Chico Unified: we want more money or we hurt the kids…

8 Feb

A couple of weeks ago we read an article in the Sacramento Bee detailing the failure of the California State Teachers Retirement Fund – CalSTRS. Here’s the latest from Cal Watchdog:

http://calwatchdog.com/2017/02/03/pension-funding-catastrophe-threatens-california-schools/

Yes, as Chico Unified School District finance director Kevin Bultema told me, ” The increase PERS and STRS costs are certainly a challenge for the district’s operations budget and will need to be addressed with either increased revenues from the state or cuts in CUSD’s program expenditures in the future.”

I hear “we want more money or we’ll hurt the kids…” What do you hear? 

The bums aren’t the only problem with Bidwell Park

6 Feb

I haven’t given up on Bidwell Park yet. I had to respond to a letter writer who complained to the Enterprise Record that the city was removing too much plant material from the park. David Little complains that he’s getting so many letters about Donald Trump, its taking him a week to post the average letter to the editor, so I’ll post it here:

On December 27 I contacted the city of Chico to report an extensive transient camp in lower Bidwell Park. City manager Mark Orme thanked me and assured me that the city would follow up “at this specific site”.  

Over the next month I continued to find and report illegal campers in the same area, watching city staff chase them from one spot another, piles of trash left behind that included bike parts. Some sites were scattered with city-provided plastic bags full  of fecal  matter, whether from dogs or humans I wouldn’t know.  

Massive stands of non-native berry vines are tunneled into, dead limbs are arranged to conceal the campsites. Some of them appear to have been used for years. They are kept just out of sight of main trails and the road by the intense tangle of non-native and  dead vegetation. 

After a frustrating month of reporting these sites,   I was relieved  to see city crews have removed enough vegetation so that  campsites will be visible from the road for Chico PD. 

The city must continue to remove non-native, overgrown and dead vegetation from Bidwell Park. It’s not just about the bums – our big oak trees are in trouble, being smothered out by invaders like Himalayan blackberry, English ivy, privet, and vinca.

Unfortunately the park is in serious trouble after these storms. On a bike ride yesterday I saw sections of the south road that are falling into the creek. Dead trees laying across the creek cause the water to spread out toward the road, undermining the pavement. 

The north park road is a big mess from not just car traffic  but the garbage trucks the city sends in once a week to empty the trash cans. The city crews used to go in with a pick-up truck, but the city says they save money by using Waste Management. Really? 

This is gross mismanagement. It started years ago  under a “liberal” majority, but continues full speed ahead with a “conservative” majority that spends all our budget on salaries and benefits, and tells us we must pay more if we want the type of services generally expected out of a city with a $100 million budget and management paid upwards of $200,000 a year with 88 – 91 percent of their benefits paid by the taxpayers. 

Silly us! We, ourselves, are to blame, we let this happen.  The longer we let it go on, the more we are to blame.

I’ll continue to take pictures and post them here, send them to ER Hot Shots, and maybe even to the city council. You do same.

Hello?

CARD makes some changes in their plans for a phone survey, now scheduled for late February

4 Feb

Since I wrote a letter to the Enterprise Record telling people to watch for a CARD survey in late January or early February, the ad hoc committee that was formed to make arrangements with the consultant has called for a few changes. For one thing, contrary to what the consultant told the board at the meeting I attended, the survey will now include a question about “ a potential revenue measure,”  according to GM Ann Willmann. The consultant had told the board, there would be no mention of CARD, no mention of a revenue measure, just a vague discussion of what kind of activities people were interested in. 

At least now they will be more honest, but I’m guessing there will be no mention of their $1.7 million pension deficit, expected to grow by roughly $57,000 a year. This needs to be part of the discussion. They also need to answer for years of neglect at various facilities,  such as Shapiro and Pleasant Valley pools. They need to explain the decision to buy the rot-riddled and non-ADA compliant money pit known as Lakeside Pavilion. They need to explain what happened at DeGarmo Park, the flooding of the play field, the failure of the playground facilities, ten’s of thousands poured into repairs at that park since it opened. They need to be more up front about how they fund management pensions at the expense of other employee’s hours and benefits and deferment of maintenance to their facilities. 

They seem to be very defensive about the aquatic center. I didn’t even mention that in my last letter. They just want to avoid the questions I’ve raised about their pensions and other silly expenditures.

