ, several changes, including a voluntary medical expenses in retirement.
ees, but active employee associations movement of older retirees from the In January 2004, the city was among
represent their positions on employee city's plan to an American Association the first government entities in Texas to
Health insurance premium growth Health insurance premium expense
vs. general inflation (annual % change) (as % of total operating expenses)
25
20.8 ~ Premiums ~ Inflation 5.1 5.4
20
' 4.3
15 ~ 3.4
12.0
10.7
10
2
5 1
0 0
2001 2002 2003 2004 2000 2001 2002 2003 2004
SOURCES: "Local Governments Pressilred by Rising Employee Health Care Costs," December 2004, New York-based Fitch Ratings; and Bureau of Labor Statis-
tics' consumer price index for all urban consumers
issues. So, while the city's benefits are of. Retired Persons Medicare supple- initiate an RHS plan for retiring employ-
not negotiated or contractual, employ- ment. For employees with less than five ecs, allowing them to contribute all, or
ees and retirees are encouraged to voice years of service, the council lengthened a portion, of their accrued vacation and
their concerns. That has been th~ case the retirement eligibility standards to sick leave to the plan and draw from
in recent months as the city has consid- a combination of 55 years of age and a those funds to pay for medical expenses
ered its retirement health benefit plan minimum of 15 years of service. For that in retirement. Arlington plans to expand
and the pending GASB requirements, group of employees, the city plans to pay the RHS plan to include other types of
Anderson says. 50 percent of their health benefits once contributions from employees and/or the
Arlington has a retiree health program the employees retire, with no subsidy employer.
that exceeds many other cities'. The city for their dependents. That adjustment For two cities facing a similar issue
pays 100 percent of the premium and affects less than half of the workforce, with significantly different demographic
70 percent of the dependent's premium most of whom have a greater oppor- circumstances, alternative defined
for a retiree with 30 years of service, tunity to prepare for future retirement contribution retirement savings plans
The percentage decreases with years of medical expenses, represent a common tool that has been
service to 60 percent for retirees with 10 Additionally, a task force was asked proven strategically valuable. In Roch-
>_ years of service. With employees retiring to consider city subsidy, rate structure ester Hills and Arlington, the plans
=z early and living longer, the city faces a and GASB implications relative to allow the cities and the employees to
o liability of millions of dollars under the the remaining employees and existing set aside accrued vacation and sick pay
~ new GASB standards, retirees. "Some of the task force mem- tax free to help pay for qualified medical
~- In January 2004, the city council bers had difficulty breaking out of the expenses.
:.~ reviewed the potential impact of the respective interests of their stakeholder
~ GASB rules on future budget and bal- groups," Anderson says. "The issue is Robert Barkin is vice president of corpo.
,., ance sheets. Over the next several ' so big -- has so many tentacles m it rate communications for Washington. based
· ~ months, an actuarial study projecting became difficult to reach consensus in ICMA Retirement Corp.
40 February 2005 www. americancityandcounty, com
~ RECEIVED_
A K E R S F I E L D
CITY OF BAKERSFIELD
PUBLIC WORKS DEPARTMENT ~IAR 1 0 ZO05
MEMORANDUM
CiTY MANAGER'S OFFICE
DATE: MARCH 9, 2005
TO: ALAN TANDY, CITY MANAGER
FROM' RAUL M. ROJAS, PUBLIC WORKS DIRECTO~//~
SUBJECT: MARCH 4, 2005 -THUNDERSTORM
On Friday, March 4, 2005, a high intensity thunder storm hit the Bakersfield area
causing many areas of localized flooding including areas within Downtown Bakersfield
and an area near Ashe Road and Ming Avenue. Due to lightning strikes, many traffic
signal controllers were also damaged causing traffic snarls throughout the city. City
crews worked 24-hours a day until Monday morning.
Downtown Bakersfield
Two main areas of downtown Bakersfield experienced localized flooding problems;
Chester Avenue near 24th Street and F Street near 30th Street. City crews were
dispatched to the various problem areas to provide assistance including dispensing of
sand bags. The flooding at Chester Avenue and 24th Street resulted in a spill of
transmission fluid from the nearby Aamco Transmission repair shop. This spill required
immediate attention which took most of the weekend to complete clean-up measures.
City staff is currently determining what improvements may be made to alleviate future
flooding problems in the downtown area and will present the findings to the Council
once that analysis is complete.
Ashe Road near Min.q Avenue
Another area that experienced flooding problems was Ashe Road north of Ming Avenue.
This area is part of a system that drains storm water to the Sundale golf course. Staff is
working with the owner of the golf course to determine what actions could be taken to
help alleviate this problem in the future.
