Issuu on Google+

MARCH 2014 |

The Monthly Magazine of the League of California Cities速

Regulating the Massage Industry: Challenges and Opportunities

p.10

Understanding State Mandates p.9 Ontario Turns Homelessness Around p.13

www.westerncity.com

Smaller budgetS. bigger expectationS. bring it on. Even while budgets keep shrinking, taxpayer demands keep rising. And you’re caught in the middle. Union Bank® can help. We’ve served government offices for 135 years. Our industry knowledge and highly experienced relationship managers have helped us develop solutions that will meet the needs of your most complex challenges now and into the future. With comprehensive banking services, from treasury management to underwriting, Union Bank can help you speed up receivables and simplify and automate complex processes. Move from paper to electronic files, and improve accountability and efficiency overall. Just what you and the public want. unionbank.com/govt

A member of MUFG, a global financial group

Government Services Jim Moore, SVP 800-833-4758

©2014 Union Bank, N.A. All rights reserved. Visit us at unionbank.com.

CONTENTS 2 Calendar of League Events 3 Executive Director’s Message

The Alchemy of Leadership And the Consent of The Governed By Chris McKenzie What impact does the public’s distrust of government officials have on how people perceive leadership? Why do some unpopular leaders later achieve prominence while other more popular leaders quickly fade from public memory?

7 City Forum

Get Creative: California Arts Council Offers Grant Funding Opportunity By Caitlin Fitzwater The California Arts Council’s new Creative California Communities (CCC) Program supports innovative projects that harness arts and culture as a key economic development or arts service strategy for cities and communities of all sizes.

8 News from the Institute for Local Government

ILG Releases Updated Online Guide to Planning Healthy Neighborhoods Throughout California, city and county officials make planning, policy and land-use decisions on a weekly basis. Local officials understand that such decisions affect their community’s development. Many also recognize that land-use decisions can have profound effects on residents’ health.

9 Understanding State

Mandates and Suspended Mandates: Local Government Impacts

By Tim Cromartie This article presents an overview of state mandates, reimbursable mandates and options for cities when mandates are suspended.

10 Regulating the Massage

Industry: Challenges and Opportunities

By Kirstin Kolpitcke In 2008 the massage industry helped craft SB 731, which established a voluntary certification process for massage professionals through the California Massage Therapy Council. The bill’s intent was to professionalize the industry by creating uniform standards for massage practitioners and therapists. Unfortunately, many things related to SB 731 are not working for local governments.

13 California Cities Helen Putnam Award for Excellence

 ntario Provides Homeless O With Continuum of Services

 he City of Ontario partnered with T Mercy House Living Centers to create a full-service continuum of care to transition all of Ontario’s homeless population into stable housing.

15 Job Opportunities 22 Professional Services Directory

On the Record 25  Cover Photo: Lisa F. Young, Sonya Etchison, Mike Ledray/ Shutterstock.com

President José Cisneros Treasurer San Francisco

1400 K Street Sacramento, CA 95814 (916) 658-8200 Fax (916) 658-8240

First Vice President Tony Ferrara Mayor Arroyo Grande

Second Vice President Katherine Miller Council Member Stockton

Immediate Past President Bill Bogaard Mayor Pasadena

Executive Director Chris McKenzie

leaguevents

Magazine Staff Editor in Chief Jude Hudson, Hudson + Associates (916) 658-8234 email: editor@westerncity.com

March 19

Managing Editor Eva Spiegel (916) 658-8228 email: espiegel@cacities.org

Practical Advice for Minimizing CEQA Liability in Your City, Webinar Learn more about minimizing CEQA liability and have your questions answered by environmental and land-use attorneys Stephen Velyvis and Kristina Lawson.

Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256 email: maxwellp@cacities.org

26 – 28

Public Works Officers’ Institute, Sacramento Designed for professionals at every career level, this conference covers the latest developments in public works.

Administrative Assistant Anita Lopez (916) 658-8223 email: alopez@cacities.org

26 – 28

Contributors Yvonne Hunter Melissa Kuehne JoAnne Speers Betsy Strauss Patrick Whitnell

Planning Commissioners’ Academy, San Francisco Airport Marriott Waterfront Tailored to meet the needs of planning commissioners, planning directors, planning staff and other interested officials, the academy offers sessions on the major planning and land-use issues facing cities.

Associate Editors Jim Carnes Carol Malinowski Carolyn Walker

april 3– 4

Design Taber Creative Group

Policy Committee Meetings, Doubletree Hotel, Ontario The League’s policy committees review issues of interest to cities statewide and make recommendations to the League board of directors.

Advertising Design ImagePoint Design For photo credits, see page 16.

4

Legal Advocacy Committee Meeting, Doubletree Hotel, Ontario The committee reviews and recommends friend-of-the-court efforts on cases of significant statewide interest to California cities.

Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2014 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume XC, No. 3.

24

NT RI

ED US IN G

P

Western City (ISSN 0279-5337) is published monthly by the League of California Cities, 1400 K St., Sacramento, CA 95814. Subscriptions: $39.00/1 year; $63.00/2 years; student: $26.50; foreign: $52.00; single copies: $4.00, including sales tax. Entered as periodical mail January 30, 1930, at the Post Office, Los Angeles, CA 90013, under the Act of April 13, 1879. Periodical postage paid at Sacramento, Calif.

W

Legislative Action Day, Sacramento Get updates on legislation affecting your city, and meet with your legislators. Board of Directors’ Meeting, Sacramento The League board reviews, discusses and takes action on a variety of issues affecting cities, including legislation, legal advocacy, education and training, and more.

may 7– 9

City Attorneys’ Spring Conference, Indian Wells This meeting covers the latest trends and issues affecting public law practitioners and provides an opportunity to connect with colleagues.

R

0

GY

10

%

23

IND EN

E

Supplied by Community Energy

FSC ® is an independent, not-for-profit organization that promotes environmentally appropriate, socially beneficial and economically viable forest management worldwide. Products with the FSC label are independently certified to ensure that they come from forests managed to meet the needs of present and future generations.

2

League of California Cities

Event and registration information is available at www.cacities.org/events.

www.cacities.org

Executive Director’s Message by Chris McKenzie

The Alchemy of Leadership and the Consent of the Governed

H

undreds, perhaps even thousands, of books have been written on leadership, but in many ways its essence remains elusive and difficult to articulate. What distinguishes an effective leader from an ineffective one? How can an individual be an effective leader at one stage of his or her life in one position and ineffective later in another? Are leaders shaped and “created” by their followers, the issues of the day or the institutional environment in which they come to leadership? Is there an element of kismet or luck in leadership?

Analyzing Effective Leadership The more I’ve thought about it the more I wonder if the quest to understand and practice effective leadership is a bit like the medieval chemical science of alchemy, in which scientists tried to combine metals to make gold. If the basis for excellence in leadership can be discerned through today’s scientific methods, it appears to be in the realm of emotional intelligence and studies demonstrating that personal appearance or vocal qualities can be a distinguishing asset — or disadvantage — for a leader. Some questions we may ask include: Does the social, economic and political environment shape public perception of leadership qualities? What impact does the public’s distrust of government officials have on how people perceive leadership? Why do some unpopular leaders achieve prominence while other more popular leaders quickly fade from public memory? Finally, is effective leadership a transient quality, changing over time as public needs and opinions shift, or is it constant and unchangeable? continued www.westerncity.com

Western City, March 2014

3

The Alchemy of Leadership and the Consent of the Governed, continued

Many recent conversations and experiences have brought me to this personal and totally unscientific conclusion: Exceptional leaders possess essential enduring qualities and also are a product of their education, experiences and opportunities. In other words, effective leadership may well be the product of a mysterious combination of personal and historical forces and factors.