Phone survey for CARD planned for late February

By Laura Urseny

lurseny@ chicoer. com @ LauraUrseny on Twitter

CHICO >> During the week of Feb. 20, hundreds of Chico households will be getting calls, asking for a few minutes of time to answer some questions about recreation.

The survey is sponsored by the Chico Area Recreation and Park District, which wants to know residents’ feelings about recreation and CARD itself.

“ We’re rea lly tr y in g to determine what people know currently about CARD, how CARD is doing, what they would like to see in parks and facilities in the community, and how they recreate,” said CARD General Manager A nn Willmann on Tuesday.

Last year, CARD’s board of directors budgeted up to $ 38,000 for a contract to EMC Research of Oakland for the survey. EMC hopes to get at least 400 responses.

The survey will also ask a question about “ a potential revenue measure,” Willmann said.

That revenue measure was the catalyst for this survey and much of what happens in 2017. EMC Research did a similar survey for the Chico Unified School Distr ic t , which was able to put a successful bond measure on the November ballot for district improvements.

CARD has been considering building an aquatics center, which has been part of its master plan for years. The closure of C A R D – op er at e d S h ap iro Pool in 2016 pushed up the significance of the proposed center.

CARD has not had the money to build it, but has discussed a way to raise money for it, and possibly other CARD priorities. The board has been talking about a tax, choosing between a set per- parcel tax or a “ benefits assessment” tax on property owners based on property valuation.

Regarding the survey, Willmann said the board expects to get a repor t from EMC in March. After that, CARD will look at doing a public relations campaign to help the community better understand what CARD does and determine what the community wants in regards to recreation.

Another sur vey could follow the campaign to gauge its impact, and then CARD would determine whether to proceed with a revenue measure.

Willmann said the survey will include questions on the proposed aquatic center, but not ex tensively.

“ It’s about all forms of recreation, not just will CARD build a pool.”

Willmann said information culled from the community interaction may also be used in the general plan update, which is going on currently.

CARD’s board budgeted $ 28,000 for the sur vey, and a total of $ 80,000 in regards to the steps leading up to deciding on the revenue measure.

Poor spending decisions just lead to more poor spending decisions at Chico Area Recreation District

2 Feb

As my husband and I got on our bikes to head for a special Chico Area Recreation District board meeting, I noticed big wet dots on the old corn planter that sits alongside my driveway.  We’d  been hustling through chores all day, busting around town on errands, and I was tired. The big rain drops seemed to be  saying, “Oh forget it Juanita, you shouldn’t be out right now, go in the house and pull the covers over your head…”

My husband had already pumped the tires on our bikes, he’d adjusted the old Sturmy Archer on my 1956 Raleigh Superbe – I couldn’t disappoint, so I mounted up and we headed for the sprawling bum camp known as “Bidwell Park.”

I was surprised, my husband showed me what he’d discovered earlier in the day walking Biscuit in the section of Middle Park alongside our neighborhood- the bums were gone.  The leafy overgrowth and dead trees that had sheltered their illegal campsites were gone.  You can actually look right  through it from your car on Vallombrosa. 

This is just what I knew needed to be done, but I thought the city was dragging their feet, and I didn’t believe they would do it. When Mark Orme told me the program that employed jail inmates to clean the overgrowth was losing funding, I lost hope. My husband and I stopped using the park for a few days, taking Biscuit farther from home, which took more time out of our day and used precious fuel.

Wow, turns out, I owe Mark Orme and staff a big thank you.  We’ll see how long this lasts. 

By the time we got to the freeway overpass the rain drops were starting to splash on my eye glasses, and I wondered what kind of storm we were getting ourselves into. I was wearing wool from head to toe, you know how wet wool feels. And smells. We made it to the CARD center and locked up our bikes. We noticed the roof top skylights had been covered with heavy plywood, wondered what was up with that but forgot to ask. 

As we walked into the building I felt a sudden panic – I had forgot to check the location of the meeting, I’ve done that before and ended up at the wrong location. We found the room where meetings are usually held was busy with some sort of meeting or class.  I was really feeling stupid when my husband noticed the open doors at the end of the hall, board members seated around a table in the “big room.”

We sat down with the League of Women Voters observer – I appreciate the league covering these meetings. They pay attention to legalities, like the Brown Act.  She immediately asked if there were copies of the agenda for “the audience”, and yeah, the staffer had to go make copies. They really don’t expect the public to attend, I was shocked they put out chairs.