Traffic siqnal controllers
At least 18 traffic signal controllers were damaged by lightning strikes during the
thunderstorm. City crews have been working diligently to repair each controller which
also involves reprogramming of signal timing and other hardware repairs.
Emergency work memo.doc -- Page 1 of 1 Page --
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· [t~use t'~kes up $284B highway, transit bill - The Sacramento Bee Page 1 of 2
This story is taken from Politics at sacbee.com.
House takes up $284B highway, transit
bill
By JIM ABRAMS, Associated Press Writer
Published 11:03 am PST Wednesday, March 9, 2005
WASHINGTON (AP) - The House put aside partisan battles Wednesday to support a huge highway and transit
measure that will foster jobs, improve roads and, not incidentally, bring projects to every member's district.
The six-year, $284 billion measure, expected to pass by a wide margin Thursday, will help states and federal
agencies build new roads, repair bridges, expand public transit and advance safety measures with a goal of
reducing the 42,000 in annual traffic fatalities, and some of the $67 billion in lost productivity caused by
congestion.
No bill considered this year, said Rep. Bill Pascrell, D-N.J., "will do more to positively affect the quality of life
of every single American."
While that sentiment is widely shared, Congress has been unable to move a highway bill in the 18 months
since the last six-year bill, funded at $2:18 billion, expired in September 2003. Last year the White House
threatened to veto House and Senate proposals to significantly increase infrastructure spending, saying it
would not accept any bill that raised the federal deficit.
This year the White House supports the $284 billion figure, which is paid for through the highway trust fund
derived from the federal tax on gasoline, although on Wednesday it has again levied a veto threat against
anything that goes above that level.
The Senate, which is to consider the bill at committee level next week, generally favors a higher number.
Also still to be resolved is a way to meet the complaints of "donor" states that are unhappy about paying
more intO the highway trust fund than they get back in federal grants.
The Senate is also unenthusiastic about special projects included in the House bill at the request of members
seeking to bring federal dollars home to their districts. Taxpayers for Common Sense says the House bill
contains 3,736 such projects worth a total of more than $10 billion.
The projects range from $45 million to expand an interstate highway in Florida to $500,000 for sidewalks and
landscaping in Glennville, Ga., to $50,000 to enhance road facilities near the Brooklyn Children's Museum.
Good government groups such as Taxpayers for Common Sense and fiscal conservatives see the highway bill
as the worst example of pork barrel spending, but supporters see it as a still-inadequate effort to make the
nation safer and economically stronger.
"We face a crisis in this country because of our inadequate, crumbling and congested highways," said House
Transportation Committee Chairman Don Young, R-Alaska, whose state gets a generous share of special
projects.
http://www.sacbee.com/24hour/politics/v-print/story/2216016p- 10344514c.html 3/9/2005
House ~6ces up $284B highway, transit bill - The Sacramento Bee Page 2 of 2
Backers also stressed that every $1 billion in highway spending creates an estimated 47,500 new jobs. Klm
Green, vice chair of business members for the American Public Transportation Association, said in a
statement this week: "Investing in transit creates jobs and spurs new economic activity at a rate of $6 for
every $1 invested."
The legislation would guarantee funds of $225.5 billion for the Federal Highway Administration, $52.3 billion
for the Federal Transit Administration and more than $6 billion for safety programs.
The measure carves out $590 million for a new program for high risk rural roads, where 61 percent of all
highway-related fatalities occur, and $634 million in incentive grants to help states combat alcohol and illegal
drug use by drivers. It would also call for $830 million for a new program to fund the construction of
dedicated truck lanes.
Rep. John Boozman, an Arkansas Republican whose district includes Wal-Mart Stores Inc.'s headquarters,
withdrew a proposed amendment that would have extended the workday for truckers to 16 hours as long as
that included an unpaid two-hour break.
Wal-Mart, other large retailers and the trucking industry backed the proposal, but labor unions and safety
'advocates said it would result in more fatigue-related accidents. Current rules limit drivers' workdays to 14
hours, with 11 consecutive hours of driving allowed.
The bill is H.R. 3.
On the Net:
House Transportation Committee: ht. tP.;//www,.h.Qus.e.gov/transP.o.ctation/
Taxpayers for Common Sense: http://www.taxpayer.net
Go to: ~.a.cbee / .B...~.~._k......~o st_o_r._y_
This article is protected by copyright and should not be printed or distributed for anything except personal use.
