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Home My WebLink About05/20/2011TO: �� SUBJECT: OFFICE QF THE CITY MANAGER Honorable Mayor and City C nc� '� Alan Tandy, City Manager General Information State Budqet News ■ The Governor released his FY 201 1-12 Budget Revision this week, whic� original proposal to eliminate redevelopment agencies. Please see memo from Finance Director Nelson Smith regarding potential impact ■ Some good news out of the revise is that the Governor has propo funding for POST - which reimburses local law enforcement agenci costs. A previous edition of the budget had the $20.6 million in func being under the control of the County. T. R. I. P N ews •3 We just received notice that a draft EIR is being circulated by Cal Tra from Wilson Road to 1 19 from three lanes to four. For some time the TR have been working with KERN COG to get an allocation from saved � for this purpose. That appears to be moving in a positive direction, thc more steps before it is certain. Further back is also an effort to widen c North. High Speed Rail News ♦ High Speed Rail Authority Chairperson Curt Pringle was the keynote luncheon this week in Bakersfield. The presentation was very genei providing no detailed route information and did not address the conc continue to have about the lack of public outreach. Miscellaneous News • I will be on vacation most of the week of May 31 St - June 3�d. Steve T� charge during my absence. As usual the office will have my contact ir Honorable Mayor and City Council Generai Information May 20, 201 1 Page 2 Recreation S� Parks News O Four new parks are scheduled to open in 201 l. Staff recently provid� on the progress of each: o Sports Village (Phase I) - The project is largely complete. ThE working on turf establishment and weed control which has beer to the weather. AYSO, which will be operating the facility unde� the City is to prepare the concession area. o Greystone Park - The park is complete and staff is waiting � become established before opening to the public. The park open on June 7rr,. o Kern River Upland and River Edge Restoration - All of the granite trails, landscape and planting has been completed. Th� working on the kiosk information stations and the pedestriar anticipates completion in late May 201 1. o City in the Hill Park - All of the rough grading is complete. The cc tennis and basketball courts has been installed and the irrigc approximately 70 percent complete. The anticipated comp August 201 1. These projects are primarily funded with grants and development City Budqet News �� Stockton: Elected leaders Tuesday unanimously declared another fisc aimed at avoiding deep service cuts and put pressure on labor group members implored unions to agree to concessions as the City struggl a projected �37 million deficit by July l. If the city and its labor gro� deals before the end of the fiscal year, officials will likely use the fisc� declaration to impose pay and benefit cuts on workers. Pension Reform ✓ Lodi: For the first time in Lodi's history, the city is asking all of its employE their pensions to help offset steep increases in retirement costs. Staff negotiations with all of the city's unions, and will ask employees to pc pension costs to help offset a$1.2 million increase during the 201 1 fisc which starts July 1. Honorable Mayor and City Council General Information May 20, 201 1 Page 3 :- The April 2011 Recreation and Parks Monthly Report (please note indicates a June 14th opening for the Sports Village, it has been post� in the summer) Referrals ❑ Councilmember Couch: o Structure near the Kern River o Budget Item: Accounting of the PG&E Surcharge ❑ Councilmember Hanson: o Budget Item: Streetlights in the Stockdale Estates Area ❑ Councilmember Salas: o Online Public Participation o Online Customer Service AT:rs:ch cc: Department Heads Roberta Gafford, City Clerk MEMORANDUM TO: Honorable Mayor and City Councilmembers FROM: Alan Tandy, City Manager Nelson K. Smith, Finance Director DATE: May 18, 2011 SUBJECT: Local Impacts of the Governors State Budget May Revised Proposal On Monday, May 16, 2011 the Governor presented his May Revision of the proposed ; for fiscal year 2011-12. His proposal attempts to handle the estimated remaining billion with a combination of tax extensions and program cuts. His proposal i elimination of 5,500 state jobs and the elimination of 43 boards and commissions. The top issue of local impact for Bakersfield is his continued plan to eliminate rec agencies. He expects this action to solve $1.7 billion of the estimated $9.6 billion gap. On a positive note, the Governor plans to maintain current levels of public safE However, most of this support is based on the assumption that the temporary increases and vehicle license fees are extended by a vote of the people for another five years. The revised proposal also includes an additional $1.0 billion in Prop. 1B funding for � related areas, including $134.8 million for Highway 99. Additionally, the propos another $63 million in Prop. 1 C grant funding for housing and community developmen The State Legislature will now begin budget hearings with the hope of presenting a fin the Governor by the June 15, 2011 deadline. We will of course continue to monito� activities in Sacramento and keep you apprised of their actions and how it impacts our � F A K E I� S F I E L D Public Works Department Raul Rojas — Public Works Director PRESS RELEASE FOR IMMEDIATE RELEASE Contact: Rick Millwee Thursday, May 19, 2011 Construction Super (661) 326-3049 The City of Bakersfield is set to proceed with a project to reconstruct St between Panama Lane and Pacheco Road. Beginning on Monday, May 23, 2011, traffic will be reduced down to one lan� direction during construction. In addition, access to side streets and drivewa closed only for the period of time that reconstruction is occurring at that int� Detours and alternate access points will be provided during these closure peri� will result in traffic delays, so drivers are urged to use alternate routes. The estimated date of completion of this project is July 18, 2011. The City public for their patience during this period. For more information, please contact Rick Millwee, Public Works Coi Superintendent, at (661) 326-3049. ### Fiscal crisis made official j Recordnet.com http://www.recordnet.com/apps/pbcs.dll/an News FISCAL CRISIS MADE OFFICIAL EMERGENCY DECLARATION AIMS TO AVOID DRASTIC CUTS Prnt th�s Att�le Emdi this Article Photo 1 of 2 � Zoom Photo + � �: � ,: _ i�.. Text S¢e: A � A � A � s� �� '°� - �. . �� . b � __ p � .� . � `� -�..,� ` �� , � � ��`.. �_ -_ ' .. - ' �' � Stockton Ciry Counc�a,oman Susan Eggman addresses those left in the audience l uesday after budget d'scussions at the munds meeting SANDERS/The Record By Daniel Thigpen May 18, 2011 Record Staff Wr�er May 18, 2011 12:00 AM STOCKTON - City Hall and its police officers union continued to negotiate pay cuts as elected leaders T declared another fiscal emergency aimed at avoiding deep service cuts and putting pressure on labor gr over the next month. Before the unanimous vote, City Council members implored unions to agree to concessions as the city s to balance a projected $37 million deficit by July 1. "I believe we have value in this city," Mayor Ann Johnston said, "and we don't want to be on the side of 1 in a heap when this is all over, unable to get up." In a separate action, the City Council also unanimously hired lawyer John Knox of Orrick, Herrington &� LLP, the law firm that handled the city of Vallejo's 2008 bankruptcy. City Manager Bob Deis has said Kn� charges $875 an hour, will assist the city on disclosures to the financial markets. If the city and its labor groups don't strike deals before the end of the fiscal year, officials will likely use 1 emergency declaration to impose pay and benefit cuts on workers. Police union leaders said this week that the department is bracing for at least 40 early retirements in co. weeks as the city's fiscal crisis worsens. Such an exodus could cost the city millions in one-time payoffs unused vacation and sick leave. The deficit estimate reflects ballooning employee costs and assumes the city loses outstanding labor di� with its �ublic safetv unions that arose from last vear's fiscal emerQencv declaration. 