It was all very nice and chatty.  The meeting started promptly and was well run. Ann Willmann gave her report as to why the roof job  would need an additional $75,000.  Willmann is personable and professional. She said that removal of the roof tiles had exposed a layer of moisture soaked fiberboard. That would need to be removed. The “good  news” is, she said, they would now be able to add a layer of R-14 insulation, which hadn’t been in the plans. 

As an old landlady, I had to wonder – weren’t they planning on taking off the whole roof anyway? Didn’t they know how rotten it was when they purchased this building just four years ago?  Wouldn’t they have been wise to plan the insulation from the get-go? As board member Michael Worley pointed out, this would result in a huge savings for PG&E. 

Ever wonder what it costs to keep a building like Lakeside Pavilion lit and heated/cooled? 

Willmann had more “good news” – the contractor had suggested, since they would be removing the whole roof, how about removing those ugly columns – they look like Stone Henge, he said, and will  no longer match the roof. So that was added to the cost overrun.

And of course that will necessitate repainting.

All this “good  news”! 

They’ve already budgeted and spent $250,000 on this roof job.  So what’s another 75 Grand?

These people talk about $75,000 as if it’s chump change. I’d like to remind them, the median income among people who don’t have their snout in the trough is $43,000/year. They’re talking about almost twice that amount for a budget appropriation for a roof job. 

They paid over a million for the building, and are currently paying interest only. This is paid semi-annually – $38,351 twice a year. CARD still owes $915,000 on Lakeside Pavilion, at 5.75 % interest.  

In 2015 they spent $6,000 on dry rot, that was before they started the roof job. 

I’m guessing they have not begun the updates for Americans with Disabilities Act requirements. They did spend $40,000 on ADA requirements for the CARD center, but I don’t know if that is complete. 

I have to wonder again why they bought Park Pavilion in the first place. They could have put that money into maintaining Shapiro and PV pools, the skate park, and other facilities. They could have used that money to pay for more worker hours and the required benefits, but instead cut most workers to 28 hours or less to avoid paying benefits. 

And if you think Lakeside Pavilion is a money pit, check out the figures for DeGarmo Park – they’re paying 10 percent interest on $700,000, with payments of about $82,000/year. That park was bought in 1996 – they have already spent tens of thousands on repairs. That’s in the budget, look for it yourself. 

This agency’s actions do not warrant more tax dollars. When recently pressured by CalPERS for more money, they only raised employee contributions from zero to 6.25 percent, with “classic” members paying only 2 percent. They expect the taxpayers to foot the rest of the bill, for salaries that could support three families. 

It’s time to be vigilant, these agencies are under more pressure from CalPERS all the time. They would certainly rather pass the buck  along to the taxpayers, it’s time to tell them how you feel about that.

 

CARD staff to appropriate an additional $75,000 to fix rotten Cal Park Lakeside Pavilion roof

1 Feb

Chico Area Recreation District posted a cancellation notice of their January board meeting on their website:

The January 19, 2017 Regular Board Meeting has been cancelled.

The next Regular Board Meeting will be on February 16, 2017. 

But they didn’t mention a “special” board meeting scheduled for 3:30 this afternoon. They probably didn’t want us to know they’ve gone way over budget on the mammoth repair job they call “Lakeside Pavilion.”

They’re on the hook for over a million dollars for that building, which was riddled with rot and non-compliant with the 1990 Americans with Disabilities Act when they bought it. When I attended board meetings there, I found it a challenge to make it across the parking lot and into the building without tripping over buckled asphalt and cement. They said it would pay for itself with regular bookings for weddings, but that just didn’t happen. CARD director Ann Willmann told me they rented it to “Every Body Healthy Body” at a discount because they didn’t have any other bookings at the time. 

So, I will try to make it to their special meeting to find out why the roof repair has gone $75,000 over budget. Hope you can join us – that’s TODAY, at the CARD center on Vallombrosa Avenue, 3:30 pm.