The Sacramento Bee, 2100 Q St., P.O. Box 15779, Sacramento, CA 95852
Phone: (916) 321-1000
http://www.sacbee.com/24hour/politics/v-print/story/2216016p- 10344514c.html 3/9/2005
Los A~geles Times: Transportation Bill Clears House Page 1 of 3
http://www.latimes.com/news/politics/la-na-highwayl lmarl 1,1,2832015.story?coil=la-headlines-politics
THE NATION
Transportation Bill Clears House
The measure would cost $284 billion, in keeping with a compromise
with the White House. But specially earmarked funs draw criticism.
By Richard Simon
Times Staff Writer
March 11, 2005
WASHINGTON -- The House on Thursday approved a long-stalled $284-billion transportation bill loaded with
thousands of projects for lawmakers' home districts, despite President Bush's call for Congress to apply the brakes
to earmarking funds for pet programs.
The bill would provide funds for more than 4,000 projects -- mostly aimed at repairing roads and easing traffic
congestion. But it also provides money for bike trails, sidewalk improvements, transportation museums and a
snowmobile trail in Vermont.
And an amendment sponsored by Reps. Brad Sherman (D-Sherman Oaks) and Darrell E. Issa (R-Vista) would
permit California to implement a state law allowing single occupants of high-mileage hybrid vehicles to use
carpool lanes.
The measure exceeds the $256-billion limit the White House had originally set for the legislation last year, which
led to an unusual showdown between the president and congressional Republicans that delayed the bill's passage.
The new figure is a compromise between what the White House wanted and a higher amount sought by members
of Congress.
The House bill passed, 417-9. The Senate version of the bill, also expected to cost $284 billion, is to be written
next week.
A few thorny issues, such as how the money would be divvied up among states, must be resolved before a final
measure is sent to Bush.
The White House has threatened a veto if the bill's price tag increases any more.
California and several other states complain that they receive less in federal transportation money than their
residents pay in gasoline taxes. Meanwhile, less populous states get back more than they contribute because it
costs more to maintain their interstates than their motorists pay in gas taxes. Representatives of these states arq
fighting efforts to reduce their funding.
With many lawmakers eager to deliver popular highway projects to their home states before next year's election,
http://www.latimes.com/news/politics/la-na-highwayl 1 marl 1,1,5931951,print.story?coll=la-headlines-po... 3/11/2005
Los A~geles Times: Transportation Bill Clears House Page 2 of 3
Congress ultimately is expected to resolve such issues and send Bush a bill he can accept.
The measure, which would fund highway, mass transit and safety and research programs through 2009, represents
a 42% spending increase from the last big transportation legislation, approved in 1998.
Rep. Don Young (R-Alaska), chairman of the House Transportation Committee, portrayed the bill as vital to the
nation's economic health. "Our economy and our way of life depend on our ability to rapidly move both people
and products," he said.
The bill includes a provision that would ease decades-old federal rules against tolls on interstate highways. States
could decide to impose tolls to address traffic congestion.
All of California's 53 House members voted for the bill.
Funds in the bill for the state include $3 million for a study on building a tunnel to end a decades-long fight over
extending the 710 Freeway north through South Pasadena, $15 million for building bridges and underpasses that
would help speed freight trains carrying goods from the ports of Los Angeles and Long Beach to the east and
reduce the risk of car-train collisions, and $10 million to retrofit San Francisco's Golden Gate Bridge.
The White House was among those complaining about lawmakers in Washington earmarking money for specific
projects in their communities. Administration officials said that state transportation officials were "far better
equipped" to set the priorities for transportation spending. But the administration did not threaten a veto over the
issue.
House members from both parties set aside more than $12 billion for specific projects, according to Taxpayers for
Common Sense, a watchdog group.
H.D. Palmer, a spokesman for California's Department of Finance, said he was irritated but not surprised by the
level of earmarking.
"It's in the congressional DNA," Palmer said.
Taxpayer watchdogs said the numerous projects raise questions about Congress' commitment to fiscal discipline.
"Lawmakers love the transportation bill because they can bring home the bacon to their districts in a very big
way," Taxpayers for Common Sense said in a statement. "But they are scoring dollars for projects regardless of
whether those projects are included in local or state transportation plans, comply with federal law, or enjoy broad
local support."
Rep. James L. Oberstar of Minnesota, top Democrat on the House Transportation Committee, defended the
earmarking.
"Not all wisdom in investing transportation dollars resides with state [departments of transportation]," he said.
"When a road or bridge is not built or improved, or a transit system investment is not made, our constituents come
to us."
Among the projects that Taxpayers for Common Sense singled out for criticism was $2.5 million for landscaping
along the Ronald Reagan Freeway in Simi Valley.
