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B A K E R S F I E L D
CITY MANAGER'S OFFICE
MEMORANDUM
November 30, 2007
TO: Honorable Mayor and City Cour)'
FROM: Alan Tandy, City Manager
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SUBJECT: General Information
1. Staff attended the League of California Cities Legislative Briefings in Pasadena this
week. League staff presented a general overview of the 2007 session, updates on
implementation of the Infrastructure Bond Package, and what to expect next year for
eminent domain reform. The League also cautioned cities to prepare for next year's
budget crunch in light of the State's $10 billion deficit. Cities should not rely on the
availability of Prop. 42 funding. If the State needs to borrow from City budgets, this is
the year to deal with the state budget problem and it may borrow big!
With this threat increasing and a declining sales tax the last few quarters, along with the
housing industry slump, next fiscal year will need a dose of realism and perhaps even
pessimism.
2. One of the things we started at the annual Department Head planning session was an
effort to implement Council goals for various capital projects more rapidly. That involves
refining the Capital Improvement plan and finding funding sources. We are continuing to
work on those ideas in preparation for submitting them to the Council for consideration
in a few months.
3. When Centennial Plaza was constructed in 1998, the Centennial Foundation sold bricks
on the plaza with names of individuals and companies engraved in them. There were a
variety of sizes and costs. It has been nearly ten years — many of the bricks have
become damaged and need to be replaced. No promise was ever made that the
engraved bricks would be replaced at the end of their useful life. The Centennial
Foundation who sold them no longer exists. It would be staffs opinion that we should
replace the broken bricks with simple un-engraved ones. We can probably
accommodate individuals or companies that want to pay to engrave replacement bricks.
4. Our franchise agreement with PG&E will expire in February 2008 after its 50 year term.
We are discussing the process and renewal issues with them in preparation to bring the
documents before City Council.
5. Enclosed is an interesting article from the L.A. Times regarding fines for trimming trees
without a permit in Glendale.
Honorable Mayor and City Council
November 30, 2007
Page 2
6. A photo of work taking place at Waste Water Treatment Plant #3 is enclosed. It is a
massive project.
7. Installation of playground rubberized safety surfacing continues at city parks: Patriot's,
University, and Jefferson have been completed and the next two will be Quailwood and
Campus Park North.
8. Darin Budak, Park Superintendent, has successfully passed the Certified Park and
Recreation Professional (CPRP) exam. He is one of only 15 in the nation that has both
the CPRP and the Sports Turf management certification.
9. McMurtrey will be closed from December 3`d through the 10th for annual maintenance.
10. The Streets Division work schedule for the week of December 3rd is enclosed.
11. Responses to Council requests are enclosed, as follows:
Mayor Hall
• Letter regarding RFP for workers' compensation claim administration services.
AT:rs:rk
cc: Department Heads
Pamela McCarthy, City Clerk
Roberta Gafford, Assistant City Clerk
B A K E R S F I E L D
OFFICE OF THE CITY MANAGER
MEMORANDUM
November 29, 2007
TO: Alan Tandy, City Manager
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FROM: Steven Teglia, Administrative Analyst III ✓'(
SUBJECT: League of California Cities 2007 Legislative Briefing
On Wednesday of this past week Rick Kirkwood, Management Assistant, and I attended
the 2007 League of California Cities Legislative Briefing in Pasadena. During the
course of this meeting the league's lobbying team provided information on a wide range
of topics that included a recap of the 2007 regular session and a forecast of what may
be on the horizon for 2008. Below is a brief recap of the issues discussed. Should you
have any questions or require more info regarding any of these issues, Rick or I can
provide more detail.
Early budget outlook:
League staff discussed the current budget situation throughout the various
presentations. The topic was also addressed during subsequent one-on-one
conversations and the following was conveyed:
• The current budget will end with roughly a $2 billion deficit (had projected a $4
billion surplus).
• The projected budget deficit for 2008-09 is roughly $10 billion but could be larger
based on revenue indicators due in mid December.
• League staff warned that revenues from the sales tax on gas (prop. 42 funds)
could be at risk next year.
• In addition, many commented that they expect the state to look to local
governments and "borrow big" next year.
General Overview of the 2007 Regular Session:
• League staff provided attendees with a booklet of information regarding a
number of statutes pertaining to local government that were passed by the
Legislature and signed by the governor in 2007. The majority of these statutes
will take effect in January of 2008.
2007 Legislative Briefing
November 29, 2007
Page 2
In addition, League lobbyist highlighted several specific pieces of legislation that
became 2-year bills and will be on their radar screen in 2008. This included
legislation pertaining to:
-public safety;
-environmental issues;
-solid waste; and
-employee relations.