No, Measure K was not “about the kids”

1 Feb

I forwarded the article from the Sacramento Bee that I posted here yesterday

http://www.sacbee.com/news/business/article128942009.html

to Chico Unified School District Finance Director Kevin Bultema, asking how the failure of California Teachers Retirement System would affect our school district. He responded,

Good afternoon Ms. Sumner,

This has been one of the key budget issues facing CUSD.  The recent downward adjustments in CalSTRS estimated investment earnings is adding additional pressure to employer contribution rates in future years.  Employees did have a small increase in their contribution rate in 2015-16 from 10% to 10.25%.  The employer contribution rate has increased since 2015-16 and is projected to increase each year through 2020-21.  We discuss the financial impact of the projected PERS and STRS rates at every budget presentation.  Below is a slide we include in all of our budget presentations to keep our board and the community informed of this issue.  I hope this helps answer your question.  Have a great evening. 

Bultema ran the Measure K campaign, but gee Beav, none of this stuff came up in his Argument For, nor in the rebuttal to my argument, where he and Mark Sorensen chastised me for not getting it. 

Maureen Kirk told me she was supporting Measure K because “The more I looked into it, I came to the conclusion that the schools really need our help and support. This does not support retirement and benefits and directly helps the students.”

I wrote to Kirk and Sorensen and chastised them for their support of Measure K, forwarding Bultema’s e-mail with the link to the Sac Bee. I hope you will do same:

mkirk@buttecounty.net

mark.sorensen@chicoca.gov

The rebuttal to my argument against Measure K claimed I didn’t “get it.” Well, do you get it now Mark?  Here Kevin Bultema admits, CalSTRS has been failing, but nobody mentioned that during the Measure K campaign.  It’s all about the kids, huh Maureen?  Just in case you don’t read The Bee, I included a link to the article I had referenced to Bultema, although I know Mark already knows exactly what’s going on.  Sincerely disgusted, Juanita

Kirk and Sorensen are both up in 2018.  Where can we find suitable replacements? 

Meanwhile, another thing to remember, Chico Area Recreation District has hired the same consultant to run their bond/assessment campaign, so be ready for LIES LIES LIES.

Thank a Teacher! California taxpayers will pay $153 million more a year for school district pensions

30 Jan

Thanks Bob for this article from the Sacramento Bee.

“CalSTRS will consider lowering its official investment forecast in a move expected to require higher contributions from state taxpayers once again for the teachers’ pension fund. The cost to the state could be an additional $153 million starting with the next fiscal year.”

 

I didn’t know this was legal:

Three years ago, the Legislature agreed to raise contributions to CalSTRS by billions of dollars a year. Assembly Bill 1469 affected the state, local school districts and teachers themselves. For example, the annual contributions from school districts is growing from $2 billion to $6 billion, although the increases are being phased in over several years.

The 2014 law does give CalSTRS some latitude to impose higher rates on state taxpayers without going back to the Legislature for permission. According to the staff report, Gov. Jerry Brown’s budget proposal for the new fiscal year includes an additional $153 million for CalSTRS, bringing the annual contribution to $2.8 billion.

No matter what Chico Unified said about crumbling classrooms, rot, mold, asbestos, old computers – it’s the pensions folks, it always has been.

Bidwell Park, once an asset, now a liability

26 Jan

Almost 15 years ago, my family bought this old crapper near Bidwell Park.  It had extensive rot, termite damage, needed a completely new roof – but, that was our business when we were young, buying old houses for cheap and working to make them into homes.

We went through all our permit inspections, and moved in. It was two years before the assessor came over to inspect – I believe he waited for the “McMansions” that had been permitted down the street to be built out, so he could use them in evaluating our house.

He showed up in my yard, with his clipboard. He asked to be let in the house, but I told him he’d have to come over when my husband was home – he was asking me technical questions I couldn’t answer, and some of the questions seemed inappropriate.

One thing he told me was that Bidwell Park would figure prominently in our assessment. Living so close to such a jewel was considered a great asset at that time. Oh yeah, Old Fred, he stuck us goooooood!

We have had a good life here, raising our kids in the house up front, and then moving into the little apartment we built over the garage since my husband retired and our kids moved off to their own homes. We have tenants up front now, raising their kids in the same house where we raised ours, how appropriate for us.

Unfortunately, nowadays, the park is neither a jewel nor an asset. I’ve spoken at length here about illegal camping, vandalism and theft in the Bidwell Park corridor. Well, here’s why – my family has invested everything we own in this part of town, and we’re watching our assets devalued every day by their association with Bidwell Park.

The other day one of my tenants who also lives within this neighborhood asked us to put up more security lights in her driveway. These lights aren’t free, the cheapest crap on the market is about $30, and we have to maintain them, including provide batteries.