A spokesman for Rep. Elton Gallegly (R-Simi Valley), who sought the funding, called that stretch of freeway "the
first impression" that many visitors have of the area.
http://www.latimes.com/news/politics/la-na-highwayl lmarl 1,1,5931951,print.story?coll=la-headlines-po... 3/11/2005
Los Angeles Times: Transportation Bill Clears House Page 3 of 3
Funding in the bill also would finance a bicycle and pedestrian path along the Los Angeles River, improved street
lighting in the San Femando Valley and new trails in the Santa Monica Mountains.
If you want other stories on this topic, search the Archives at latimes.conVarchives.
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http://www.latimes.com/news/politics/la-na-highwayl lmarl 1,1,5931951,print.story?coll=la-headlines-po... 3/11/2005
BAKERSFIELD POLICE
MEMORANDUM
Date: March 11, 2005 RECEIVED
To: Alan Tandy, City Manager MAI~ 1 1.2005
From:t W.R. Rector, Chief of Police ~ C~TY MANAGER'S OFFICE
Subject: Response to Mr. Raymond Garcia
Officer Matt Hilliard contacted Raymond Garcia, of SHIVA Property Management on
February 28, 2005. Mr. Garcia is the employee responsible for numerous apartment
complexes along Westholme Blvd., from Ming Avenue to Wilson Road, and in the
Fair[ax Road area. He confirmed that city code enforcement officers had contacted him
recently regarding the abatement process for graffiti at sites he/SHIVA Property
Management oversee.
He confirmed that the increase in graffiti at the Westholme sites was more a recent
issue than a traditional one. Hilliard has been through the area within the past two
months and did notice an unusual amount of graffiti in the west alley of that road (which
is the area that Mr. Garcia was most concerned with). What most concerned him about
the problem was that in the last two weeks the properties have been cleaned twice and
within 24-48 hours the vandals returned to the alley and vandalized the location again.
This is not an unusual thing. When a graffiti vandal crew begins to work a location they
will "battle" not only other graffiti vandal crews for dominance at the location, but will
resist residents' actions to remove the graffiti by continuing to vandalize the location
despite several abatement actions. Officer Hilliard explained to Mr. Garcia the graffiti
abatement process and the often two to three week waiting period for removal due to
the volume of abatement requests. Mr. Garcia said that SHIVA Property Management
has a contracted painter of its own to remove the vandalism and would continue to do
so. He also said that he would start to send offense information and photos of damage
on a regular basis for reference.
Regarding the Fairfax property, Officers reviewed calls for service history at the
apartment complex and noted there were six peace disturbance related calls over the
past nine months. There were four apartments assigned to the address at 5703 Fair[ax
Road. The property is managed by Shiva Enterprise. It should be noted there are
several additional apartment complexes in the area.
Alan Tandy, City Manager
March 11, 2005
Response to Mr. Ray Garcia
Page 2 of 2
Officers contacted the tenants in Apartment #1. They have lived in the complex for
three months. They said some of the residents in the apartments play loud music late
at night.
Officers contacted the tenant in Apartment #2. The tenant said she has lived in the
apartment for two years and does not have any problems or concerns about any issues
surrounding the apartment complex.
Officers contacted the tenant in Apartment #3. The tenant said she has lived in the
apartment for six months and does not have any problems or concerns and she has not
witnessed any trouble in the apartment complex.
The tenant in Apartment ~ was contacted. The tenant said he has lived in the
apartment for three years and he does not have any problems or concerns. He said he
has not seen any trouble in the apartment complex.
The tenant who resides at 5701 Fairfax Road, Apt. #4 was contacted. The tenant said
there was a large amount of traffic going in and out of the apartment complex at 5703
Fairfax Road and she believes, from the people she has seen, they may associate with
gang members. The tenant has not had any specific problems with them but is
disturbed by the loud music that sometimes goes on in the apartment complex.
After concluding interviews with the residents at the apartment complex, Officers
responded to recontact the reporting parties from the previous vandalism calls in the
area. The tenant at 5812 Hidden Valley Road said he was still having problems with the
juveniles loitering behind his residence but he had not called the police to request any
further service. Over the course of the last six weeks, the juveniles had thrown rocks
into his backyard approximately four times but they had not damaged any of his
property.
The tenant who resides at 5912 Hidden Valley Road was contacted. Juveniles had
thrown rocks into her backyard on ten different occasions over the last two months.
She has seen the juveniles loitering behind her residence and only called the police one
time and has not had any further problems. He indicated that she was satisfied with the
police response and service provided.
During the past three weeks, extra patrol has been conducted in the area but no
juveniles who may have been involved in the malicious mischief have been located.