Gaining Insight While traveling to Rome recently with my family to celebrate the ordination of our nephew, I spent some time with a fellow American traveler who had retired from a long career as a high-school Spanish teacher. Over lunch one day with our family she asked what I did for a living. When I explained my work with elected and appointed city and state officials, I was shocked to learn that she believed

all government officials — federal, state and local — were either incompetent or corrupt. When I prodded a bit to see if she didn’t have any political leaders in her life who inspired her trust and support, she was adamant that she did not. She explained that her contempt for politicians developed when she was laid off one year from her teaching job due to a state budget crisis. The following year local school officials tried to rehire her into the same school, but budget reductions made it impossible. She never went back to teach in public school, and she chose to tutor students privately. I then asked if she had seen the widely popular 2012 movie Lincoln that so capably demonstrated how Abraham Lincoln possessed many of the enduring

We Specialize In Government Real Estate Representation • Acquisition • Leasing • Disposition

• Strategic Planning • Project Management • Build-to-Suit Projects

Unique Solutions to Complex Real Estate Issues Since 1998

qualities we seem to look for in our senior political leaders. As I began telling her the story of how President Lincoln helped secure the passage of the 13th Amendment to the U.S. Constitution — and how in my career I have witnessed many examples of selfless leadership from politicians — I was happy to see a little thawing in her assured view that no one in politics could ever earn her trust. During our trip we had the opportunity to witness Pope Francis, at one of his weekly general audiences, demonstrate what are surely some of the most beloved qualities of leadership in any human being. He displayed intelligence, humor, compassion for the dispossessed, humility and inviting warmth. TIME Magazine had just named him “Person of the Year,” but he seemed more like a

Effective leadership may well be the product of a mysterious combination of personal and historical forces and factors.

John Carpenter / John Robbins jc@crcre.com / jr@crcre.com (925) 866-1300 www.crcre.com BRE License 01280981

4

League of California Cities

www.cacities.org

neighbor who had come over for a cup of coffee. In a subsequent conversation with my fellow traveler, she agreed the pope has all of these qualities, but expressed fear that he might bring about changes with which she would not agree. In other words, she was not fully prepared to follow a leader who — while acknowledging his own flaws — appears to have superior leadership gifts. He will have to prove himself worthy of her support not by character alone but by the outcome of his actions. She is clearly from the “trust but verify” school of citizens. Some weeks later while walking to work in downtown Sacramento, I met a friendly Greek man who struck up a conversation, telling me the foggy

weather that morning was a lot like the weather in his home country. When I changed the topic to the challenges facing the Greek economy, he said, “Don’t you believe it for a moment. The Greek economy is strong. The problem is the elected politicians who are stealing the country blind. Believe me, I know. They are all crooks!” For a moment I thought I had found my fellow Rome traveler’s soul mate. The Greek gentleman was so sure every political leader in his country is crooked that I doubted I could persuade him otherwise.

Consent of the Governed These two individuals’ shared disdain for their elected leaders was a good reminder that one of the ingredients in successful

Individuals such as Angela Merkel, chancellor of Germany, and Martin Luther King Jr., below, epitomize the qualities of effective leaders.

continued

Employment Law Litigation Labor Relations Public Safety Retirement Wage & Hour Preventative Training

Our firm is proud to work with the majority of California Cities and to provide them with trusted legal advice, practical solutions and quality representation in all areas of Employment Law and Labor Relations.

For more information visit: www.lcwlegal.com CalPublicAgencyLaborEmploymentBlog.com |

@LCWLegal

Los Angeles | San Francisco | Fresno | San Diego www.westerncity.com

Western City, March 2014

5

The Alchemy of Leadership and the Consent of the Governed, continued

leadership surely must be receiving permission from your followers to lead with passion and integrity. Our Declaration of Independence in 1776 referred to this as “the consent of the governed”: We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. That to secure these rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed … This concept that leaders derive their authority and legitimacy (and perhaps even their greatness) from their followers is an essential element of our American form of government, and it appears to be the cornerstone of all other great democracies. When those governed revoke their consent by electing new leaders, withholding their financial or political support, or through

civil disobedience, the system inevitably experiences pressure to change. This is precisely what major democratic institutions like our own government and those of India, Greece and elsewhere are undergoing. This democratic, grassroots force, insisting on fidelity to the consent of the governed, may even be finding expression in religious institutions like the

2,000-year old Catholic Church — hardly anyone’s idea of a bastion of democratic decision-making. Clearly, the consent of the governed is necessary for effective leadership. However, the questions presented here regarding what makes a leader effective do not lend themselves to easy answers, but offer food for thought for all public servants. ■

League Rolls Out New Advocacy Tool In 2014 the California Legislature will see one of the largest increases in new legislators in years. To give city officials tools to better understand legislative candidates in their districts and candidates’ positions on issues of importance to cities, the League will distribute questionnaires to legislative candidates in March 2014. The intent of this resource is not only to aid city officials in making endorsements in this election cycle but also to help hold legislators accountable post election. For more information on the candidate questionnaire, contact Bismarck Obando, director of public affairs for the League; phone: (916) 658-8273; email: Bismarck@cacities.org.

6

League of California Cities

www.cacities.org

Current CAC grantees in action: left Dancers’ Group performs the Rotunda Dance Series at San Francisco City Hall; right Education Through Music - Los Angeles partners with inner-city schools to provide and promote music in economically disadvantaged schools as part of the core curriculum for every child.

Get Creative: California Arts Council Offers Grant Funding Opportunity by Caitlin Fitzwater The California Arts Council’s new Creative California Communities (CCC) Program supports innovative projects that harness arts and culture as a key economic development or arts service strategy for cities and communities of all sizes. The CCC Program staff anticipates that proposed projects will use the grant funds to support exceptional projects statewide that include one or more of the following elements:

for partnerships with local government agencies. Successful applications will include:

• Revitalizing neighborhoods and communities using arts as the central activity;

• A systematic approach to audience development and access or to tapping arts for economic development; and

• Fostering new arts activities or expanded arts activities and/or elements within an ongoing, established event;

• Projects developed through a partnership. The partnership must have a minimum of two partners (including the applicant), each with defined project and decision-making responsibilities. The potential partner(s) may include local government agencies, business leaders, nonprofit organizations, real estate developers, other arts organizations and community-based organizations. Partner commitment letters are required when the application is submitted.

• Stimulating increased participation and/or engagement in arts and cultural activities by residents and visitors; • Bringing together local arts, businesses and/or government entities to build relationships; and • Increasing opportunities for California artists — those from within and/or outside the applicant’s community — to serve the people of the state through touring and/or presenting their work.

Ideal Opportunity for Local Agency Partnership While the grant applicant must be an arts nonprofit organization or local arts agency with a history of arts programming, the following project requirements make this program ideal

• Project activities tied to economic goals and objectives for the applicant, partnership and/or community; • A funding plan showing project viability, community support and leveraging of relationships;

Funding for this program is provided through a one-time allocation to the California Arts Council from the California State Assembly in 2013–14 for activities through June 30, 2015.