But I don’t blame her, she’s only a  couple of blocks from the CARD center, where a young woman overdosed herself on heroin the other night. She’s only a couple of blocks from Mangrove Plaza, a transient hot spot.  There have been car break-ins within doors of her house. One of her near neighbors just dramatically pruned a row of shrubs because transients were using his hedgerow, right outside his front windows,  for a toilet.

To think, when I’ve advertised that rental, I’ve used Bidwell Park, Mangrove Plaza, and the Downtown area as selling points. Now I don’t know what to say – “15 minute walk to Bum Town!”

So I’ve tried to do what good citizens are supposed to do – I’ve reported the same stuff I’ve been posting on this blog to Chico PD, who sent me to the public works department. I was told I was a good citizen and my reports of crime are appreciated, but that’s where it stopped. Now I find the system is set up to encourage camping in the park. This old post by local blogger Jack Lee just about sums it up:

http://www.norcalblogs.com/postscripts/2014/04/01/camp-sites-okd-bidwell-park/

Here’s what happens when you report illegal campsites in Bidwell Park:

Sent: Wednesday, December 28, 2016 8:43 AM
To: Mark Orme <mark.orme@Chicoca.gov>
Cc: dlittle@chicoer.com; Maureen Kirk <mkirk@buttecounty.net>; Mark Sorensen <mark.sorensen@Chicoca.gov>
Subject: illegal campers in lower park

 

 Hi,  Yesterday  I reported an extensive and well-established illegal camp located along the “Fitness Trail”, between Stations 3 and  4 and the park road, to a park division employee. She told me she would alert park rangers. I saw five tents, an e-z-up, and mounds of trash.  As of this morning, it’s all still there, and there’s more trash. Is the city actively pursuing citizen’s complaints about illegal  camping? 

 Juanita Sumner

 

From: Mark Orme <mark.orme@Chicoca.gov>
Sent: Wednesday, December 28, 2016 9:58 AM
To: Juanita Sumner
Cc: dlittle@chicoer.com; Maureen Kirk; Mark Sorensen
Subject: RE: illegal campers in lower park

 

Ms. Sumner,    Again, thank you for your reporting of this.   As additional follow-up, I can tell you that the Park Rangers did engage with this group yesterday, after the report was received.   Additionally, the Rangers have engaged and ticketed this group of illegal campers several times over the past week.  The Park Rangers are coordinating with the Police Department for follow-up today for this specific illegal encampment.  

Respectfully,
Mark

 

Sent: Sunday, January 1, 2017 4:24 PM
To: Mark Orme <mark.orme@Chicoca.gov>
Cc: dlittle@chicoer.com; Maureen Kirk <mkirk@buttecounty.net>; Mark Sorensen <mark.sorensen@Chicoca.gov>
Subject: Thanks

 

Hi Mr. Orme,   When we went to Bidwell Park this morning  to inspect the illegal campsites we reported to you last week, we were happy to see the trash piles we’d encountered the past few days had been collected. Thank you for your quick action on this illegal campsite, I believe a quick response is necessary to discourage repeat offenders. We walk in that area and other areas of the park every day and will continue to notify you of any illegal activities we see anywhere on city property.

 Thank you for your due diligence to this matter, which is, of course, central to keeping Chico a beautiful city.

 Juanita Sumner

From: Mark Orme <mark.orme@Chicoca.gov>
Sent: Sunday, January 1, 2017 7:55 PM
To: Juanita Sumner
Cc: dlittle@chicoer.com; Maureen Kirk; Mark Sorensen
Subject: RE: Thanks

 

Thank you for your follow-up Ms. Sumner.   Much of the credit goes to City staff for their effective approach.  However, the best means of allowing staff to succeed is for aware and willing residents to inform the City of these types of issues – so many thanks to you. 