WRR/rcu
MEMORANDUM
CITY ATTORNEY'S OFFICE
March 7, 2005
TO: LEGISLATIVE AND LITIGATION COMMITTEE
ZACK SCRIVNER, CHAIR
DAVID COUCH
FROM: VIRGINIA GENNARO, CITY ATTORN ~. ~
SUBJECT: LITTERING, GRAFFITI, ILLEGAL DUMPING
COUNCIL REFERRAL NO. 001039
Councilmembers Hanson and Couch requested the Legislative and Litigation
Committee look into the feasibility of issuing strong penalties for littering, graffiti and
illegal dumping, and look at the various types of penalties, including seizing assets,
cars, etc., and the use of administrative judges for prosecution.
In general, City Council may enact laws not in conflict with state law; however,
where a state law has criminalized certain conduct, such regulation preempts the lower
level jurisdiction, including the penalty.
GRAFFITI PENALTIES: Under State law, the fine for applying graffiti is
dependent on the cost of the damage. For example, if the amount of defacement is
$400 or above, the penalty is one year in jail or fine up to $10,000, or both. If the
defendant is a minor, the court can order the fine paid by the parent. Also, defendants
and parents of minor defendants may be ordered to keep the damaged property graffiti
free for a year. If the damage is less than $400, the penalty is up to one year in jail or a
fine of $1000, or both. There are also laws which criminalize possession of aerosol
paint containers or felt tip markers with intent to vandalize or apply graffiti. These
violations carry penalties from six months in jail and/or $1000 fine for an adult or 300
hours of community service for a minor.
In addition to criminal prosecution, State law allows a city to adopt an ordinance
regulating the sale of aerosol containers of paint capable of applying graffiti, and to
establish civil administrative regulations, procedures, or civil penalties governing the
placement of graffiti on private real property. Pursuant to this authorization the City of
Bakersfield passed BMC Chapter 9.36 regulating the sale and use of markers for graffiti
(see copy of ordinance attached hereto). This ordinance allows the City to seek civil
restitution from the legal guardians of minors who are convicted or confess to applying
graffiti. While this procedure has been dormant for several years, the City Attorney's
office is now actively working with our Police Department and has re-activated the
program.
Alan Tandy, City Manager
March 7, 2005
Page 2
LITTERING/DUMPING PENALTIES: State law punishes "illegal dumping" and
littering as an infraction. The difference is that an infraction cannot be punished by jail
time. Among other things, "illegal dumping" includes dumping waste matter, concrete,
asphalt, or dirt upon pdvate or public .property. Yet, a person dumping in excess of one
cubic yard of prohibited material (a "commercial dumper") can be convicted of a
misdemeanor which is punishable by six moths in jail and a minimum fine of $1000 for a
first conviction. More likely is the mandatory fine of $50 for a first time conviction and
$250 for a third offense. The maximum penalty for a third time "dumper" is $10,000.
Bakersfield Municipal Code Chapter 8.29 punishes "littering" and "illegal
dumping" as an infraction. When Code Enforcement officers witness a littering, they
pursue the code enforcement remedies for abating a nuisance, giving the notices and
conducting the required administrative hearings and compelling "clean up." In these
cases, the City is using its police power against the victim of the crime rather than
against the unknown perpetrator, because the action is against the property owner to
make him or her rid his or her property of the offensive matter.
CONCLUSION: The bottom line is that State law limits the power of a city to
punish a misdemeanor. Therefore, the Council cannot impose punishment greater than
six months and/or a $1000 fine for a criminal violation for either graffiti or dumping. The
City may redress violation of its ordinances by initiating a civil action for civil penalties.
This is precisely what we have done by enacting the graffiti ordinance mentioned above,
as well as the administrative process for illegal littering/dumping and public nuisances.
The same is true for asset seizures -- State law limits our ability to do so, other than as
evidence for of a crime. For example, the police are authorized to take graffiti
paraphernalia from a tagger but not allowed to impound his/her car to cover restitution.
Although it appears we have limited recourse to prevent the above crimes, it really is a
matter of ~staffing and priority. The ordinances we have on the books concerning graffiti
and illegal dumping are strong and ,capable of being enforced. Once the City
prosecution program is up and running, we will be able to take a more aggressive
stance on prosecuting misdemeanor violations and seeking civil penalties.
VG/AMS:Isc
Attachment
cc: Honorable Mayor and City Council
Alan Tandy, City Manager
S:\COUNClL\Referrals\04-05 Referrals\LitteringGraffitiDumping.doc
9.36.010
Chapter 936 9.36.040 Display of aerosol spray paint
containers and marker pens.