For More Information Full program guidelines and applications are available at www. arts.ca.gov/programs/ccc.php. Applications must be postmarked by March 28, 2014. ■

Caitlin Fitzwater is public information officer for the California Arts Council and can be reached at caitlin.fitzwater@cac.ca.gov.

www.westerncity.com

Western City, March 2014

7

News from the Institute for Local Government

ILG Releases Updated

Online Guide to Planning Healthy Neighborhoods The Institute for Local Government’s newly updated Online Guide to Planning Healthy Neighborhoods (www.ca-ilg.org/ online-guide-planning-healthy-neighborhoods) offers a variety of tools to assist local officials and staff in fostering the development of healthy communities.

agencies are responsible for serving the health, welfare and public safety needs of residents. Healthier residents reduce the pressure on tight local budgets to pay for health and social services.

Throughout California, city and county officials make planning, policy and landuse decisions on a weekly basis. Local officials understand that such decisions affect their community’s development. Many also recognize that land-use decisions can have profound effects on residents’ health. A community’s physical design and mix of land uses can create barriers to healthy eating and physical activity. Land use and transportation facilities can expose some individuals to indoor and outdoor environmental pollutants. All of these factors can contribute to increased rates of obesity, diabetes, heart disease, asthma and other serious health conditions.

The Online Guide to Planning Healthy Neighborhoods outlines a number of ways local officials can integrate health concerns into the planning and land-use decisions they regularly make. Local governments can use tools such as:

Local officials and staff may use this guide in a variety of ways, including: • Assessing health needs and understanding special populations; • Forging partnerships to improve health outcomes; • Identifying funding and resources; and • Reaching and engaging the public. Local officials have many reasons to be concerned about the health of their communities. Healthy residents are more actively engaged in community life. A healthy workforce attracts current and potential employers who want to invest in the community. In addition, many local

8

League of California Cities

Tips for Taking Action

• Planning, Zoning and Environmental Review. Local governments can positively affect community health by using General Plan updates, zoning and conditional use permits, environmental reviews and more; • Economic Development. Cities and counties use a variety of approaches to actively promote their local economy’s growth and vitality. Economic development efforts also provide ways for local officials to promote healthier neighborhoods; • Public Facilities and Services. The direct services that local agencies provide their residents as well as the public works and community facilities they construct, maintain and operate can support residents’ healthier choices; and • Code Compliance and Enforcement. One important way that local officials can foster healthy neighborhoods is through local building codes, conditional uses and nuisance abatement programs that can reduce or eliminate unhealthful conditions.

These resources are designed to help local officials and agency staff members foster the development of healthier communities.

More Resources to Support Local Sustainability Efforts In addition to the Online Guide to Planning Healthy Neighborhoods, ILG offers a suite of free resources to support local sustainability efforts. These include: • The Sustainability Best Practices Framework, which offers options to consider in local action in 10 areas (www.ca-ilg.org/sustainability-bestpractices-framework); • Five sustainability resource centers with information about SB 375, commercial recycling, financing sustainability, greening agency fleets and sustainable economic development (www.ca-ilg.org/ sustainability-resource-centers); • A video library featuring local officials discussing sustainability efforts at the local level (www.ca-ilg.org/ BeaconAwardVideos); • The Sustainable Communities Learning Network, featuring webinars and a LinkedIn group for sustainability practitioners (www.ca-ilg.org/SCLN); • The Beacon Award: Local Leadership Toward Solving Climate Change (www.ca-ilg.org/BeaconAward), including information about participant accomplishments; and • Creating Safe Walking and Bicycling Communities: Safe Routes to School Decision-Maker’s Toolkit (www.ca-ilg. org/SRTS-toolkit). ■ www.cacities.org

U n d e r s ta n d i n g S tat e M a n d at e s a n d Su s p e n d e d M a n d a t e s :

Local Government Impacts by Tim Cromartie

In simple terms, a mandate is a requirement by state government directing local government to provide a service or a higher level of an existing service. For local government to be paid by the state for complying with a mandate, it must be found to be a reimbursable mandate. Who Decides What Constitutes A Reimbursable Mandate?

Final decisions of the courts are binding on both the commission and the state.

In crafting the language for new laws, the Legislature states explicitly whether or not a requirement is a “state-mandated local program,” a code phrase that imposes new or increased requirements on local agencies. When crafting new regulations, state agencies also have the authority to make an initial determination of whether a new requirement rises to the level of a mandate. However, neither the Legislature nor state agencies have the final word on the subject. They do not, for example, determine which mandates are reimbursable. That task falls to the Commission on State Mandates.

The Commission on State Mandates has four key functions:

Role of the Commission on State Mandates The Commission on State Mandates is the final arbiter of most mandate claims. Decisions of the commission are subject to review by the courts. The state Department of Finance often brings legal challenges to the courts in cases where the commission has found a mandate to be reimbursable. The courts may uphold the commission’s decisions or reverse them.

1. It hears and decides test claims alleging that the Legislature or a state agency imposed a reimbursable mandate upon local agencies and school districts. Test claims are exactly what the name implies: Claims testing whether a new requirement constitutes a reimbursable mandate that obligates the state to reimburse locals for the expense they incur in complying with that requirement; 2. It hears and decides claims alleging that the state controller incorrectly reduced payments to local agencies and school districts; 3. It hears and decides requests to adopt new test claim decisions that would supersede previously adopted test claims if there is evidence that the state’s liability for that earlier decision under the California Constitution has been modified based on a subsequent change in the law; and

4. It determines the existence of significant financial distress for counties seeking to reduce their General Assistance payments. The following examines each of these functions in greater detail.

Reimbursable Mandates Defined Reimbursable mandates are new obligations regarding local activity — for example, a new procedure for the police or courts to follow in dealing with domestic violence incidents. The state imposes a mandate directly on local agencies; in other words, such mandates are not the result of a new federal law or a voter-approved state initiative but rather new state legislation or state regulations. continued on page 18

Suspended mandates have proved challenging for local governments.

Tim Cromartie is a legislative representative for the League and can be reached at tcromartie@cacities.org.

www.westerncity.com

Western City, March 2014

9

Regulating the Massage Indus Challenges and Opportunities

T

he State of California regulated neither massage businesses nor massage professionals prior to 2009. Local jurisdictions were able to regulate the industry by ordinances imposing standards related to hours of operation, sanitary conditions, education and other areas of interest and concern. These regulations varied from jurisdiction to jurisdiction with many local governments exercising their land-use and zoning authority to address local concerns associated with massage establishments.

With the rise in prominence of several franchise massage businesses, the massage industry began lobbying for the creation of a certification process that emphasized the professionalism of massage professionals. In 2008 the massage industry helped craft SB 731 (Oropeza, Chapter 384, Statutes of 2008), which established a voluntary certification process for massage professionals through the California Massage Therapy Council (CAMTC), a nonprofit public benefit corporation. CAMTC

comprises 20 board members who are primarily owners of massage establishments and representatives of massage associations or schools that offer massage degrees. The board also includes one member appointed by the League (currently Police Chief Arthur Miller from South Pasadena), one appointed by the California State Association of Counties (CSAC) and one by the Department of Consumer Affairs. The bill’s intent was to professionalize the industry by creating uniform standards for

Kirstin Kolpitcke is a legislative representative for the League and can be reached at kkolpitcke@cacities.org.