1=iscal crisis made official � Recordnet.com http:/Iwww.recordnet.com/apps/pbcs.dll/ar suspects some unions are stalling. "We've got some employee groups that think they would be better off in bankruptcy, and that's unfortun� said. Union leaders with the Stockton Police Officers' Association, whose corrtract doesn't expire until 2012, : false. "This group absolutely does not want bankruptcy," said David E. Mastagni, the union's lawyer. The police union on Monday continued to meet with city negotiators and said officers modified an offer r week. Officer Steve Leonesio, the union's president, said the union is willing to increase furloughs, contribute 9 of pay into retirement, pay more for health care, restructure longevity incentive pay and defer a 3 perce until 2013, allowing for a contract reopener if the city by then believes it still cannot afford the bump. In exchange, the union wants a corrtract extension until 2014 - not 2015, as proposed last week. Leone: that would bring the union in line with at least two other labor groups whose contracts expire in 2014. Le noted that city leaders adopted a budget principle last year that aims to have all contracts come due at time. The proposed concessions could save $9.2 million in the upcoming fiscal year, the union estimated. But Deis said the city disputes about $2 million of the union's estimated savings. He also said the union i mischaracterizing its offer to potentially defer officers' 3 percent raise in future years, because both side have to agree to suspend the increase. The proposed contract extensions and pay raise deferral only continue past practices that have contrib� Stockton's fiscal mess and could exacerbate future estimated deficits, he said. "The council's looking for some structural change so we're not constantly revisiting this stuff," Deis said. The Police Department's share of the deficit is estimated at more than $14.2 million. Officials have said reach that level of cuts would require eliminating 19 sworn officer positions and more than 100 civilian jo Mastagni said the rank and file might be more willing to give up pay if Deis and other top managers also cuts. He cited Tracy City Manager Leon Churchill's proposal last month to reduce department head compensation by 8 percent. Deis, whose base salary is $240,000 a year, said he already has declined a 3 percent educational incer and cut his pay through furloughs. He said he also will pay his full 7 percent share toward retirement sta 1. "I don't know what other cities have done," Deis said. "That's comparing apples to oranges." In other action, the City Council also approved extending two consultant contracts for a combined $277, is a human resources and labor relations consultant, and the other is evaluating the city's health plan. Deis said both consultants already have identified potential city savings. City of Lodi faces steep pension increases - Lodi News-Sentinel: News http:!r'www.lodinews.corru'news/article _e28 City of Lodi faces steep pension increases By Maggie Creamer News-Serrtinel Staff Writer � Posted: Saturday, May 14, 2011 12:00 am For the first time in Lodi's history, the city is asking all of its employees to pay into their pensions to help offset steep retirement costs. Eariier this month, Lodi's top managers agreed to pay 7 percent of their pension costs, which is the maximum albwe� Staff is currently in negotiations with all of the city's unions, and will ask employees to pay a portion of pension costs $1.2 million incr�ase during the 2011 fiscal year abne, which starts July 1. "We desperately need to provide an education efFort to our employees so they understand with the rising cost of our those dollars will not be used for other things, whether it is bodies for services or capital projects," City Manager Rad costs have tripled in the past seven years. It is just not sustainable." One of the city's main unions, the Lodi Professional Firefighters Association, plans on paying a portion of their costs, e believe city leaders created the problem by mismanaging money when the economy was booming, union president Bi On a statewide level, pension reform advocates are concemed that even if cities do everything in their power to reduc be enough. The total costs for city of Lodi pensions increased by almost $S million in the last decade to $7.1 million for this fiscal June 30. By 2013, that number is expected to reach $9.8 million. Every city in the state is also seeing costs skyrocket. In GaR, pensions increased by $171,590 from 2010 to 2011 ak In 2010, Galt paid $1.7 million, and that number is expected to increase to $2.4 million by 2013 — a$631,274 incre< The sudden, steep increases are because the Califomia Public Empbyees' Retirement System lost 30 percent of its to during the recession, Bartlam said. Cities, counties and other bcal agencies will have to gradually pay back those cost 15 years. In Lodi, employees have agreed for the past three years to a variety of concessions to balance the city's budget, incl� pay cuts, and eliminating city contributions to an optional retirement plan separate from a pension. But with revenues stagnating, and pension and health care costs rising, the city is now asking for employees to start c The Lodi Police Officers Association President Paul Blandford said it is important to remember that in some cases office portions of their benefits package, including pension contributions, instead of a raise. "At some �oint, evervthina is neaotiated." he said. City of I,odi faces steep pension increases - Lodi News-Sentinel: News taxpayer money in the future," Doell said. http://www.lodi news.corr�news/article_e28 Doell said firefighters are planning to pay part of their pension, but he is not sure what percentage. During the past six the union has offered to pay part of the employee pension costs, but city staff has declined that offer until this year. "I just know that our bargaining group is in a position to help the city in its long-term economic heafth," he said. Where are we arrerrtly doing, and what are the solutions? City leaders like Mayor Bob Johnson say ther�e is no question that the city of Lodi needs to look at ways to reduce pe "I don't think that anybody would disagree with me when it is said — and has been said by people smarter than I— tf system is unsustainable. We can't do business like we have in the past," he said. In the city of Lodi, swom police officers and firefighters receive 3 percent of their highest year of pay at the age of 50 employees recenre 2 per�cent at 55 based on their average three highest years of pay. So here is how it worlcs: If a police officer has worlced for the city for 30 years and reaches age 50, then the pension muftiplying 30 by 3 percent. So the reti-ee will receive 90 percent of their highest year of pay. Public safety is capped at 90 percent, while miscelaneous is not capped. Lodi adopted the retirement formulas in 2000, abng with many other agencies through the state. Cities cannot decre percentages for current or former employees. So local leaders really only have two ways to legally control pension costs aside from layoffs. Future employees could be put on a two-tier system, so any new hires could possibly receive a lesser percentage at < Bartlam said that the city plans to create a two-tier system, but it is a long-term solution because it will be years befc sees any savings. Doell said he has concems that the city will have a harder time retaining employees if ther�e is a two-tier system. "When you have employees doing the same job at the same classification and making a different salary or benefit pac of the day, that's not good," Doell said. The other option is to