GRAFFITI PREVENTION AND ABATEMENT A. Every person who owns, conducts, operates or
manages a retail commercial establishment selling aerosol
Sections: paint containers or marker pens with the tip exceeding six
9.36.010 Purpose. millimeters in width, containing anything other than a
9.36.020 Graffiti de£med, solution which can be remox~ed with water after it dries,
9.36.030 Public nuisance, shall store or cause such aerosol paint containers or
9.36.040 Display of aerosol spray paint marker pens to be stored, if viewable by the public, in a
containers and marker pens. manner not accessible to the public in the regular course
9.36.050 Sale of wide-tipped marker pens of business without employee assistance, 'pending legal
to minors, sale or disposition of such marker pens or paint contain-
9.36.060 Possession of aerosol paint ers. (Ord. 3524 § 2 (part), 1993: Ord. 3517 § 2 (part), .
container or wide-tipped marker 1993)
9.36.070 Removal of graffiti. 9.36.050 Sale of wide-tipped marker pens to
9.36.080 Penalty. minors.
9.36.090 Reward. A. It Shall be unlawful for any person, firm, or
9.36.100 Severability. corporation, except a parent or legal guardian, to sell or
give or in any way furnish any marker pen with thc tip
9.36.010 Purpose. exceeding six millimeters in width, containing anything
Thc purpose of this chapter is to prevent graffiti and other than a solution which can be removed with water
provide for the prompt abatement of graffiti from public when dry, to any person under the age of eighteen years
and private property in the city; to provide for methods who is not accompanied by a responsible adult.
of controlling the sale, use and possession of instruments B. It shall be-unlawful for any person under the age
used in creating graffiti; and to encourage citizens to ofeighteen years to purchase a marker pen(s) withthetip
report occurrences of graffiti vandalism within the city. exceeding six millimeters in width, containing anything
(Ord. 3517 § 2 (part), 1993) other than a solution which can be removed w/th water
when dry.
9.36.020 Graffiti def'med. C. Every retailer selling or offering for sale marker
"Graffiti" means, but is not limited to, an unauthorized pens with the tip exceeding six millimeters in width,
inscription, word, figure, design, writing or picture which containing anything other than a solution which can be
is marked, etched, scratched, drawn or painted upon any removed with water when dry, shall post in a conspicuous
public or private property, either real or personal, or any place a sign in letters at least three-eighths of an inch
structure, wall, fence, sidewalk, sign, public utility box, high stating:
or any sU'uctural component of any building, bridge, "ANY PERSON WHO MALICIOUSLY DEFACES
s~ructure or any facility in public view to any person REAL OR PERSONAL PROPERTY W1TH ~ OR
utilizing any public street in the city of Bakersfield, OTHER PERMANENT LIQUIDS IS GUILTY OF
including but not limited to any roadway, parkway, side- VANDALISM, PUNISHABLE BY FINE AND/OR
walk or alley. (Ord. 3517 § 2 (.Part), 1993) IMPRISONMENT."
(ord. 3524 § 2 (pm), 1993: Ord. 3517 § 2 (pm), 1993)
9.36;030 Public nuisance.
The city of Bakersfield hereby declares graffiti to be 926.060 Possession of aerosol paint
a public nuisance to be abated pursuant to the provisions container or wide.tipped marker
provided in Chapter 8.80 of this code. Nothing in this or pen.
any other chapter shall be deemed to prevent the city A. It is unlawful for any person under the age of
from commencing a civil or criminal proceeding to abate eighteen years, who is on private property, without the
a public nuisance under applicable Civil or Penal Code consent of the owner, tenant or operator thereon, or who
provisions as an alternative to the proceedings set forth is in a public place, to possess a marker pen with thc tip -
herein. (Ord. 3517 § 2 (part), 1993) exceeding six millimeters in width, containing anything
other than a solution which can be removed with water
when dry. For purposes of this section, a "public place"
353
9.36.060
includes, but is not llmited to, all public buildings and on the property in order to perform the work of removing
facilities, public highway, street, alley or way, regardless the material.
of whether that person is or is not in any automobile, If thc city is unable to secure entry upon thc affected
vehicle or other conveyance. This subd/vision shall not property for the purpose of removal of the graffiti, or if
apply, to the possession of a marker pen with the tip the city shall have requested consent to remove or paint
exceeding .six millimeters in width, by a minor under the over graffiti and thc property ow'ncr shall have refused
supervision of a responsible adult, consent for entry on terms acceptable to the city consis-
B. It is unlawful for any individual, who is on tent with the terms of this section, the city may corn-
private property, without the consent of the owner, tenant mence abatement and cost recovery proceedings for the
or operator thereon, to possess an aerosol or pressurized removal of the graffiti pursuant to the nuisance abatement
container of paint for the purpose of defacing property, authority set forth in Bakersfield Municipal Code Chapter
(Ord. 3524 § 2 (part), 1993: Ord. 3517 § 2 (,part), !993) $.80, which authority includes the recovery of all costs
incurred by the city in abating graffiti and recordation of
9.36.070 Removal of graffiti, lien as to affected property as provided for in Govern-
A. Right of City to Remove. ment Code Sections 38773 et seq.
1. Authorization to Use City Funds. Within the B. Liability of Parents or Guardians; Liability of
limits set forth in this section, city funds may be used to Violator; Penal Violations.