10

League of California Cities

www.cacities.org

Massage Industry Statistics: Cause for Alarm While many massage establishments are legitimate enterprises, an alarming number are fronts for prostitution and human trafficking. The rapid proliferation of massage businesses offers cause for concern: • Huntington Beach has seen a 600 percent increase in massage establishments in three years; • San Gabriel has more than 55 licensed massage establishments in four square miles, with 27 on one street; • Fresno has approximately 200 licensed massage establishments; • According to the Polaris Project, it is estimated there are more than 5,000 “fake” massage businesses nationwide;

stry: by Kirstin Kolpitcke

massage practitioners and therapists, with the idea that the massage industry should be treated “no better and no worse” than any other professional service provider. The bill authorized CAMTC to certify massage professionals, conduct background checks and investigate schools offering massage degrees. The law continues to allow jurisdictions to regulate businesses that provide massage services through employees or independent contractors who are not certified by CAMTC. But the law does not allow a

www.westerncity.com

• Websites such as rubmaps.com, backpage.com, naughtyreviews.com and eroticmp.com host profiles of local massage establishments where consumers can comment and write reviews about their experiences, including information about sexual services they received. Further review of these websites reveals indicators normally associated with human trafficking. As of July 5, 2012, rubmaps.com had profiles of 98 massage establishments in Sacramento County alone, naughtyreview.com had 133 profiles and eroticmp.com had 68. It is estimated that at least 87 of these establishments are currently open for business, and 47 of these had two or more comments from reviewers suggesting or explicitly stating that they received sexual services within the past year. • Based on information gathered from surrounding businesses and preliminary research, 22 massage businesses in Sacramento County have indicators of commercial sex activity.

jurisdiction to regulate CAMTC-certified massage therapists or businesses that employ certified massage therapists unless the jurisdiction applies the regulations to other professional services in a uniform manner. In addition, the legislation provides that certified massage therapists have the right to practice massage without any other license, permit or authorization. Other provisions require local governments to charge the lowest business

license fee of any professional service to massage establishments and prohibit local governments from requiring restrooms, showers or other facilities not uniformly required of other professional services. Local jurisdictions are also prohibited from requiring unlocked doors when no staff is available. The statute is set to expire on Jan. 1, 2015. continued

Western City, March 2014

11

Regulating the Massage Industry: Challenges and Opportunities, continued

Problems Since Enactment The benefits of a pilot program include the ability to determine what worked and what didn’t. Unfortunately, many things related to SB 731 are not working for local governments. Since the enactment of SB 731, some jurisdictions have seen a tremendous increase in the number of massage establishments as a whole, which wouldn’t be a bad thing were it not for the increase in illicit massage establishments as well. And the increase isn’t just one or two businesses. Jurisdictions such as Huntington Beach went from nine massage establishments in 2009 to 74 establishments in 2014, and the number continues to grow. San Gabriel, a city of four square miles, has more than 55 massage establishments. The prohibition on local regulation seems to have created additional opportunities for brothels and

PITTSBURG TANK & TOWER COMPANY, INC.

human trafficking. According to law enforcement personnel, indications of illegal activity abound at businesses that: • Claim to offer massage but have locked doors with security cameras; • Employ only women; • Have a strictly male clientele; • Employ individuals with no identification or passports; and • Present indications of people sleeping on-site at the business. While CAMTC is responsible for the certification of massage professionals, it does not have the authority to regulate the businesses or their owners. And because jurisdictions do not “uniformly” regulate professional services, businesses claiming to use only certified massage therapists go unregulated by either CAMTC or the city where they are located. Cities and counties typically adopt land-use and licensing regulations that respond to the location and the types of issues associated with a particular business model (for example, restaurants that operate a drive-through are often regulated very differently than those without one).

Closing these illicit businesses has proved daunting. Police stings result in arrests of both certified and uncertified workers; the following day, the massage establishments are again open for business. A raid in Huntington Beach in February 2013 resulted in the arrest for prostitution of two women who were CAMTC-certified. Three weeks later, the women were still listed on the CAMTC website as active.

League Priorities Many cities have contacted the League about the issues related to SB 731. The League is working to ensure that if the provisions of SB 731 are extended, cities regain some of the tools they need to address the problems associated with this legislation. Some of these priorities include: • Having a state agency instead of a nonprofit oversee the certification and/ or licensing of massage professionals; • Requiring owners of massage establishments to register or be certified by either CAMTC or the local government. Registration will provide the owners with a vested interest in abiding by the law; continued on page 17

Health Care Reform Solutions

YOU supply great WATER WE supply great SERVICE

Keenan’s Health Care Reform Consulting Services help you understand the Affordable Care Act’s (ACA) potential impact on your health care benefit plan. • Analysis of your plan and employee workforce • Prioritizing next steps in alignment with your objectives • Creating a recommended action plan • Evaluating and modeling plan design and contribution strategies • Developing employee wellness and condition management approaches • Identifying cost-savings alternatives to Covered California, including PACE, a unique Joint Powers Authority medical benefits program for public agencies

Inspections Repainting Routine Repair Leasing Extended Warranty Service Agreements

For more information about our Health Care Reform Consulting Services, please contact Steve Gedestad, sgedestad@keenan.com.

Water Storage = Pittsburg Tank (270) 826-9000, Ext. 228 Emergency Service (270) 748-1343 www.watertank.com

12

League of California Cities

License No. 0451271

Innovative Solutions. Enduring Principles.

www.keenan.com

www.cacities.org

Ontario

Provides Homeless With Continuum of Services The city’s continuum of services benefit people like Woody — one of the program’s many success stories.

T

he Great Recession that began in 2007 dealt a severe economic blow to San Bernardino County. Unemployment and foreclosure rates skyrocketed and were among the highest in the nation. The City of Ontario (pop. 166,134), located in western San Bernardino County, was not immune to these harsh economic conditions. A group of homeless people established an encampment area in an industrial area of Ontario in November 2007. The camp expanded to include more than 400 chronically homeless individuals from as far away as Florida. The homeless group had a great need for various services, including basic human necessities, security, drug and alcohol rehabilitation and mental health services.

The City of Ontario partnered with Mercy House Living Centers to create a full-service continuum of care that would provide the social and capital infrastructure necessary to transition all segments of Ontario’s homeless population into stable housing. “We had to work together with a variety of governmental agencies and nonprofit organizations if we were to develop a full-service homeless program with the limited resources that were available,” says Mayor Paul S. Leon.

More than 90 percent of the clients secure permanent housing when they exit the program. The program used a multiphased, multifaceted approach to homelessness with several major components. Temporary Homeless Services Area (THSA). The city established an area to temporarily serve Ontario’s chronically homeless. The THSA provided bathrooms, showers, food distribution, tents and 24/7 security. Services encompassed case management and assistance in securing entitlement benefits, obtaining government issued identification and searching for permanent housing. Mercy House Living Centers also coordinated the delivery of food and social services, including Alcoholics Anonymous and Narcotics Anonymous meetings and fellowship opportunities with 11 local churches. The San Bernardino County Department of Behavioral Health provided mental health services and assistance in relocating qualified persons into appropriate housing.