make workers pay part or the entire portion of their pension costs. Currently, the city pays the employee share of pension costs for all workers. That is a common trend in cities, but with the recent pension concems, cities are increasingly asking empbyees to pic tab. The executive managers and employees appointed by the council — including the city manager, city attomey and city pay 7 percent of their pension costs in the hope it would set the tone for future negotiations. State law caps how much cities and counties can make their employees pay toward their pensions. Swom firefighters officers can contribute a maximum of 9 per�ent while all other employees are capped at 7 percent. The city is currently negotiating concessions with all the unions to balance the budget for the next fiscal year, which st the city will be start another round of negotiations because all of the union contracts except two, will expire in Decem What if those changes are not enough? Even if the city creates a two-tier system and employees pay their full share, Bartlam has concems that in the future come up short. City of I.odi faces steep pension increases - Lodi News-Sentinel: News http://www.lodinews.com/news�'article_e28' "Cities are going to run out of options. I think we are going to see some bankruptcy because of these burdensome cc said. The goal of Fritz's nonprofit organization is to educate the public and state leaders about pensions, as well as to bok solutions. Fritz said there are a variety of modeLs, but they focus on three main sources for retirement. Employees would still he in addition they would draw from Social Security as well as another retiremerit account set up similar to a 401(k). A statewide change to a hybrid system is the only way to significantly reduce costs, Fritz said. Even with the options < said it is hard for them to implement them because unions have so much power. This becomes apparent when cities negotiate for a second tier and onfy decrease public safety to 2 percent at 50, inst 2 percent at 60. "The fact that they aren't going for most efficient savings tells me they are not working hard enough. ... You are in a c for the most cost-savings possible?" Fritz said. But in order for the Legislature to pass any type of pension reform, it needs to be supported by the unions. "If they do not take responsibility, it's not going to happen, and their members are going to suffer the most because t vote for tax increases while this pension problem continues," she said. Johnson said it is important for the state Legislature to find a solution, because they passed the law creating enhance� 2000, which created this mess. "We are the ones stuck between a rock and a hard place while the Legislature throws kitty litter at each other while cc budget," Johnson said. As a public employee, Doell said he is frustrated when people talk about pension costs being an unfunded liability. He believes the city has made a commitment to employees, and it should stick with the agreement, especially becaus made pay and benefit concessions during negotiations to receive these pension benefits. He compared it to buying a home. 1�Nhen someone takes out a loan, it's because they cannot afford to pay $250,000 they are making a commitment to the lien holder — the bank — to make that payment regardless of what is happenii "Public employees are the lien holder, and the city had not been making good on their pension," he said. Blandford said that one of the other problems with the pension system is that it is hard to measure what is actually h� retirement accounts. "On the PERS website, they paint a diFferent picture than politicians paint. PERS says it's recovering and sustainable, w saying it's going to implode in a couple of years. I guess time will tell," he said. The private sector went through these changes in beneP�ts about 10 years ago, and there was still some resistance th Guako, manager of human resources for the city of Lodi. He said the city has to work with empbyees and understand that this is the first time some of the workers who have city for decades have been asked to contribute to retirement. "When someone is raised in a culture, and then you change the cuiture, you can't expect them to flip on a dime," Gua But he said there are basically two options: Have fewer people, which results in reduced services; or keep the same r employees to maintain service, and pay them less. Paqe 1 of 2 STREETS DIVISION — WORK SCHEDULE Week of May 23, 2011 — May 27, 2011 Resurfacinq/Reconstructinq streets in the followinq areas: Sealing streets in the area between Gosford Road & Ashe Road from White Ln to Stc Resurfacing streets in the area east of Oswell St and north of Brundage Ln (CDBG funded area) ResurFacing streets in the area east of Alta Vista & north of Flow (CDBG funded area) Preparing streets in the area west of "T" St & south of C� resurfacing Miscellaneous Streets Division proiects: Installing Handicapped ramps and repairing concrete in the Kern City area (CDBG funded area) Installing & Repairing curb, gutter & sidewalks in the area easl north of Niles St Video inspection of City owned Sewer & Storm lines to evaluate condition of pipes NOTE: If raining, there will be no street sweeping service and all street cleaning pers assigned to cleaning plugged drains and part circle culverts. THIS SPACE INTENTIONALLY LEFT BLANK Paqe 2 of 2 STREETS SWEEPING SCHEDULE Monday, May 23, 2011 Between Coffee Rd. & Verdugo Ln. — Brimhall Rd., south to the Kern River boundary. Cul-De-Sacs, west of Windsong St., between Brimhall Rd. & Thistlewood Ct. City areas between Rosedale Hwy. & Stockdale Hwy. — Verdugo Ln. to the west City I Between Jenkins Rd. & Allen Rd. — Stockdale Hwy. & Birkenfeld Ave. Between Hosking Rd. & Astro Ave. — So. "H" St. & Union Ave. Tuesdav, May 24, 2011 City areas between Olive Dr. & Downing Ave. — Coffee Rd. & Knudsen Dr./Mohawk S Wy. From Weldon Ave. to Meany Ave. Between W. Columbus St. & 34t" St. — Chester Ave. & San Dimas St. Beween Union Ave. & Madison St. — Casa Loma Dr. & White Ln. Between Westwold Dr. & So. Laurelglen Blvd. — Gosford Rd. & Woodglen Dr. Wednesday, May 25, 2011 City areas between Snow Rd. & Rosedale Hwy. — Jewetta Ave., west to the City limit. Between Ming Ave. & So. Laurelglen Blvd. — Coffee Rd. & EI Portal / Laurelglen Blvd Thursday, May 26, 2011 Between Snow Rd. & Olive Dr. — Jewetta Ave., east to the canal boundary. Between Olive Dr. & Hageman Rd. — Jewetta Ave. & Calloway Dr. Between Niles St. & Sumner St. — Union Avenue & Beale Ave. Between Sumner St. & E. Truxtun Ave. — Beale Ave. & Brown St. Between Brundage Ln. & E. Belle Terrace St. — Union Ave. & Kincaid St. Between Camino Media & Kroll Wy. — Coffee Rd., west to the PG&E easement. Fridav, Mav 27, 2011 Between Etchart Rd. & Pavilion Dr. -- Calloway Dr., west to the canal boundary. Date: To: From: Subject: • B� I� E R S F l E L D Department of Recreation and Parks May 13, 2011 Alan Tandy, City Manager ��_ �=, Dianne Hoover; �irector of Recreation & Parks April 2011 Monthly Report ADMINISTRATION: :- April Monthly Total Attendance: 77,578 (Includes all programs, reserv . . volunteers combined for the month.) Lowell Park Playground - The Lowell Park playground rehabilitation � awarded to W.C.C.R. Construction at the April 13, 2011 Councl Construction phase is underway. Central Park Playground - The Central Park playground rehabilitati was awarded to Brown and Fowler Construction at the April 20, 20 Meeting. Construction phase is underway. • Sports Village - Public opening is scheduled for June 14th. • Greystone Park - Public opening is scheduled for June 7th. • Mesa Marin Sports Complex - Project is complete. Public opening is for June 1 St. • Kern River Upland & River Edge Restoration Project - Public opening is for June 22na. • Shade Structures - Lowell, MLK, Jefferson and Planz playgrounds are to receive shade structures. Design is underway. • Kroll Park Shade Structure - U.S.A. Shade was the lowest bidder. Fund� moved prior to notice to proceed being provided. • Mesa Marin Sports Field Maintenance - NPM was approved at the Council Meeting. The first day of a three (3) year maintenance co April 1, 201 1. • Bright House Networks Amphitheatre: __ �ni i o;.,.... �n�...ii. �....,..,-,.