 Have a good evening,

Mark

Sent:Wednesday, January 18, 2017 6:33 AM
To: Mark Orme <mark.orme@Chicoca.gov>
Cc: Mark Sorensen <mark.sorensen@Chicoca.gov>; Maureen Kirk <mkirk@buttecounty.net>
Subject: Re: Thanks

Hi,    Yesterday morning walking in Bidwell Park, my husband found a group in a tent, right on the main trail there near Bryant and Vallombrosa. As he stood on the trail taking a picture a woman confronted him. He told her he’d be calling the police – when he came back that way the tent and occupants were gone. I do have pictures of the tent  posted on my blog.   I’m beginning to question the safety of walking in Bidwell Park in broad daylight. We live only about two blocks away. My tenants constantly worry about their car being broken into since our neighbors had a break-in across the street. My son who lives at another one of our rentals nearby had someone break into his car to rifle his glove compartment, and then use the car as a block while they defecated in the driveway off my son’s front door.  His neighbor, a retired law enforcement officer and former director of Torres Shelter, had her car broken into several months ago – window smashed out.  We believe the park is central to these problems, that these people are sheltering in the park and then predating our neighborhoods. 

  I know you guys discussed more staffing at Chico PD last night – when can we expect regular, morning and evening sweeps of the park?

 Thanks, at your convenience, for your reply – Juanita Sumner

LATER that day…

Ms. Sumner,

 Thank you again for your input.  I’ve cc’d the Police Chief and Public Works Director over Operations on this e-mail, as they may have additional feedback to give.  I can tell you that staff is evaluating every opportunity to move forward with an effort to deal with this situation more aggressively.  One potential program we are working on is furthering the bond between our public works team and the Police department.  They already have a great working relationship, but we’re looking at a creative approach to securing an even smoother ability to deal with these park issues.  It will roll out during the budget process.  As for now, the Police Department and Public Works will continue to monitor and conduct sweeps on a regular basis…although not as often as staff would like to be able to do, simply due to resource constraints. 

Have a great day,

Mark

Here’s where Police Chief Mike O’Brien and Officer Scott Zuchin came into the conversation. O’Brien contacted me on January 18.

“Both the Rangers and our Police Officers move campers out of the Park, but it is helpful to have the specifics as to when and where.  I am including Interim Lieutenant Scott Zuschin in this email and would ask that you reach out to him specifically with the specifics of the camping sites.  I/Lt. Zuschin oversees our Target Team, as well as coordinating with our Rangers in dealing with issues in our city parks.  I will have him coordinate to address these issues.”

The conversation went completely off track at that point because I had cc’d Third District Supervisor Maureen Kirk, and she brought up concerns about her own neighborhood, Cal Park. I casually mentioned to her that I’d seen a tent off Hwy 32 near Cal Park. That got Zuchin off on the wrong track from the get-go. Zuchin responded to Kirk’s concerns, 

“Greetings… The Target team linked up with realtor Tamara Lambert-Valencia from Coldwell Banker DuFour to address the encampment issue near the water tower located inside the new Oak Valley subdivision two weeks ago. This camp is no longer an issue. Target will continue to work with the realtor and developer as crime and safety issues arise. Please give me a call. I can arrange a neighborhood meeting with the Target team to discuss your questions and concerns.”

I was stupid enough to argue with a cop – I had to tell him I’d just seen the dam-ned tent the previous day. At this point I started to detect a little impatience on his part.

Please be more specific then. We may not be speaking about the same location. You may attach photographs to your email if that helps.

I responded with clear directions to the tent, which was set up next to a little creek running alongside the new water tower and subdivision below it. I didn’t get any follow-up. When I sent him photos of a homeless encampment in Bidwell Park the next day, I didn’t get any response.  I realize it was Saturday.   I had complained to O’Brien that there is no way to report illegal camping online, and we’re told the phone is for emergencies, so he gave me Zuchin, who’s only available Monday through Friday 9 – 5. 

So I forwarded that request to Mark Orme the following Monday, asking for follow-up. I told him the campers were still there as of that morning. This was January 23. Orme did not respond to me personally but forwarded my request to Public Works staffer Erik Gustafson.

“Copy, I’ll forward to Rangers right away and have them connect with Sgt. Zuschin for notification status.  Thanks, Erik”

Later on Monday I heard from O’Brien.

“We are looking at Wednesday to have this resolved…PD and Parks are in contact to make it happen.”

By Tuesday, my husband had already noticed, the transients had moved their tents, leaving mounds of trash, including bike parts. I got another note from Gustafson,

“Good Morning.  Wanted to let you know that notice was posted at this particular location yesterday 1/24.  Per our notification terms, they have 48-hours to remove themselves and their property.  If cleanup is needed it will take place on Thursday 1/26.  This location will be included with several others and will be managed by a City Park Ranger, but performed by the inmate Alternative Custody Services (ACS) program.”

48 hours notice? I asked about that.