Temporary Intake Center. The center was created to serve as the starting point where homeless people and those at risk for homelessness could access services, such as emergency case management, basic hygiene kits, bus vouchers, motel vouchers, food vouchers, utility assistance, ID card assistance, prescription drug funding, telephone access, employment and housing assistance and referrals to other community services. Homelessness Prevention and Rapid Rehousing Program. This program provided financial assistance ranging from security and utility deposits and short-term rental assistance, to extensive rapid rehousing assistance that provided up to 12 months of rental and utility assistance with case management targeted specifically for THSA clients. Assisi House Transitional Housing Facility. Single men, single women, and women with children were provided continued

The City of Ontario won the 2013 Helen Putnam Award for Excellence in the Housing Programs and Innovations category. For more about the award program visit www.helenputnam.org.

www.westerncity.com

Western City, March 2014

13

Ontario Provides Homeless With Continuum of Services, continued

sleeping quarters through this facility’s 34-bed transitional housing program. Permanent Housing Units. The project acquired and rehabilitated 10 buildings to create 62 permanent affordable housing units. The extensive rehabilitation of these properties had transformative effects on the surrounding neighborhoods and employed more than 370 construction workers. The units range in affordability and size to meet diverse needs and to help ensure neighborhood acceptance. Tenants range from extremely low-income to lowand moderate-income households. Priority for residency is given to homeless individuals who are assisted by providers participating in the program. In addition, 12 of the residential units are available to individuals with mental illness who are chronically homeless. These supportive housing services use project-based vouchers.

RJN Investigations, Inc. is a

Full-Service Investigative Agency with expertise in the following areas: ✓ ✓ ✓ ✓ ✓

Corporate Investigations Surveillance Interviews/Statements Workers’ Compensation Fraud Background Investigations

After-Care Services. Supportive housing services are provided to permanent housing residents to help them remain stably housed.

Making a Difference The strategy was implemented in phases, and the final permanent housing units were completed and available for lease in January 2012. To date, the program has achieved remarkable results. The THSA population was reduced from more than 400 to three individuals. The San Bernardino County Department of Behavioral Health placed 37 individuals in different housing settings (including 90-day detox programs, board and care facilities and transitional housing) and provided 137 people with mental health services. The City of Ontario placed 31 persons into permanent housing with rapid rehousing assistance and monthly case management provided by Mercy House Living Centers. The Temporary Intake Center has assisted 16,365 unduplicated individuals since January 2007. During the same time period, Assisi House has provided services to 411 unduplicated individuals and families. More than 90 percent of the clients secure permanent housing when they exit the program. The Homeless Prevention and Rapid Rehousing served 200 households including chronically homeless referrals from the THSA. “One of the program’s amazing successes was that approximately 60 percent of the

If your business or clients require problem solving expertise, delivered in a timely and professional manner, then contact RJN Investigations, Inc.

chronically homeless households, which received 12-month rental and utility assistance, remained housed at the time of exiting the program. This is a stunning success rate given that the average household income of these individuals was less than $5,000 annually and that these individuals had a collective average of street homelessness that exceeded 888 days prior to entering permanent housing,” says Larry Haynes, executive director of Mercy House Living Centers. Approximately 36 percent of the new leases are occupied by homeless or formerly homeless families. To date, all of these formerly homeless tenants are performing the functions and duties necessary to retain their permanent housing. The housing units generate net rents of approximately $310,000 and help support the program’s ongoing operational costs. The city council’s commitment to developing strategies and taking action to minimize the negative impacts of the global financial downturn played a central part in the success of Ontario’s comprehensive homeless program. “Ontario has created a compassionate homeless program that works,” says Mayor Leon. “It hasn’t been easy, but the city council has remained committed to providing a way out of homelessness for our most vulnerable people.” Contact: Brent Schultz, housing and municipal services director; phone: (909) 395-2317; email: bschultz@ci.ontario.ca.us. ■

The Temporary Intake Center has assisted

“Proudly serving the insurance and business community since 1987” Toll Free: 888-323-3832 Toll Free fax: 888-223-7283 CACities@rjninvestigations.com

16,365

unduplicated individuals since January 2007. WWW.RJNINVESTIGATIONS.COM CA PI Lic. #12054

14

League of California Cities

Ontario created affordable housing to meet diverse needs.

www.cacities.org

J

O

Western City magazine’s job opportunity section is the source for job seekers looking for positions in local government. When you place a job opportunity ad in Western City magazine, it will be posted at no additional charge on our website. For rates and deadlines, visit www.westerncity. com and click on the Advertise link.

B

O

P

P

O

R

T

U

N

I

T

I

E

S

Display Advertising Call Pam Maxwell-Blodgett at (800) 262-1801 to place a display (boxed) ad or for rate and deadline information, or email admanager@westerncity.com. Website Job Postings Display ads are posted on our website at no additional charge. But if you miss the deadline for getting your job opportunity ad into the magazine, you can post it on the Western City website right away. To post your job opportunity ad on our automated website, visit www.westerncity.com or contact Anita Lopez, administrative assistant; email: alopez@cacities.org; phone: (916) 658-8223.

EXECUTIVE SEARCH DIVISION NOW OPEN! Don’t wait 3-6 months; MuniTemps fills vacancies in 60 days or less! MuniTemps has conducted hundreds of successful executive recruitments. Our services are competitively priced (fixed fees): ✓✓$10k fee on position with salary under $100,000 ✓✓$15k fee on position with salary over $100,000

Serving All Cities in California

1-866-406-6864

“We’re independent, confidential recruiters”

NOW RECRUITING

Economic Development Manager

The City of Oakley is recruiting for an energetic and experienced professional to guide the City’s Economic Development Activities. Candidate must be capable of working effectively and communicating diplomatically with the City Council, staff, residents, citizen and business groups, regulatory bodies, developers, contractors, and other governmental agencies. To obtain more information about this employment opportunity email hr@ci.oakley.ca.us. The final filing date for this position is by 5:00pm on Thursday, March 20, 2014. This is a confidential process and will be handled accordingly throughout the various stages of recruitment. References will not be contracted until mutual interest has been established.

www.westerncity.com

“MuniTemps…Raising the Bar in Executive Search” www.munitemps.com

City Manager, City of Rancho Cordova, CA Rancho Cordova, CA is a 10 year old, diverse city of 67,000 residents located on the eastern edge of Sacramento County. The City is now seeking a City Manager to oversee 68 regular and 90 contract staff members with a FY 2013/2014 budget of $131.1 million. The City offers a stable and supportive City Council that promotes innovation in government, which has resulted in budget surpluses each year since incorporation. The City’s staff and residents exhibit a “can-do” attitude, and the Council seeks a City Manager who will encourage a balance of community initiative and government support. The City Manager will exhibit excellent communication skills and the ability to collaborate and form relationships. It is desirable that candidates possess experience in economic development, large-scale growth, community revitalization, fostering downtown development, managing police services, negotiations, and emergency management. Candidates should have a reputation for solid fiscal management, innovation and promoting a positive work culture. The salary range is $194,483 - $237,432 annually DOQ. The City offers competitive benefits, including 2.7%@55 PERS for “Classic” members. Please see the brochure and apply online at www.bobmurrayassoc.com. Refer questions to Bob Murray at (916) 784-9080. Closing date March 14, 2014. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Western City, March 2014

15

J

O

B

O

P

P

O

R

T

U

N

I

T

I

E

S

City Manager City of Auburn, CA

The “Endurance Capital of the World,” Auburn (pop. 13,500) enjoys majestic views of the American River Canyon and vistas of the Sierra Nevada Mountains. Emerging as a destination point, Auburn brings a high quality of life with historic ambiance, unique shopping and dining experiences, and a plethora of outdoor activities. Appointed by a five-member City Council, the City Manager will oversee the departments of Finance/ Administrative Services, Community Development, Public Works, Police, and Fire, with 85 FTE’s and $19.5M annual budget (including Airport and Sewer enterprise funds). The ideal candidate will possess progressively responsible municipal government experience with at least five years in a leadership role. A Bachelor’s degree in public/business administration, economics, or related field is required; Master’s desirable. Salary DOQ.