-+ c,-,.;..,. DEPARTMENT OF RECREATION AND PARKS APRIL 2011 MONTHLY REPORT PAGE TWO o Movie at the BHNA April 23 (Sc For the first time, the River Lakes Community Church hosted a f prior to their Easter service at the amphitheatre. Along w service, the church sponsored a movie, "Despicable Me". A 750. o Easter Service April 24 (Su The River Lakes Community Church held its 5th annual Easter ser amphitheatre. Again, the event ran very smoothing mainly � church members handling the parking and pedestrian traffic. strategically placed from the various parking lots to the ampr guide the attendees. Also, electric carts were brought in to elderly and handicapped directly from the parking lot to � Attendance 4,000. • Special Events for the month of April included: o Yokuts Park, SIDS Walk/500 guests o Yokuts Park, Truxtun Radiology Relay for Life Canine Walk/200 g� o Kern River Parkway Trail, March of Dimes Walk, 450 guests o TPRW, Valley Achievement Walk, 300 guests o Beale Park, Ladies Active 20/30 Club Easter Egg Hunt, 300 guest. o Yokuts Park, American Lung Association Walk, 500 guests o Beach Park, Club de Pervianos, Soccer Tournament, 200 guests o Tevis Park, �aks Church Easter Egg Hunt, 400 guests o Yokuts Park, FARA Walk, 300 guests o Beach Park, Village Artisans Craft Fair, 1,000 guests • Total Attendance: 43,053 - Reservations/Special Events AQUATICS: • Attendance at the McMurtrey Aquatic Center decreased by 1 1% as to the same time last year. Total attendance for April was 5,74� attendance was 6,445. The decline in monthly attendance is attrik 19% decrease in high school swim team practice and high school attendance which was 2,959 for April; last April's attendance was 3,6� • Aqua Aerobics attendance increased by 181 % compared to same t in the prior year. Special Events: Ilnr�ic�rwntAr FC�rCtrnvr�cyn�n DEPARTMENT OF RECREATION AND PARKS APRIL 2011 MONTHLY REPORT PAGE THREE 100 Mile Club: o The 100 mile lap swim club is currently made up of 277 active mE The club has swum a combined total of 77,447 miles. One year c club had swum a total of 60,360 miles! • Aquatic activities currently taking place at the McMurtrey Aquai Include: o Lap Swimming 0 100 Mile Club o Water Walking o High School Swimming/Diving o Lifeguard Courses o Water Safety Instructor Courses o CPR/AED Recertification o Try Fly Fishing o Deep Water Aerobics o Kern River Divers o Kayaking o Stroke and Turn Clinics o Aqua Conditioning o SCUBA o Pool Care 101 • Total Attendance: 5,744 ATHLETICS: • Adult, Youth, Fitness and Adaptive Programs over-all attendanc month of April was 19,950 which is an increase from last year's attei 19,305. • Spring Adult Softball League: . o Forty make-up games were scheduled the last two we Patriots North and Soufih Softball Fields became playable duE o Park staff installed jox boxes, additional pegs, and storage at Mesa Marin Sports Complex this month. o Connors Concessions has been working on the installation o system and purchasing eq�ipment for the concession at Mes League of Dreams-Adaptive T-Batl: �, With nvPr 1 f1Cl nryrti�ir��ntc �n� 1 nn "AnnPl V�I� �ntPPrs" C7SSiStlr DEPARTA�IENT OF RECREATION AND PARKS APRIL 2011 MONTHLY REPORT PAGE FOUR • Adaptive Youth Tennis: o In collaboration with Kern County Tennis Association (KCTAj, t Adaptive Youth Tennis Program started this month at Jastro TE Courts. o KCTA provides the coaches, tennis rackets, and balls for this � o Children with all kinds of disabilities including those in wheelcr enjoyed learning tennis from these experienced coaches. • Adaptive Adult Softball League: o Games started on Thursday, April 21 St at Beach Park for this 6� Spring League for adults with disabilities. o Four teams from adult day programs compete each week in modified softball league. • Volunteer Hours: 0 105 Angel Volunteers 315/hrs. @9.60 $3,02 0 3 Adaptive Tennis Instructors 9/hrs. @9.60 $ 8 0 20 Student Volunteers 60/hrs. @9.60 57 Total Volunteer Hours: $3,68 • Below are some of the activities staff is currently working on: o T-Ball League o Summer Softball League o Beach Volleyball Class o Summer Camps-Bowling, All-Star, Pee Wee Sports, Skateboardinc Basketball and Soccer o Pee Wee T-Ball League o Mesa Marin Sports Complex o Pee Wee Sports • Total Attendance: 19,950 DR. MARTIN LUTHER KING, JR. COMMUNITY CENTER: . Qverall attendance for the Martin Luther King, Jr. Center was 5,672 61 % increase from April 2010. The increase was attributed to participants who participated in the Springtime Egg Hunt. • Children's Garden - Participants planted vegetables in the garden ar about the different types of insects that live in the garden. The cente w�rksh�n �n c�mmunitv aardens with over 50 participants in attendar D�PARTMENT OF RECREATION AND PARKS APRiI 2011 MONTHLY REPORT PAGE FIVE • National Crime Victims Week - The Dr. Martin Luther King Jr. Center Crime Victims Event with Southeast Neighborhood Partnership on Sur lOt". Special speakers spoke about the need to assist victims of crimE (12) agencies provided booths with information. Total of 50 in attendar • Healthy Cooking Class - participants contin�e to learn how to cook � interesting dishes with the items they grow in the garden. • Funding/Donations: o Bike Donations $580. • Total Attendance: 5,672 SILVER CREEK COMMUNITY CENTER/SAUNDERS MULTI-USE FACILITY: • Silver Creek Community Center o Total attendance for Silver Creek Comm�nity Center was ; included classes and the After School Program. o Revenue for Contract Classes totaled $7,488 and Silver CreE � l , 739 .85. • Saunders Recreational Facility o Total attendance for the Saunders Recreational Facility was 2,4� o Soccer League - Men's adult soccer league is now 75% th season. Women's and Coed adult soccer is at the midway season. o Hockev league- The season began in December and ended ir deemed a success by all that took part in the league. • Total Attendance for Silver Creek & Saunders Recreational Focility : 3 PARKS: • Tree staff planted one tree that was donated by the Women' Bakersfield. The tree was planted at Jastro Park near the playgrounc The tree was donated to mark the 150t" year of their organization. • Tree staff removed one large Redwood tree on California and ChestE The removal was a request by public works. The turn lane will be making the tree an obstruction. Three trees were planted the same d� the mitigation requirements. The trees were planted west of the remc medians. � Thc� trAp �A►-,r,rtrr,Pnt hnc nr�PrP� � 17 trPPS �nc� 409 shrubs that will be DEPARTMENT OF RECREATION AND PARKS APRIL 2011 MONTHLY REPORT PAGE SIX • Site Improvements o Mesa Marin - o Infield sprinklers were installed on all four (4) diamonds. o Jok Boxes were installed at home plate on all four (4) diar� 0 65' base pegs were installed on all four (4) diamonds. o MLK Park - o New drive approach poured on the west side of the safety barricades installed on both driveways. New installed on the ball diamond outfield. o Siemon Park - o Hydro-seeded the perimeter of reservation area with turf. • Yokuts Park soccer field was prepped and hydro-seeded on April 28t'' will remain closed until mid-summer to allow new turf to establish. • Trees Trimmed: 46 Clearance: 283 Removals: 25 • Service Tickets received: 297 Completed: 266 • A total of $633 in vandalism occurred during the month. UPCOMING EVENTS: • Registration for Programs and Sports began on April 1 S' � Summer Adult Softball deadline is May 2prh. � Spring Splash begins May 30'h at McMurtrey Aquatic Center from 1-5 p.m. B A K E R S F I E L D Development Services Department REC. MAY City Man� M E M O R A N D U M TO: ALAN TANDY, CITY MANAGER � FROM: JIM EGGERT, PLANNING DIRECTO DATE: May 16, 2011 SUBJECT: STRUCTURE NEXT TO THE KERN RIVER COUNCIL