2008 Elections:
• 2008 will be host to three elections including the February 5th Presidential
Primary; the June 3rd State Primary; and the November 4th General Election.
• The League is preparing for a battle over two competing eminent domain
initiatives that will appear on the June ballot (one sponsored by the League and
the other by the Howard Jarvis Taxpayers Association).
.oF, Angeles Times: Out on a limb over trimming fiasco Page 1 of
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How bad could it be? The Collards began to anticipate the possibility of a fine, but it wasn't as if the trees were
mauled. They looked pretty good, in fact.
Finally, on Oct. 1, a letter arrived. It was from Glendale's Neighborhood Services administrator.
"Dear Owner," it began. "The city of Glendale is committed to maintaining a community with quality streetscapes
that include the care and well-being of protected indigenous trees."
The letter informed them they had improperly pruned 13 trees, some of them on city property because they were
near the street, and some on their own property. The fine was listed on Page 2, where the Collards were informed
they would be charged "two times the value of the damaged tree(s)."
"Total: $347,600."
"I about passed out," says Ann.
She'd been worried they might get fined as much as, say, $3,000.
"But this wasn't like 'Oh no, we won't be able to go on that vacation we were planning,' " she said.
Fortunately, the city did not ask for the Collards' newborn son as part of the settlement. But the prospect of financial
ruin had the former high school sweethearts wondering if they could serve jail time instead of taking out a second
mortgage.
The Collards began dialing City Hall for help.
"Is there somebody who could adjust the amount?" Ann recalls asking, without ever getting an answer.
"But even if they met us halfway, that's $170,000. We can't pay that, either."
Ann points out that White House aide Lewis "Scooter" Libby was fined $250,000 for perjury, obstruction of justice
and lying to investigators in the case of CIA operative Valerie Plame. She adds, with appropriate exasperation, that
Glendale Memorial Hospital drew a $25,000 fine in October for a medical error in which "a person was killed."
The Collard home is in a relatively high danger zone for wildfire, so I can understand why the Fire Department told
them they needed to trim back flammable plants. But if the city's going to go after anybody, they'd be better off
citing the Collards' next-door neighbor, whose branches are perilously close to the house.
"It's ridiculous," said Frank Ramos, who lives across the street and can't believe City Hall could leave the Collards
hanging like this. The yard looks good, he said. It's not like the trees were butchered. He said he'd have done the
same thing in their shoes. "They're a nice couple."
The Collards are $1,200 in to an attorney who got hold of the arborist's report, which alleged they'd had up to 60%
of the foliage whacked on some trees. The trimmer used spiked shoes, too. A no-no.
The Collards are sorry they didn't know about the required permit, but they dispute the 60% allegation and have
before-and-after pictures to argue their point.
The report also said some of the trees were worth as much as $100,000. I'd like to go on the record as being in favor
of trees, but if the Collards really have more than $1 million worth of trees, maybe they should declare their
property a national forest and secede from Glendale entirely.
And how about that team of geniuses who bloodlessly produced a$347,600 fee notice and blithely stuck it in the
ittp://www.latimes.com/news/local/la-me-lopez28nov28,0,2571052,print.column?coll=la-home-center 11/28/200'
.oT Angeles Times: Out on a limb over trimming fiasco Page 3 of
mail without a single person saying, "Hey, wait a minute. Isn't this insane?"
The Collards called City Hall repeatedly to see if someone might offer them an option other than robbing a bank.
When they got no satisfaction, they started a website, www,glendaletreefines.com, to lay out their case and call for
revision of the tree-cutting ordinance.
Glendale residents quickly weighed in, slamming City Hall.
"Absolutely ridiculous," wrote Stephen.
"Two words -- common sense!" wrote Jonathan.
The Collards soon found out they weren't the only victims of excessive fines.
"I was fined $175,000 for cutting two sycamores after my architect contacted the city and was warned not to touch
oak trees," says John Oppenheim, a registered nurse and single dad. "I am not a criminal, though because of a string
of bad advice, I did make a mistake."
Only after the tree fine story got some attention did city officials step up. City Councilman John Drayman told me
the Collards shouldn't have to pay a nickel. Councilman Frank Quintero called the whole thing a fiasco and an
embarrassment.
When I got hold of Mayor Ara Najarian, he said I was the first to learn that City Atty. Scott Howard had decided to
drop the case against the Collards.
So they're completely off the hook?
For now, Najarian said. But they'll be called in for a conference at some point.
And might they still be fined?
Possibly, he said, but nowhere near $347,600.
How much, then?