Looking for Information?

We Can Help!

Getting up to speed on city issues can be challenging. Western City magazine makes it easier to get a handle on the issues affecting your city. Our website gives you a way to easily locate recent articles that address:

» Community Services » Economic Development » » » » » » » » »

& Tax-Increment Financing Environment, Energy & Climate Change Governance, Legislation & Law Municipal Finance Land Use & Planning Personnel Public Safety Public Trust & Ethics Public Works & Infrastructure Youth

Visit www.westerncity.com and click on “Topics” to read helpful articles that give you both the big picture on statewide issues and detailed examples from cities throughout California.

16

League of California Cities

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Resumes acknowledged within two business days. Call Bobbi Peckham at (866) 912-1919 for more information. A detailed brochure is available at www.peckhamandmckenney.com. Filing deadline is March 31, 2014.

CITY OF SANTA CRUZ Santa Cruz is located in one of the most beautiful areas in California, on the sunny, northern side of the Monterey Bay, 70 miles south of San Francisco and 30 miles southwest of San Jose. Situated between magnificent redwood forested mountains and the Pacific Ocean, Santa Cruz is one of California’s most popular seaside resorts, with 29 miles of beaches. The City is seeking a skilled and experienced executive manager who will be able to lead and inspire a competent and committed staff of human resources professionals. The Director will be relied upon heavily as a professional advisor HUMAN the City Manager and a consultant to William Avery & Associates RESOURCES to department directors. Providing leadership Management Consultants DIRECTOR to the HR Department Team and driving 1 3 / 2 N. Santa Cruz Ave., Suite A a variety of organizational development Los Gatos, CA 95030 initiatives such as succession planning, performance management and 408.399.4424 employee engagement will be priorities. Fax: 408.399.4423

The HR Director will be required to possess a combination of education email: jobs@averyassoc.net www.averyassoc.net and experience that demonstrates broad and extensive knowledge of public sector human resources, including a BA/BS in Business/Public Administration, Human Resources Administration or a related field with a Master’s degree desirable. The salary range is $128,964 to $164,568 annually, DOQ. To be considered for this position, submit a cover letter, resume and five work related references (email preferred) by March 14, 2014. For further information contact Bill Avery at 408.399.4424 or Ann Slate at 805.459.5132. A formal job announcement is available at http://www.averyassoc.net/jobs.

Photo/art credits Cover: Lisa F. Young, Sonya Etchison, Mike Ledray/Shutterstock.com Page 3: Robert Pernell/Shutterstock.com Page 5: top, 360b/Shutterstock.com; bottom, Atomazul/Shutterstock.com

Page 9: Christos Georghiou/Shutterstock.com Pages 13 & 14: Courtesy of City of Ontario and League of California Cities Page 21: Brandon Bourdages/Shutterstock.com Page 25: Jude Hudson, Hudson + Associates

Page 6: Giulio Napolitano/Shutterstock.com Page 7: left, Wayne Hazzard; both images courtesy of California Arts Council

www.cacities.org

Regulating the Massage Industry: Challenges and Opportunities, continued from page 12

The bill’s intent was to professionalize the industry by creating uniform standards for massage practitioners and therapists. • Authorizing local governments to regulate massage businesses if the owner is not certified or registered. This provision would encourage all owners to be certified or registered; • Modifying the language that authorizes local governments to regulate massage businesses to the extent a jurisdiction “uniformly” regulates other business professionals. Because cities and counties do not uniformly regulate business professionals, the existing law effectively prevents the regulation of the massage industry; • Authorizing CAMTC and/or local jurisdictions to discipline owners who fail to obtain and maintain the local certificate of registration. This provision would help link the local permit with the certification; • Changing the language in existing law that limits a business license fee to the lowest fee for other professional services. This should be changed from “lowest” to “average” if the massage industry wants to be treated “no better and no worse” than other professional businesses; • Authorizing jurisdictions to restrict a massage establishment from opening in the same location where one was previously closed due either to CAMTC disciplinary action or disciplinary action by the local jurisdiction in the past year; and • Adding a representative from law enforcement to the CAMTC board.

Take Action Mayors and council members whose cities are experiencing issues with massage establishments are urged to contact their www.westerncity.com

More Resources Online

state legislators to inform them about the consequences of SB 731. In addition, the League requests that local elected officials share information on issues related to SB 731 with their regional public affairs manager and Kirstin Kolpitcke, legislative representative; email: kkolpitcke@cacities.org. J

O

B

O

P

P

O

For additional related resources, visit the League website at www.cacities.org, click on “Policy and Advocacy” and select “Hot Issues” to see the link for “Massage Regulation.” ■

R

T

U

N

I

T

I

E S

General Manager, Pleasant Valley Recreation and Park District Pleasant Valley Recreation and Park District (PVRPD), located in and around the city of Camarillo, CA, maintains over 300 acres of parkland, open space, and recreation areas that provide a wide array of opportunities for area residents. The District serves an area of approximately 45 square miles and provides services through its 27 park locations, 13 facilities, 4,000 programs, and numerous community-wide special events. PVRPD serves over 400,000 people annually while operating on an $8.2M budget. The District has 32 full-time employees and a part-time staff of over 100 seasonal and contract employees. PVRPD is now seeking a General Manager. Strong candidates will possess ten years of increasingly responsible experience in parks and recreation with a municipality or special district that includes management and administrative responsibilities. A Bachelor’s Degree in Park Management, Recreation Administration, Public Administration, or a closely related field is required. A Master’s Degree in one of the aforementioned areas is highly desirable. The salary for this position is competitive and open, DOQ. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Regan Williams or Fred Freeman at (916) 784-9080 should you have any questions. Brochure available. Closing date March, 21, 2014. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Recreation Manager Town of Ross Located in the County of Marin, Ross is approximately 18 miles north of San Francisco over the Golden Gate Bridge. Ross encompasses only 1.6 square miles and has 2,446 residents. The Town is currently seeking a Recreation Manager to assume responsibility for overseeing a comprehensive community recreation program that includes youth and adult sports, summer camps, licensed preschools, after school programs, special interest classes, and other recreation and educational programs. Requires the equivalent of a Bachelor’s degree and five years of increasingly responsible experience in recreation program development and implementation including at least one year of experience in staff supervision. This is a three quarter time (1,560 hours annually) position with an hourly salary range of $38.46 to $51.28. Candidates are encouraged to submit a resume, cover letter, salary history, and professional references via email to apply@ralphandersen.com by the closing date of April 4, 2014. Confidential inquires welcomed to Heather Renschler at (916) 630-4900. Detailed recruitment brochure available at www.ralphandersen.com. Ralph Andersen & Associates

Western City, March 2014

17

Understanding State Mandates and Suspended Mandates: Local Government Impacts, continued from page 9

The nature of this obligation forces local agencies to pay for a new governmental program or procedure, which in turn puts pressure on local tax revenues. In the case of domestic violence offenses, this could be a new law requiring district attorneys to perform database searches of domestic violence defendants to find out if they J

O

B

O

P

P

O

have committed prior related offenses and requiring those offenses to be admitted into evidence in court. A decision by the Commission on State Mandates that a new requirement is in fact a reimbursable mandate automatically triggers an obligation for the state to reimR

T

U

N

I

T

I

E

S

Closing soon . . . Police Captain Police Lieutenant City of Livermore

Located in the East Bay, the City of Livermore is home to a population of 83,000. The Livermore Police Department is supported by 90 sworn and 50+ non-sworn staff. There is currently one vacancy for each position. The eligible list resulting from these recruitments will be available to the Police Chief for 12 months and further selections from the lists could be made if other vacancies occur. Visit www.tbcrecruiting.com for detailed brochure. Closes March 9, 2014 Teri Black • 310.377.2612 • Joe Brann

burse local governments for expenses incurred in complying. In general, the state is required to reimburse (fund) or suspend any mandate found to be reimbursable.