REFERRAL NO. CRMS # 238 (NO WARD) COUNCILMEMBER COUCH ASKED THAT STAFF INVESTIGATE THE CONCERNS ADDRE� CITIZEN REGARDING A STRUCTURE THAT WAS CONSTRUCTED NEXT TO THE KERN RIVE� The referenced structure is located at 301 Roberts Lane, which encompasses the Teer Re-Entry/Rehabilitation Campus (see attached site plan). This site is unique in that the r of the property is within the jurisdiction of Kern County, while the southern half is within tl of Bakersfield. The northern portion of the site contains the rehabilitation facility, which was approv conditional use permit (CUP) by Kern County in 1984. In 1998, working with County stafi granted by the Bakersfield Board of Zoning Adjustment to expand the facility wit limits portion of the site to allow 16 housing units (four 4-plex buildings). These uni to provide temporary housing for individuals going through their program. Approval of 1 consistent with all City zoning and land use regulations, including the goals and policie River Plan. Construction of the housing units was allowed to be phased long-term based availability. The building noted by the letter writer is the most northerly 4-plex and is th SITE PLAN FOR TEEN CHALLENGE RE-ENTRY CAMPUS BAKERSFIELD, CALIFORNIA -�� \ �4/.� � / F� / �'�~�� \ � .1� � I // / • �li" .b' wiDE ACCESS E�SENENT 6a2 i �� ' ' PER BK F9lS. PG. 102J, • ; ; orF�c+� accaeos —� �Y,C�F' / .<;:�' / � . I I � 4�� : " � ol '� � j ` � � � ,j�/ v �� ' % ; � � � � 1 scae . �soc• / i eF,f��c' ;ti`'`'UV � ; t Ft� � e� / w � '� � I , r N �',' � / U m e� / � O a � , ts� , y ;; I 1 � N / : . e, o �� IJS . . yU • � � � ��Qoo t �^ g� ` . , e-af7YOS' p � ,� ^ / R-1245.00' � � � ?° I EAST _` � � ` 1 �ao a / /' � !" _' � � - • � � ' .�--�'` 1 / � I � I _ �' � .--- �- -' ' � / ` � � . . a � ' - ,� � Yi � \ \ y;- ; �, . � ; ,� ;r - ... ----- - ... — - -- --' - - L, _ \. YJ + l._ .\ -- -- -- -- --- -.. � -1 -- - _ ` c�� i I � � � � i i }- - �� `'� �� L` z � I � a, '� � EwS� CaaH. c�:�cE� k C� ;, � .66 ACRES SOCNa�_K Z �, � - E)051. P.C.a£. P0.EUNE I G g :� G ` PER PARCEL ylW NO. J082 i N i� � t � �.75 Ci PANCEI M�PS �, � j <y � �� , At PACE 83. ^�• ^i $' EXIS � ti WOMANS H �,1F. � � �� n , �� za . �` ,. L• $�CPE EA$[11ENf. CCVHfY y � ' Z 1 hh OF RERk, PER OX. t784, �'� " '�_ Pa tiSJ cFFlCik aECCAOS. � , ' ` i;�.� �T�Sj�E "\ •L�1C1 ` µ7�41 ' 1 �. �,n a A �'t�'u e' ` '1 � � � ri��,,: yy � � ,...-�\��3 Last phase Y iCC. ` NTfa�..j� f.�.'� !ati $ • a �1 .cv:a � a�B1 <� a.`C.2 . •.. OWNER: (PARCEL 2) Q � (�VN+CI � NY � �y� a � <�;� rEEN Cr!ALLENCE OF' SO. C I �$ l �.� t:,Y�J � 3pt E. �20E3ERiS LANF: '� � 'c��3 F3AKcRSFIFLO, CA. 93308 � te y�� 399-2?73 'ro�. , �SE � ; „,. � ; � 4",_ �i� � ,1'�y'� PROPOSEO AD01T1 � GENG'RAL NOfF$: �'� �, '�,. �`, PA(2KING $PACES: NESV 1.T SPACES, HANOICAP 2 SPA ' �' �• (,L £.,i� �y.'. ALl PARiCING SPaCES TO 9� x 20� I �°,� }�?? / . fOfAL �UILDING ARFA: 10.31p SQ. FT. � ��.�z:xoE�.�, �a t� i0lAL NUMf3ER 0' UNITS: 16 � /� � NO WOOD SFIAKES, DUAL PANE WINJOWS i0 f3E USEO � ,�i •t.,� �j / 'y & MASOuITF SIOiNG S � � . � � i � / ��', j 1 '1 ,, �'P / ryy. C� � � �0 � � . 1 �QUI lly O ii y � p� 125' 7�' :7i / ` 3� }�� N� M � `1i:3 �' 63 _ � '_ Z � s ^ 4 'n .a��t' N• ` ��• �� >> �� Clty � ::. , ,� .� ,. N. '"�..� �� `� � � TYPICAL BUILDING ;•ai' �% ., .� ?: v=.n;) •.t.r �.'•,y�y \ °i�'� I�� FROM: OFFICE OF THE CITY MANAGER MEMORANDUM � Alan Tandy, City Manager Chris Huot, Administrative A alyst III May 2 SUBJECT: PROPOSED PUBLIC WORKS BUDGET PRESENTATION 62UESTION FROM T COUNCIL ON MAY 18, 2011 - RE6ZUEST FROM COUNCILMEMBER C REGARDING THE ACCOUNTING OF PG&E SURCHARGE 6Zuesfion/Request Councilmerr No. 4 Provide additional information on the accounting of the PG&E surcharge. Couch During the presentation of the Proposed Public Works Budget at the City C meeting on May 18, 2011, Councilmember Couch requested more infori on how the City accounts for the PG&E 1 percent surcharge. Clarification was given at the time of the question, as staff provided infor on how the surcharge is accounted for by the City's Finance Departme how it is used, as originally intended, for road programs and projects. For reference purposes, the surcharge is included in the FY 2011-12 Prc Budget Document on page 27 as part of the Utility Franchise Tax line iterr the General Fund - Revenue by Source heading: Other Taxes � Util'rfy fronchise t�x - $ ;,9.`,.?,6$;61� $ 10,445,(l00 $ 1Q770,000 $ 10�8i Ki;:i-�.-•c<; cPncP tnx 3.173.514 2,980,000 3,200,000 3,2C Honorable Mayor and Cit� PG&E Surcharge Ac May The surcharge revenue, an estimated S6,000,000 for FY 2011-12, is propc be appropriated to the T.R.I.P. program, as documented in the FY 2011- Budget Document Transmittal Memo on page 276 of the FY 2011-12 Prc Budget Document: Thomas Roads Improvement Proc�ram (TRIP) Proiects: TRIP projects comprise almost 60 percent of the total FY 1 1/12 Capital Improvement budgefi. The amount budgeted for TRIP projects totals $34,350,000. This is comprised of $21,734,1 15 in federal funds, $6,615,885 in traffic impact fee revenue as the source of the local match for the federal funds, and $6,000,000 in additional PG8�E surcharge revenues that were designated for road projects by the City Council. The FY i 1 j 12 Ccpital Improvement budget for TRIP projects are as follows: Specifically, the S6,000,000 in PG&E surcharge revenues are proposed used for all phases of the Westside Parkway in FY 2011-12, as indicated or 293 of the FY 2011-12 Proposed Budget Document: CITY OF BAKERSFIELD CAPffAL IMPROVEMENT PROGRAM FIVE-YEAR PLAN PROJECT SUMMARY BY DcPARTMENT PUBLIC WORKS: TRIP Proj Pro;ect Titlo Word Source funtl FY 2011 •12 FY 201T-13 FY Z013-1� FY 2014-1 S tY 2015•16 Total Curtent YeQ hopoud hojxts: IkRH:L' ?41l1.41Rf+INM1FNINC:-IlFS!(:H IRRM32 'lAiH C1RFfT Y,10FN:NG - DkSH":ti IRR1134 ?till SIRFCT VMpFNWfi • RCIW IRRH:Sa IaIHSINtfIYlIUFtl1NG-Rl!W 'ljtCpO HAGEMnNflYOVFR-ENVICO TRSV,I? N1ciRNINGUF.lSit•I%gpCVGN �kSRt? 11KMNkJG FM/Stt-178Dt5K;N ii2Rll'L4 (1AK X 2AT111T Ni - RUY� 7RRff21 OJIK d.2�A15f M- ROW iRRft72 O�t: &24015T NT- UCSIGN 1RRF122 OI1C d. 4�'R1 Si NT- D[5i0N IRRMIC RU11 IlAI! 4V11'rl NII:G � LNVIH iRR11t0 ROSCD/tlE WIDErGNG-£T1VSt {RSH;50 �RI/:5'MUENING IItSR3D SR118YVDEI11P1Ca �'vYJI'(Ml NI;tISII)I ;'KV.'YNI PHASIS rm�mcb w7�.�sa�i r�:wrNl e►�nsfs z n>t '1 IHIY a mF , IRIP 2� IDF 3 TUF �y� IRp 2 iDf 2_�'�. 2 ror 2 `StP 4 IRF e tR�' 3 �I s ��tr ..� �:I� ?.a.1 IOF �� S ::�•1 � �?4 J15 335 1?7 33i �21 31S 121 33� 72� :11J t?� :1F ;f3J 1&lpl9 S 1 3A9.991 I . a'i�i, 7.50 I ', .i;n.i. ^.50 E00.000 I60.S80 I,1;1y.470 .,,, 315 i.�a.sas 180.079 i 3A9.921 4 4''....,. 3.151 G68 786./SO 7.� 13.9:50 . �lU(i.UW 1,00O,OOQ a.sda S 35.� I1 1 �.3�8 110.6d3 A. Sd8 s5,a12 d.f#S? � S - S - S IR4.nbt 1.4?5.�33 1.4'i'i. I.YI I :.u�,,... `C 80D.000 I 7a.913 l,33QQ8.7 IG!•°:5 1.283.685 13a 667 1.�25.333 415.11� 3.2(14.78h 7tl!>.?i0 R�1:1.:�50 6. V�.f�O 3.OU(7.000 Total Cu�rant Yoar hoposstl PtoJ�cts S :Yt.:5ti0.WU S 265.W I S - �{ � 5 �'4 :Yt.b i`�.