remove graffiti and other similar inscribed material from 1. Pursuant to California Civil Code section 1714.1,
publicly or privately owned permanent structures located each parent or legal guardian shall be personally liable
on publicly or privately owned real property within the for any and all costs incurred by the city or any person
city. or business in connection with the removal of graffiti
2. Limitations to Use of City Funds. The use of city caused by that parent or guardian's minor child, and for
funds as authorized in this section is limited to the fol- all law enforcement costs, city staff costs, attorney's fees
lowing cases: and court costs incurred in connection with the civil
a. Sufficient funds have been budgeu~d and remain prosecution of any claim for damages or reimbursement,
unencumbered for such purpose, up to the limits set in California Civil Code section
b. The city manager or the . designee of the city 1714.1(b)
manager approves each proposed use of city funds for 2. Any individual who is determined to be respond-
such purpose, ble for violating the provisions of this chapter shall be
c. City funds shall be used only to remove the personally liable-for any and all costs incurred by the city
inscribed material itself and may not be used for painting or any person or business in connection with the removal
or repairing of any more extensive area. of graffiti caused by that person, and for all law enforce-
d. In any instance where the owner or tenant of the ment costs, city staff costs, attorney's fees and court costs
affected property caused, materially contributed to, or incurred in connection with the civil prosecution of any
voluntarily consented to the inscription, the owner may claim for damages or reimbursement.
be held financially responsible pursuant to subsection A, 3. In addition to civil restitution remedies, the
3 below, section may pursue criminal charges .for violators of this
3. Right of Entry on Private Property; Failure to chapter (as set forth in Penal Code section 594 or 640.6)
Obtain Owner Consent. The city will first seek to obtain 4. In addition to the above, the city may also seek
the writ~n consent of the owner of the affected property, recovery for any and all costs incurred by the city for
public or private, in order to enter upon the property to removal of graffiti pursuant to the remedies set forth in
remove graffiti located thereon. The consent shall be in Government Code Sections 38772, 38773.2 and 38773.(5.
a form approved by the city attorney and shall: The procedures for recovery of costs under this particular
a. Authorize entry of city employees and/or con- paragraph shE] be those set forth in Bakersfield Munici-
tractors on the affected property to accomplish the rem0v- pal Code Sections 8.80.140 through 8.80.200. (Ord, 3813
al of the material; § 1, 1997: Ord. 3726 § 1, 1996: Ord. 3517 § 2 (part),
b. Assign to the city of Bakersfield any cause or 1993)
causes of action which the owner may have against any
person or persons who defaced said property with graffiti; 9.36.080 Penalty.
and A violation of this chapter, except where otherwise
c. Hold the city, its officers, employees and con- indicated, is a misdemeanor subject to all penalties set
tractors harmless from all liability arising out of the entry forth in the Penal Code of this state and in Section
354
9.36.080
1.40.010 of the Bakersfield Municipal Code. (Ord. 3517
§ 2 (part), ~993)
9.36.090 Reward.
The City of Bakersfield may provide a reward of up
to five hundred dollars in each case for information
which leads to the arrest and e0nvicfion of graffiti van-
dals. As part of this incentive, the economic development
department of the city of Bakersfield may establish,
publicize, and maintain a "graffiti hotline" for citizens to
utilize to report this nuisance. (Ord. 3517 § 2 (part),
1993)
9.36.100 Severabil~ty.
It is declared to be the intention of the city council
that the subsections, paragraphs, sentences, clauses and
phrases of this section form an interrelated program for
dealing with the problem of graffiti and vandalism within
the city, but that such subsections, paragraphs, sentences,
clauses and phrases are distinct and severable and, in the
event that any subsections, paragraphs, clauses and phras-
es are declared unconstitutional, invalid or unenforceable
by any court of competent jurisdiction, such unconstitu-
tionality, invalidity or unenforceability shall not affect
any of the remaining subsections, paragraphs, clauses or
phrases of this chapter. (Ord. 3517 § 2 (part), 1993)
355
B A K E R S F I E L D
Department of Recreation and Parks
Date: March 4, 2005
To: Alan Tandy, City Manager
From: Alan Christensen, Interim Director of Recreation & Parks~--~
Subject: Park Playground Equipment Replacement
Referral # 001049 - Ward 5
Councilmember Hanson requested staff provide an update regarding park
equipment replacement and requested staff provide a report on proposed
equipment replacement in Ward 5.