Incorrect Reduction of Payments If the Commission on State Mandates determines that the State Controller’s Office has incorrectly reduced mandate reimbursement payments to local governments through an accounting error or other reason, the State Controller’s Office is obligated to make good the shortfall in payments. However, there does not appear to be a specific deadline by which this additional payment or payments must be made.

Adoption of New Test Claim Decisions The Commission on State Mandates will receive a request from the local agency subject to a mandate to adopt a new test claim decision if — since the time that it decided a prior related test claim — a new statute or regulation has been passed

Exceptions: When a Fee May Be Charged

Rancho Murieta Community Services District Rancho Murieta, California; General Manager The RMCSD provides essential services to an area of 3,500 acres with 2,600 households and 6,000 residents currently, total build out allowing for 5,189 units. Services include water, wastewater, storm water, security and solid waste. Revenues are $5.6 million with 35.5 FT employees. Only 25 miles from Sacramento and with an incredible array of amenities and recreational opportunities for all ages and a plethora of trails, parks and incredible open spaces one can imagine the superb quality of life enjoyed by this gated community’s residents. Bachelor’s degree required, Master’s and/or PE a plus along with five years of broad and extensive work experience in a management position in a private or public utility agency. Hiring range is from $136,260 to $163,524 DOQE with excellent benefits.

18

League of California Cities

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Resumes acknowledged within two business days. Call Phil McKenney at (866) 912-1919 for more information. A detailed brochure is available at www.peckhamandmckenney.com. Filing deadline is March 31, 2014.

Local officials are justifiably frustrated by the increase in state mandates and the impact of compliance on local budgets. However, legislation requiring a local agency to provide a mandated service often does not rise to the level of a “reimbursable” mandate because the agency can charge a fee to cover that service. Legislation for this type of mandate includes language that declares no reimbursement is required because “… the local agency has the authority to levy service charges, fees or assessments sufficient to pay for the program or level of service.” Examples of mandates that are not reimbursable because of the local agency’s fee authority include solid waste and recycling requirements.

www.cacities.org

that alters the state’s liability in a way that affects the prior decision. In deciding such questions, the commission relies on the general rule on reimbursable mandates found in Article XIIIB, Section 6 of the California Constitution.

Significant Financial Distress Counties are the primary entities through which General Assistance is distributed to the indigent and needy. In times of fiscal stress, counties may need to reduce the level of such assistance but can do so only if the Commission on State Mandates issues a finding of significant financial distress.

Suspended Mandates and What Cities Can Do About Them Given prevailing budget conditions and California’s ongoing dependence on income tax revenue for the robust health of its General Fund, the recent trend in state government has been for the Department of Finance to annually scour the list of state-mandated local programs and suspend as many as possible. Under Governor Brown, who has publicly expressed the need to restore control and funding responsibility for many government programs to the local level, this trend is expected to continue into the foreseeable future — at least until the state experiences a sustained economic recovery, and possibly beyond that time.

Mandates and Proposition 1A California voters approved Proposition 1A in November 2004. Among its other provisions, Prop. 1A strengthened protections for local governments against unfunded mandates by requiring the state, for the first time, to suspend any mandate it did not fund during any given budget cycle. The legal effect of a suspension is that local governments are no longer required to comply with a suspended mandate so, in theory, it provides some fiscal relief. However, in practice, suspended mandates have proved challenging for local governments. In the case of certain mandates, local compliance efforts have to be maintained

www.westerncity.com

for reasons related to purely local political pressures or priorities. One example of this is mandatory holding periods for stray animals before they can be euthanized.

forward, it also allows the state to defer payments intended to reimburse locals for expenses incurred as a result of their compliance efforts prior to the date of the suspension. Depending on the mandate, this can amount to millions of dollars per jurisdiction. The deferment remains in

In addition, once a mandate is suspended, it not only relieves the state of the responsibility to fund that mandate going J

O

B

O

P

P

O

continued

R

T

U

N

I

T

I

E S

CITY OF SANTA CRUZ Situated between magnificent redwood forested mountains and the Pacific Ocean, Santa Cruz is one of California’s most popular seaside resorts, located 70 miles south of San Francisco and 30 miles southwest of San Jose. The mild, Mediterranean climate invites all to enjoy the numerous forest and mountain trails, spectacular ocean vistas, and rich and varied marine life. The Director of IT is expected to provide the technology vision, leadership and guidance to the entire organization. An important priority for the City is beginning implementation of the City’s recent IT Strategic Master Plan. The Director of IT will lead efforts to bring technology solutions to increased community engagement initiatives.

DIRECTOR OF INFORMATION TECHNOLOGY

William Avery & Associates Management Consultants 31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030

This position requires a background of education and experience 408.399.4424 Fax: 408.399.4423 equivalent to graduation from a four-year college with major course email: jobs@averyassoc.net work in IS/IT, computer science, business or public administration or a www.averyassoc.net related field and five years of increasingly responsible management level experience in IT analysis, planning, development and implementation. At least two years of this must have been in a position including responsibility for departmental management, administrative control and supervision. The salary range is $128,964 to $164,568 annually, DOQ. To be considered for this position, submit a cover letter, resume and five work related references (email preferred) to Bill Avery by March 21, 2014. A formal job announcement is available at http://www.averyassoc.net/jobs.

Police Chief, City of Tehachapi, CA The City of Tehachapi is located 35 miles east/southeast of Bakersfield and west of Mojave in the foothills of California’s Sierra Nevada mountain range, with a population of just under 14,000 that enjoys the best of small-town living while embracing innovation. Tehachapi is now seeking a Police Chief to oversee a Department of 17 full-time employees and a FY 2013/2014 budget of $2.79 million. Tehachapi is seeking a candidate who will fully embrace the spirit of the City and become a visible, active, and engaged member of the community. The City is seeking a skilled administrator and capable manager as a candidate for this position. Candidates must possess at least three years of varied, increasingly responsible law enforcement management experience and be eligible for a POST Management Certificate. Preferred qualifications include a bachelor’s degree and graduation from POST Command College or POST Supervisory Leadership Institute. The salary range for the Police Chief is $88,728-$138,924 annually; placement within the range is dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Regan Williams at (916) 784-9080 should you have any questions. Brochure available. Closing date March 21, 2014. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Western City, March 2014

19

Understanding State Mandates and Suspended Mandates: Local Government Impacts, continued

force until the state lifts the suspension. In practice, once a mandate is suspended, the suspension is rarely lifted, and the local agencies often go unpaid in the meantime for prior compliance efforts.

mentioned, in some cases — for political or other reasons — cities have little choice but to continue the activities associated with unfunded mandates. But it may be useful to explore the range of options, given the steadily shrinking volume of