Thanks for the update.  I read the city code, camping without a permit is illegal. Could you give me a simple explanation, why we have to give these people 48 hours to vacate, especially when there is evidence of criminal activity, like bicycle parts laying all over the ground?  I would appreciate it if you could direct me to the written laws that cover this.

 Gustafson explained, “Good Morning.  The 48-hour notice is used for un-occupied encampments and is intended to give a short amount of time for folks to collect and remove their personal property.  It’s an internal policy based on City Attorney recommendation.  The City Attorney reviewed several cases that had been brought against larger Cities and recommended the notice term.  The term is intended to remove items in a timely fashion while still observing the Fourth and Fourteenth Amendments. “

Here’s the Fourth amendment:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Could anybody explain to me how the above protects someone from being ejected from an illegal campsite? Where does it say you can’t give somebody a ticket for an illegal activity? I’m not a lawyer, but I would say a ticket is proof of probable cause, and notification that your stuff is going to be seized if you refuse to leave or remove your belongings. In fact, the city could put signs up in these areas, saying that camping is illegal and personal belongings left on the premises will be seized and held for 30 days. That would cover the place to be searched, and the persons or things to be seized. Instead they warn these people again and again, cops pretending they don’t recognize the same person they warned for the same offense as little as eight hours previous.

Of course, this rule doesn’t seem to affect clean-up of abandoned sites. Look at some of the pictures I’ve posted – how do you decide, what’s trash, and what’s personal belongings? This all seems very discretionary to me.

Here’s the Fourteenth Amendment, Section 1, which was the only section that applied even remotely to this situation: 

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Yes, it goes back to due process.  The essential problem here is that the city does not have “No Camping” signs or signs which explain the penalties of the ordinance. As far as I know, the city has no penalties for public camping, public defecation/urination, nudity, drug use on city property – none of it. 

In other words, Bidwell Park is open for camping. It’s a de-facto bum camp and they aren’t going to do anything about it.

When I get up the nerve, I’ll contact the assessor’s office and ask them when they will start giving exemptions for properties within close proximity to Bidwell Park.

Bidwell Park and Playground Commission aware of “transients dismantling bicycles and other unsavory activities…” but what have they done about it?

25 Jan

I found this three year old report from the Bidwell  Park and Playground Commission,

Click to access BPPC_AgendaandReports_13_1028.pdf

In 2013, rangers reported 98 “warnings” for illegal camping in the park but only 54 citations.  The first thing I hear is, the rangers aren’t looking hard enough, or they’d have at least 365 warnings. The second thing that occurs to me is, why so few citations? And, I have to ask – what happens with a citation?

So I wondered if the commission is still hearing these reports. I looked at their website here

http://www.ci.chico.ca.us/government/minutes_agendas/bidwell_park_playground_commission.asp

and looked over agendas and minutes of recent meetings. I found they’d just had a short conversation about it at their October 24 meeting.

Butte County Homeless survey. Commissioner Reddemenn asked how the Park Rangers are dealing with the transients in the park dismantling bikes and other unsavory activities. [Staffer Dan] Efseaff replied we are getting more cooperation from PD and are trying to focus on area and look at our approaches. Reddemann asked what to do if she witnessed possible criminal behavior. Efseaff; call PD.

I will write a note to the commission and ask them what’s being done about the entrenched encampments in my neighborhood stretch of Bidwell Park. I think what the city needs to do is get bulldozers in there to clear out non-native, overgrown, and dead vegetation. And that’s just a start. 

The park looks like a hobo camp, therefore it has become a hobo camp.

New twist on Robin Hood

24 Jan
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Can you see what’s wrong in this picture?

This was left behind in the areas where we have found illegal campers in middle Bidwell Park. They seem to have moved their tents to a new location, and left their garbage.

The first things that catch my eye are the bike parts. Of  course garbage is also disgusting, but there’s more going on here than littering.  Is Bidwell Park, like Lindo Channel, a sprawling no man’s land of criminal activity? 

The tents had been moved to different, but not new, locations. These well-worn paths usually lead either to an occupied tent or a pile of garbage.

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These muddy, beaten paths lead into the tangled mess of non-native overgrowth, frequented by transients.

This is a crime problem –  criminals who can pick up and move anytime they want, move in and out of your neighborhood in the dead of night, and disappear into a jungle of a park that runs the entire breadth of town.