�_V ! OFFICE OF THE CITY MANAGER MEMORANDUM May 2c � TO: Alan Tandy, City Manager FROM: Chris Huot, Administrative Analyst III SUBJECT: PROPOSED BUDGET PRESENTATfON 6ZUESTION FROM THE CITY COUN MAY 4, 2011 - RE6ZUEST FROM COUNCILMEMBER HANSON REGA INSTALLATION OF STREETLIGHTS IN THE STOCKDALE ESTATES ARE, �uestion/Request Councilmem No. 2 Could the City consider installing streetlights Hanson in the Stockdale Estates area? During the presentation of the Proposed Budget at the City Council meei May 4, 2011, Councilmember Hanson requesfied the City expedii installation of street lights along certain streets in the Stockdale I neighborhood as part of the FY 201 1/12 Capital Improvement Program Bu� This area was annexed into the City in 1981 and the project will improve for residents at night. During the FY 2011 /12 budget process, the Stockdale Estates streetlight K was identified for inclusion in the 2012/ 13 Capital Improvement Budget. Affer extensive analysis, staff has identified $15,000 from savings from muli 2010-11 CIP projects proposed to be used in the design of the streetligh Honorable Mayor and Cit} Streetlights in the Stockdale Esta May ; The sources of the savings found for this project include: Project ARRA Pavement Rehabilitation Phase 3 Rabobank Arena/CC Electric Breaker Replacement PD Communications Center HVAC Replacement HVAC System Maintenance - Various Locations Rabobank CC - Installation of Additional AC Amount $6,691 $1,005 $3,599 $190 $3,515 $15,000 TO: FROM: SUBJECT: • OFFICE OF THE CITY MANAGER MEMORANDUM Alan Tandy, City Manager Chris Huot, Administrative Analyst III � April Follow Up to Live Chat/Online Public Participation Referral Background After providing initial memos to and meeting with CouncilmembE regarding his request for staff to look into the feasibility of implementin two-way chat during City Council meetings, Councilmember Salas re staff modify its research to focus on the feasibility of an online participation tool for segments of City Council meetings where comments/statements occur. These times were clarified to mean durin� statements and public hearings portions of City Council meetings. Other Cities Using this Type of Tool At this time, staff is unaware of any City within California using a module for real-time online public participation during City Council meetings. Tr examples of City's allowing online public comments on agenda items, r in all cases the comments are received before the city council meet provided to councilmembers as part of the agenda packet - not du meeting in real time. Department and Division Feedback To obtain comparable procedural, logistical and legal research, staff � appropriate City divisions to research the viability of a live, one way, wel participation module. This tool was envisioned to be on the City's we L:II...L.I.-. [.-..-..,.. L...-........� f C..L.�L.�+ A 1 TL,�� ...�.� �I�I l-�� rimilrr +� +ho f�rm �i irror�+��i Apr and last name, contact information, subject line and statement (� predetermined character limit). Once the form is filled out, it is submitte< Clerk staff and read into the record at a predetermined time withir statements or a hearing. The City Attorney authored a memo dated April 21 st and has cc including: the Brown Act, California Open Records Act, city record kee� city public comment policy. Additionally, the City Attorney's Office in First Amendment rights are a concern if staff in any way intentio unintentionally edits statements made via the internet (e.g. omitting E words from the spoken record, not reading a statement for any reason, E From a procedural standpoint there are many issues which are outline accompanying memo from the City Clerk's Office. Additional staffin equipment requirements, infrastructure issues and application of City public comment policy to online commenting are outlined. In addition, no consistent formula to equate number of words or characters typ speaking time - thus it is unknown how or if the City can limit the nu characters typed to comply with the City Council's policy of three minute time limits. As mentioned earlier, it is unknown how or if City stc edit any comments made which violate City Council public comment K if profane language, spam or other offensive content would become pc public record. Furthermore, Telecommunications staff determined there is a delay on cable broadcast and internet stream. This means users at home are viev old video when watching on cable TV and :30 old video when watc internet stream. When the Mayor closes public comment within the Chai is unknown how to mitigate for the delay and how to process any sta which come into the Clerk's inbox after the statement period is c Chambers. Specifically of note, it is not clear how or if there could be a period' of an undetermined amount of time during which the puk theoretically finish typing their statement and submit it - even if there p�blic statements made within the Chambers. This could cause a no and potentially lengthy delay during Council proceedings. Logistically there would need to be equipment and infrastructure expc accommodate an additional City Clerk staff person to properly run th n�rti�in�ti�n m�� IP This inrluc�es a sianificant modification and/or e� .� (approx. two to four weeks) would be needed to code, program and k the module. IT Staff may also need to be on hand for the first few me� assist City Clerk's staff with running the module. IT would need to ir additional laptop within the Clerk's workstation at a cost of $1,500 plu� rental charges. Conclusion At this time, Staff does not recommend the implementation of an onlin participation mechanism during City Council Meetings due to the ongoi concerns and potential costs related to expansion of the City Clerk's a additional staff time needed to run this program. Furthermore, the delc broadcast could potentially cause noticeable procedural issues for thE City Councilmembers and City Clerk staff. Staff recommends seeking alternative methods by which the puk participate in City Council meetings. More specifically, Staff recoi reconfiguring the City's web site home page to give more prominencE option of e-mailing the City Council on agenda items and implemei online submission form by which the public can submit commits to Clerk's Office before each City Council meeting. Additionally, Staff will r the possibility of using the KGOV broadcasts to remind the puk comments can be e-mailed to the City Council before each meeting. First Name Phone Number* John Exhibit A - Example Form 555-5555 Subject Last Name Doe E-mail Address* ,iohnDoe��i;;JohnDoe.co� A#�cnda Item 8 D "I'his is a very important issue and i fully support it. Please vote `yes' on this item! Submit *denotes optional field San Diego Cin� Council Meetin� Agenda Comment Form � Cin Clerk F1� � THE CITY OF SAN DIEGO '-�.,-. �., �. j� � �• 1 — http://��•« �t�.sandieoo.�ov/cit�-clerlJofficialdo Home Co San Diego City Council Meeting Agenda Comment Form Your comments are important! Please use the form below to submit your comments to the City Council regarding agenda items to be discussed during an upcoming City Council meeting. Your comments will be sent to the Councilmembers and become part of the written public records located in the Office of the City Clerk. Please limit your comments to 200 words or less. Thank you for your comments and participation in the City's Council meetings. Please note: If you wish to address the City Council, or have your name read into the record, you must fill out a Speaker Slip. You may obtain a Speaker Slip from the Office of the City Clerk, 202 C Street, 2nd floor, or in the City Council Chambers during scheduled City Council meetings. See the Leqislative Calendar (PDF) for a schedule of upcoming City Council meetings. Agenda Comment Form ' i��ems marked with an aste� isk al-e required to maintain public records of the comments received. The information provided allows us to contact you if needed. �Your Name: E-mail Address: `� Street Add ress: ' City: State: Area Code/ Tolonhnnc f�li imhcr• ��Zip Code: —� San Diego Cin� Council Meeting Agenda Comment Form � City Clerk http://�v��.sandiego.gov/city-c1erlJofficialdo SUBMIT CLEAR � City Clerk Home � OFficial Citv Documents Home � City Clerk LeQislati�e DocumeMs � Top of Page � � Citv Attornev Leqal Documerrts � Citv Bulletin of Official Pubtic Notices � Site Map Rrivacy Notic I �"bme I Business � City Hall � Communitv � Departrnents � Iriformation � Leisure � Services A-Z � Visitin � � Search � Site MaP � Contact tfie CiN � Privacv Notice � Disclaimers � � B.a I� E R S F I E L D DIVISION OF INFORMATION TECHNOLOGY MEMORANDUM April TO: Chris Huot, Administrative Analyst I11 FROM: Bob Trammell, Director of Information Technol�y� SUBJECT: ONLINE STATEMENTS AT COUNCIL MEETINGS In response to questions about implementing online statements at City Council Meetings, Information Technology would have the following costs involved: The City Clerk would require an additional computer at a cost of approximately $1! A