Staff reviewed the park equipment replacement schedule in Ward 5. We also
conducted a site inspection of park equipment at Campus Park North, Haggin
Oaks and Westwold Parks to determine current conditions. All these
playgrounds were built by a developer as part of the subdivision about the same
time period, so they in a similar condition.
The department would advise Westwold Park equipment be the first playground
equipment to be replaced due to the high usage, the number of complaints and
the condition of equipment. We have recommended that a project to replace
Westwold Park equipment be included in the FY 05-06 Capital Improvement
Budget. Campus Park North equipment would be our next recommended
replacement park and lastly Haggin Oaks Park.
-BR~Gi'~TON MANAGEMENT LLC
BRIGHTON MANAGEMENT LLC
21725 E. GATEWAY CENTER DRIVE
DIAMOND BAR, CA 91765 RECEIVED
(909) 860-6255
(909) 612-5730 FAX ~AR 1 I 2005
www. b rig htonmana g ementllc, com
CiTY MANAGER'S OFFICE
March 1, 2005
City of Bakersfield
City Manager's Office
ATTN: Alan Tand~,
1501 Truxtun Avenue
Bakersfield, CA 93301
RE: Holiday Inn Select
Dear Mr. Thndy:.:. ;'-: '.: . :' ,,.: ~: ::
Let me start: by;.;saying..that we appreciate all the support and guidance that the City of
Bakersfi61i:l'has given,ds:'-We'.have, received nothing but encouragement and praise from
council'mbmbers and city residents. · Our office would like to wish you, the mayor, and
city council a very happy and prosperous Chinese New Year..
The improvement projects on the Holiday Inn Select have been moving forward at a rapid
pace since August:
3' New hallway vinyl has been installed on the top three floors with the remaining
._.f!9ors to be completed !n the_ n_e_xt few weeks
-)~ All new chairs in the restaurant ...................... ' -
)~ Addition of a dance floor in the lounge area
~ New carpet in the lounge area
)~ All bedding, sheets, pillows will be in by the middle of March and rooms will be
completed by the end of March
)~Upgraded shower heads, shower rods and curtains, and amenity packages
)~A design team is compiling carpet print samples to be approved within the next 30
: days.. Installation of carpet to be.completed, within .the next 60-9~0 da. ys. Areas· to
. ·-'-' .~': i;e~eiYe new carpet treatment: '" '":'.;" ': '- i:.~: ::.:-': :':::'. .... ?: .. ', : ';.,_~ i::.,. :.., _ .-~-,
::: :"~" ;'::' :6 "Guest rooms ..,...:,~ii .... -, . :~, ~:......~,....::,~ .~:,,:..,... :<.: .... .~...: :~:::_ ... : ...
o Guest room level hallways
: ~ ...... ~ .' o · Pre-meeting areas
o Meeting room areas
'o Ballroom
BRgGHT~gN MANAGEMENT LLC
BRIGHTON MANAGEMENT LLC
21725 E. GATEWAY CENTER DRIVE
DIAMOND BAR, CA 91765
(909) 860-6255
(909) 612-5730 FAX
www. b rig ht onmana g ement llc. com
3. Samples of custom made. furniture for guest rooms will be ready in March. They
will arrive approximately 90 days after approval
3. Trees and grass have been planted around the exterior
3. New exercise equipment in the hotel fitness center
3* New business center with complimentary computer and high-speed internet use
3. New A/V eqUipment fOr banquet and meeting events
3. Repairs have been made to deferred maintenance:
c> Boiler
o A/C
3. Hi3ed a new executive chef and food director to address issues with banquet and
restaUrant food
c> Lunch and dinner menu have been redesigned
o Sunday Brunch has returned to the Holiday Inn Select with many
improvements to the menu and service.
3. New property management system will be installed beginning of April
3. New point-of-sale system installed in restaurant
3* Phone system software and hardware upgraded
When the sample rooms are ready in approximately 60 days, we would like to invite you
and the city council to come and tour the hotel and see the changes that we have made.
The Holiday Inn Select is very excited to hear about the renaming of Centennial Garden
to Rabobank Arena. We believe that this is a good opportunity for the hotel, arena, and
city to team up and create directional signage leading to the Rabobank Arena and Holiday
Inn Select from the 99 freeway.
Thank you again for your inquiry into our improvement process. We look forward to
continued success with the City of Bakersfield.
.. Jo~ph ,Fan
~~t