Maybe $10,000, maybe less,Najarian said. And maybe the tree trimmer should get stuck with the bulk of the fine.
Yeah, and maybe the city should apologize to the Collards, pay their lawyer fees, and clear the deadwood out of
City Hall.
steve.lopez(a7latimes.com
If you want other stories on this topic, search the Archives at latimes-com/archives.
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Page 1 of 2
STREETS DIVISION — WORK SCHEDULE
WEEK OF DECEMBER 3 — DECEMBER 7, 2007
Resurfacing/Reconstructinq streets in the following areas:
Continue reconstructing streets in the area between So. Laurelglen Boulevard
and Gosford Road, south of Westwold Drive.
Preparing streets for reconstruction in the area between Hollyhock Lane and
Ming Avenue, east of Ashe Road.
Miscellaneous Streets Division projects:
Continue installing curb and gutter in the area between California Avenue and
East Truxtun Avenue, Baker Street to Williams Street.
Continue working on the Mill Creek project.
Continue working on installing the sewer lift station at the new Fire Station #5.
Continue working on the Aera Park project.
C:\DOCUME-1\RKIRKW-1\LOCALS-1\Temp\XPgrpWse\Week of December 3_2007-Work Schedule.doc
Page 2 of 2
STREET SWEEPING SCHEDULE
Monday, December 3, 2007
Between Oak Street and "F" Street, 16th Street and Golden State Frontage Road
Between Bernard and Niles, Chester Avenue to Alta Vista Drive.
Between Rosedale Highway and Palm Avenue, Jenkins Road and Allen Road.
Tuesday, December 4, 2007
Between California Avenue and Brundage Lane, Oak street to Union Avenue.
Wednesday, December 5, 2007
City streets in the area between Panorama Drive and Columbus Street, River
Boulevard to East Columbus Street.
Between West Columbus Street and Bernard Street, San Dimas Street and Union
Avenue.
Between Stockdale Highway and Truxtun Avenue, Coffee Road and Hewlett Street.
Thursday, December 6, 2007
Between Truxtun Avenue and Brundage Lane, Union Avenue and Washington Street.
Between Bernard Street and Niles Street, Alta Vista Drive to Owens Street.
City area between Owens Street and Williams Street, Flower to Kentucky.
Between Kroll Way and Camino Media, Gosford Road to Don Hart Drive.
Between Pacheco Road and Panama Lane, Old River Road to Progress Road.
Friday, December 7, 2007
Between Paladino Drive and 178 Highway, Morning Drive to Columbus Street.
City area between 178 Highway and Azalea Avenue, Media Luna Avenue to Fairfax
Road.
Area between 178 Highway and College Avenue, east and west side of Fairfax Road.
Between Ming Avenue and White Lane, Allen Road to Old River Road.
Between Pensinger Road and Panama Lane, Freesia Way to Buena Vista Road.
CADOCUME-1\RKIRKW-1\LOCALS-1\Temp\XPgrpwise\Week of December 3_2007-Work Schedule.doc
B A K E R S F I E L D
November 28, 2007
Mr. John Casas
President
JT2 Integrated Resources
231 Market Place, #381
San Ramon, CA 94583-4743
Dear Mr. Casas:
We are in receipt of your November 28, 2007 letter addressed to Mayor Harvey
Hall. You are correct in that the City of Bakersfield issued a Request for
Proposal (RFP) for workers' compensation claim administration services on July
27, 2007. The RFP was published in the Bakersfield Californian as well as on
the City of Bakersfield's website. Oral interviews were conducted on November
15, 2007, and staff has made its recommendation to the City Manager and City
Council.
The City does not maintain a distribution list for service providers. We have no
record of receiving a request from your firm to be considered in any issuance of
RFP's for claim administration services, or any other services. The City does
maintain a list of potential bidders for supplies and equipment, but, is not required
to do so for services.
Using the "Workers' Compensation Resource Guide"West Coast Edition we
selected claim management firms that have claim administration service offices
located within 125 miles of Bakersfield. This parameter was selected because
City staff frequently meets with the claim administrator's staff at the TPA's office.
We sent RFP's to 11 claim management firms and received proposals from five.
Three firms were invited to participate in oral interviews based upon their
experience, professional qualifications and pricing.
We regret that you feel that your firm was denied an opportunity. We assure you
that you were treated in accordance with City of Bakersfield policies and
procedures.
Very truly yours,
Ralph Korn, CPCU
Risk Manager
Cc: Mayor Hall
City of Bakersfield . Office of Risk Management . 1501 Truxtun Avenue
Bakersfield • California • 93301
(661) 326-3738 • (661) 852-2030