staff member would need to work the computer and would need a place to sit, w would likely require some workspace modification for the Clerk. It would also be necessary to write or purchase software to enable the submission statements. I have been unable to find any suitable software, although there is prc some available. However, internal staff could develop the necessary software in ; weeks at no cost to the city other than staff time. No IT staff time would be requirE run the system after training was provided to City Clerk staff. • B A K E R S F I E L D CITY CLERK'S OFFICE MEMORANDUM April 7, 2011 TO: CHRIS HUOT, ADMINISTRATIVE ANALYST III FROM: ROBERTA GAFFORD, CITY CLERK SUBJECT: ON-LINE STATEMENTS AT COUNCIL MEETINGS In response to your request for an analysis of the impacts to the City Clerk anc regarding on-line statements received at Council meetings, I have outlined tho impacts as they relate to the Public Statements and Hearings portions of the a follows: 1) STAFFING NEEDS To successfully receive live chats during the Council meeting, one additional C staff member would be required to facilitate receiving, reviewing, and reading � incoming chats. The City Clerk would then be required to document the convE for the record and monitor the time limits currently imposed by the Council. 2) COSTS Staff Staffing costs are dependent upon the number of ineetings held; the number c required for staff attendance; and, the time required to review and document � sessions. A Deputy Clerk or Administrative Assistant position would be assigi perform this task. As an example, an Administrative Assistant working an average of 4 hours pe for the calendar year 2011, would cost approximately $3,024. MEMORANDUM CiTY ATTORNEY April 21, 201 1 CONFIDENTIAL - PRt ATfORNEY/CLIENT A WORK PRODUCT PRI TO: HONORABLE MAYOR AND CITY COUNCILMEMBERS FROM: VlRGiNIA GENNARO, C1TY ATfORNEY �� CHRISTINE IM, ASSOCIATE CITY ATTORNEY SUBJECT: FLECTRONIC COMMUNICATIONS DURiNG PUBLIC MEETINGS As a result of a recent inquiry from a councilmember on fihe legc practical issues surrounding "live-chat," our office had an opportunity some fairly exfiensive research on the subject and we came to the con< rhat it would be beneficial for the City Council to consider adopting a pol eiectronic communications. Below are some highlights of our legal research and attached is a s� policy that the Council may wish to consider. Of course, p(ease feel free if you have any fiurther q�estions on the topic. Thank you. Brown Act Officials who use cell phones, laptops, ipads, or other devic� converse on a subjecfi relating to government business during a public m are potentially in violafiion of the Brown Act. An email or text regarding a that circulates amongst a majority of the councilmembers cfearly violat arown Act. in addition, an extended discussion during a public meeting item not on fihe City Council agenda via emaii, text, or online chat to a may result in a violation of fihe Brown Act. While a"brief response" to corr or questions firom members of the public on an item not on the age permissible, a discussion or action on such an item is not acceptable. fn instances, a private meeting on public business has occurred wi opporfunity for members of the public to attend and parficipc deliberations. CPRA Honorable Mayor and City Councilmembers April 21, 201 1 Page 2 CONFI the conduct of the public's business. These records must be disclosed public, upon request, unless there is an express legal basis fo jusTify de access to public records. Time is critical in responding fio CPRA requests because the Cit� respond to the requestor within ten calendar days from the date of fihe rE Because fihe use of emails, texfis, or chats by City officia(s discussing gover business must be disclosed to the public upon request, these records rr saved and maintained. The City may be subject to a lawsuit if a record < be obfiained from a councilmember's personal computer account and tr may be subject to attorney fees and co�rt costs if found in violation CPRA. Due Process Finally, there are due process concerns if electronic devices are � during a public hearing and case law dicfiates a certain level of decorur public officials during public meetings. In an appellate case that arose ! os Angeles, the Los Angeles City Council's decision in a hearing was over due To the conduct of its councilmembers. The Court determined th inattentiveness of councilmembers during the hearing prevented the c from satisfyirg the due process rights of the involved parties and revers� city council's decision. Therefore, the appearance of the City Council as disfracted or influ by cerfain individuals during a public meeting is not only troubling and r to the City's image, but may result in the invalidation of the entire City Cc actions during a meeting. Council Policv In s�mmary, the use of electronic communications to conduc business may expose the Cifiy to Brown Act, CPRA, and due proces� concerns if Councilmembers are observed utilizing e(ectronic devices public meetings. As a resvlt, it is the recommendation of the Cifiy AttornE the City Councii ccnsider adopting a forma! policy on the use of ele� communications during public meetings. Attached is a sample poficy fc review and consideration. courvc�� Po��cY POLICY NUMB�R: SUBJECT: Use of Electronic Communications During Public Meetings EFFECTIVE DATE: PURPOSE: The purpose of this policy is to increase awareness of the legal risk: decorum associated with the use of electronic communications during � meetings by public officials and to set forth appropriate restrictions on the � electronic communication devices during public meetings. SCOPE: This policy applies to every member of the City CounciE and those present < public meetings. DEFINITIONS: "Electronic communications" and "electronic means" includes, but is not li fio, informafiion received or senfi by emails, texts, instant messages, chati and fielephone calls. "Official City business" means information regarding an issue that is relevan matfier within the purview of fihe City Council. POLICY NO. 1: It is the policy of the City Council to prohibit the use of elec - ------ ------i:_�_ �. .......... .�. .t,.�:�. ...,.....�:....... Th��. �.-...1� ��J�.�. l-.� �+ �r r�� limitoi^! �F • Communications between Councilmembers and the public via elec means. POLICY NO. 2: It is the policy of the Cifiy Council to strongly discourage members of the � fio communicate via electronic means during public meetings in orc eliminate disfiractions, interference with broadcasting and exposure to challenges. RETENTION: If a Councilmember receives an elecfironic communication relafied to c City business during a pubfic meeting, that Councilmember must provid City Clerk with a copy of any electronic communication not already maint by the Cifiy as soon as reasonably practicable. , ��: � ", �. . �>.:'x: � -y� �: �?,;;, :�:. .y . . :.; : . . .. . , :, � - y y' / S:\COUNCIl1MFMOS� 10-11 Memc�s\Co�ncil_P�licy_ EIQCtComm dOCJ� TO: FROM: SU BJ ECT: • OFFICE OF THE CITY MANAGER MEMORANDUM Alan Tandy, City Manager Chris Huot, Administrative Analyst III / Follow Up to Live Chat/Online Customer Service April Background After providing initial memos to and meeting with Councilmember Salas regc request for staff to look into the feasibility of implementing a live, two-way chc City Council meetings, Councilmember Salas requested staff also resec feasibility of implementing a live customer support feature by which the pub contact a designated City staff inember via the City web site and receive response via a chat-like tool. The service would be provided by the City Clerk specifically the staff inember assigned to the main receptionist desk on the fir� City Hall North. Other Cities Using this Type of Tool At this time, staff is aware of one City in California currently utilizing this type of City of Palmdale (Pop. 152,750) currently allows the public to contact a City < service representative via its web site to assist with generic informatio questions. Correspondence with the City of Palmdale's webmaster (Exhibit A) i the City receives a low volume of inquiries on a monthly basis. These inquiries nature, but she indicated they revolve around public agency functions - both non-City related. She also indicated the live chat feature is often not made < because of the lack of demand for the tool by the public (the public can si inquiries or questions when the customer support representative is `offline'). Department and Division Feedback The predominant iss�es associated with implementing this type of tool are IE procedural. From a legal perspective, there are concerns as it relates to Cit� California Open Records Act and city record keeping. There are also Apr Staff may not have all the details of a specific question or topic. Online c service inquiries would fall into a third priority category, behind in-person and te inquiries. Furthermore, there would need to be guidelines put in place and trc staff related to what information could be given to the public and any restri limitations on what types of inquiries could not be addressed via online c service chat. Based on limited knowledge from other municipalities using thi� tool, it is unknown as to the volume of inquiries the City would receive if such a implemented. Information Technology staff determined Live Chat by LivePerson is the progi suited for this type of service. Live Chat by LivePerson is either $99 or $150 pE ($1 188 -�l 800 annually) depending on what features are selected. The cost is k one license for one staff inember - therefore only one person can access an< live chat inquires unless additional licenses are purchased at �99 or $150 per rr conversations are logged and contents saved. The product is hosted by a tr and not installed on any City computers. IT staff indicated Live Chat by LivePE marketplace leader. Conclusion An online parameters: customer service mechanism could be implemented, with • Due to program license restrictions, the live customer service tool coulc monitored for a specific period of time each weekday (TBD). • Staff could only respond with general information and refer the public tc departments based on their inquiry. • Live customer support responses would be taken only after in-per telephone inquiries have been fulfilled. • Because staff at the receptionist's desk rotates, there would need to bE to outline what can and cannot be communicated via the online � service tool. If the tool is implemented staff would work with Information Technology and Clerk's office in overseeing the installation and product training req� implementation. EXHIBIT A From: "Kathleen McGrath" <kmcgrath@cityofpalmdale.org> To: "Chris Huot" <Chuot@bakersfieldcity.us> Date: 4/13/2011 1:24 PM Subject: RE: Live Chat Support Hi Chris, We're the only city I've found offering live chat support, too. Our Live Support software does keep chat logs, but only of the chat requests that ar� answered by our reps. I suspect that our reps have not been logging on lately, as we averaging only 2-3 requests per month in 2011. In 2010 we averaged 25 requests pE month. Unfortunately, it does not log when the reps were logged in. I am not responsible for logging on as a rep but I do get most of the requests that arE by e-mail when no reps are online. Those come in at about 5-10 per month. Not a 1 volume, but I think it's still a helpful service for our visitors. Inquiries span a wide range of topics, from how to report potholes and barking dog� how to update a library card. We also frequently get inquiries that the City wouldn' handle (marriage Iicenses, etc) and we provide contact information for the appropri< entity in those cases. We use Xigla Absolute I.ive Support. It's VERY inexpensive - just $149. It uses A ASP.Net, and MSAccess or SQL (We're using SQL/ASP). http://www.xigla.com/absolutels/ Let me know if you have any additional questions! Kathleen McGrath Webmaster City of Palmdale - Information Technology 38300 Sierra Highway, Suite D Palmdale, CA 93550 (661) 267-5537 - (661) 267-5025 (fax) <http://www.cityofpalmdale.org/> www.cityofpalmdale.org � B A K E R S F I E L D CITY CLERK'S OFFICE MEMORANDUM April 11, 2011 TO: CHRIS HUOT, ADMINISTRATIVE ANALYST III FROM: ROBERTA GAFFORD, CITY CLERK SUBJECT: CITIZEN ON-LINE PUBLIC PARTICIPATION AT CITY HALL In response to your request for an analysis of the impacts to the City Office regarding citizens' questions submitted live via the internet and to as "live chat," I have outlined those impacts as they relate to c service, staffing and costs. 1) CUSTOMER SERVICE AND PROCEDURES The Office of the City Clerk prioritizes its efforts in order to effectiv� efficiently promote and service the City Council, our citizens and departi a positive manner, while ensuring that excellent customer service is pi Due to fiscal realities, it is unlikely that we would be able to increase stc the level needed to make this a seamless program within our office; ho� this were to be a requirement of the office, it would be handled in the f� manner. ➢ Citizens requesting assistance in person at the lobby or City counter would receive priority attention. ➢ In accordance with City Clerk's Office Policies and Procedures, in phone calls are answered without delay, and this would rerr policy. Prompt attention to phone calls is crucial to quality c Citizen On-Line Public Participation at City Hall April 1 1, 201 1 Page 2 2) STAFFING NEEDS Without additional staff, the most likely position assigned this task would Clerk Typist stationed at the front entrance lobby desk. This position wou with general information in the same manner as if responding to an in phone call. Only basic information would be provided such as contact phone numbers, and referring citizens to the correct departments or a� for answers to questions. Clerical staff would continue to refrain from providing information re� issues and subject matter outside their areas of knowledge or acce: imperative that accurate information be transmitted in order to complaints of poor customer service and potential liability. Clerical staffs from other departments occasionally cover the lobb Additional training would be necessary to ensure correct procedu followed, and accurate information is disseminated or, if necessary, the li feature would need to be disabled when staff is not available to respond 3) COSTS No additional costs for staffing would be incurred if the lobby desk un � this task. Expenses would be incurred by the Information Tecl Department if they are instructed to provide and install the app computer programs/equipment to facilitate this request. Those costs w determined by the IT Department upon req�est. Summation The Office of the City Clerk and its staff serve an important role as the hub of municipal government and the link between the citizens and � Council. The City Clerk's Office prides itself on the outstanding customer we provide, under all circumstances, to our citizens, the City Council, c _1 _,1L Citizen On-Line Public Participation at City Hall April 1 l, 201 1 Page 3 devalue the excellent relationship currently enjoyed between the cii Bakersfield and this office. With this in mind, and to address concerns regarding persons not recei� attention they deserve, a disclaimer would be necessary. The public w advised that during periods of heavy traffic, acknowledgement and res� inquiries on-line might be delayed. Additionally, during periods of staff sh due to vacations and sick leave, it might be necessary, on occa deactivate the "live-chat" function. It is our intention to fully service both the City Council and the citi Bakersfield. We must take into account the obstacle this proposal pre our ability to effectively and efficiently serve both with the limited re currently at our disposal. RG cc: Alan Tandy, City Manager Rhonda Smiley, Assistant to the City Manager/PIO Bob Trammell, Director of Information Technology Christine Im, Associate Attorney