Cities have a range of options as to what they can do in response. As previously J

O

B

O

P

P

reimbursement coming from the state. For example: • Cities can continue with previously mandated activities, knowing that the costs will just have to be absorbed locally; • Cities can opt to discontinue compliance efforts for the mandates that have been suspended; and

O

R

T

U

N

I

T

I

E

S

Public Works Director/City Engineer City of Stanton, California

Salary: $116,256 - $141,312 annually, DOQ The City of Stanton, with a population of approximately 39,000, is located in northwest Orange County and is in close proximity to beaches, Disneyland and Knott’s Berry Farm. Stanton has an excellent career opportunity for a dynamic, experienced professional to serve as Public Works Director/City Engineer. The new Director will have a broad working knowledge of policies and procedures necessary to provide engineering, public works and facilities maintenance programs and services including the Fats, Oils and Grease (FOG), National Pollutant Discharge Elimination System (NPDES) and develop and implement ambitious Capital Improvement Programs (CIP). He/she needs to be a “hands-on” leader to facilitate advanced engineering projects and provide assistance to the Planning Commission, City Council and citizen groups. Requirements for this position are: BA degree in Civil Engineering, six (6) years of professional experience in municipal engineering and public works management and registration as a Professional Civil Engineer with the State of CA. For a detailed announcement, visit the City’s website: www.ci.stanton.ca.us (and click on Employment Opportunities) or Stanton City Hall at 7800 Katella Ave., Stanton, CA 90680, (714) 379-9222. EOE.

• Cities can seize the opportunity to examine the degree to which the underlying policy or societal goal driving the suspended mandates matches local priorities and, to the degree that they do, explore ways to create greater efficiencies through costsaving best practices that may reduce related administrative burdens.

Recently Suspended Mandates In fiscal year 2013–14, the State of California suspended a total of 60 mandates. Of these, three were suspended for the first time and affected cities by relieving them of previously mandated costs. These mandates include: 1. Domestic violence background checks; 2. Identity theft; and 3. Voter identification procedures.

Domestic Violence Background Checks

Now open . . .

City Manager

City of Manhattan Beach This highly desirable urban coastal community of 35,423 in Los Angeles County is seeking a visionary and community oriented leader. Visit the TB&Co. website for brochure containing detailed information – www.tbcrecruiting.com Teri Black-Brann • 310.377.2612 Carolyn Seeley • 949.487.7606

20

League of California Cities

This mandate requires district attorneys and prosecuting city attorneys to perform database searches of persons charged with domestic violence and of persons against whom a domestic violence restraining order may be issued. Information on prior related offenses and/or incidents must be presented to the courts for consideration under certain circumstances.

The recent trend in state government has been for the Department of Finance to annually scour the list of state-mandated local programs and suspend as many as possible.

www.cacities.org

The cumulative statewide cost in claims is $19.2 million. The average annual cost is $1.74 million (over 11 years). The actual annual cost exceeded $2.2 million over the past three fiscal years. In most cases, counties shoulder this responsibility exclusively. Suspension of this mandate may affect cities that have a city prosecutor. The state controller estimates that 33 percent, or $6.3 million, of these claims were generated by cities. Cost-saving best practices include: • Expanding use of digital/electronic search engines and databases; • Systematically saving and storing search results by law enforcement entities in-house to save costs of compliance regarding repeat offenders; • Exploring the option of pooling resources with other cities and/or the county to lower cost of funding this activity; and • Consulting the local district attorney for guidance.

Identity Theft This mandate requires local law enforcement agencies to take a police report and begin an investigation when a complainant residing within their jurisdiction reports suspected identity theft. The cumulative statewide cost in claims is $83.4 million. The average annual cost is $6.4 million (over 13 years) The actual annual cost exceeded $9 million over the past five fiscal years. Reimbursement claims have been filed by 38 percent of cities and 36 percent of counties. Thus it appears that a majority of acts of reporting triggered by this mandate are performed by municipal police departments, which receive the majority

of complaints about incidents of identity theft. Over a period of nine fiscal years, the City of Los Angeles alone accounted for 38 percent of the identity theft reports statewide. Inquiries are pending with the Commission on State Mandates to determine how much of the cumulative statewide cost is accounted for by cities. J

O

B

O

P

P

O

Cost-saving best practices include: • Considering the option of pooling investigatory resources with counties; • Developing uniform procedures for identity theft investigation, drawing from federal, state and county resources; and continued

R

T

U

N

I

T

I

E S

City Of Gridley Finance Director Salary up to $113,000 DOQ (currently under review) The City of Gridley has an immediate opening for a Finance Director. The City has 45 full time employees and a budget of $25,000,000 ($18,200,000 operational and $7,000,000 capital). This position is responsible for planning, organizing, directing, and managing the City’s Finance Department. The ideal candidate will have a combination of education and experience equivalent to the following: a Bachelor’s Degree from an accredited college or university in Finance, Accounting, or Public Administration, a minimum of four years of progressively responsible experience in a governmental financial system. A Master’s Degree may be substituted for one years’ work experience. The City participates in the PERS 2% at 55 retirement plan for miscellaneous employees (classic PERS employees). CalPERS 2% at 62 for new members. The City does not participate in Social Security. Applications may be picked up at 685 Kentucky St., Gridley, CA, or online at www.gridley.ca.us. For further information, please contact Jodi Molinari at (530) 8463631 or jmolinari@gridley.ca.us or Rob Hickey at (530) 846-5695 or rhickey@gridley.ca.us.

Regional Government Services

Seeking Public Sector Professionals in Human Resources and Finance

$60 hourly to $100 depending on experience, qualifications, and job assignment. Regional Government Services seeks Public Sector Professionals at a variety of professional and technical levels, from analyst to director for our service partners (other state agencies). We offer independence and flexibility! Assignments vary and are throughout California, both home-based and at service partner offices. 20-45 hours weekly. Must have STRONG public sector experience. Requires BA in HR, Business, Finance, Public Policy, or related (Master’s preferred) and 5 years progressively more experienced professional-level public-sector experience. For more detailed information and to apply, go to CalOpps at http://www.calopps.org. Click Member Agencies, then Regional Government Services, then Public Sector Professional. Only applications filed through CalOpps will be reviewed on an Open Until Filled basis. Contact roppenheim@rgs.ca.gov for questions.

www.westerncity.com

Western City, March 2014

21

Understanding State Mandates and Suspended Mandates: Local Government Impacts, continued

• Coordinating with local banks, many of which can provide financial information packets prepared by bank fraud investigators to be filled out by identity theft victims.

The cumulative statewide cost in claims is $7.5 million. The average annual cost is $750,000 (over 10 years). The actual annual cost exceeded $1.2 million in two of the past three fiscal years.

Voter Identification Procedures

The impact on cities is likely minimal. This is primarily a county responsibility, as the Registrar of Voters is typically a county-level office. However, at least two cities in California shoulder this responsibility, based on reimbursement claims filed between 2002-03 and 2010-11.

This mandate requires elections officials to compare the signature on each provisional ballot envelope with the signature on the voter’s affidavit of registration, completed at the time that he or she registers to vote. J

O

B

O

P

P

O

R

T

U

N

I

T

I

E

In the same period, 17 counties filed similar claims. Inquiries are pending with the Commission on State Mandates to determine how much of the cumulative statewide cost is accounted for by cities. Consult the California Association of Clerks and Elections Officials (at www. caceo58.org/home-page) for information on cost-saving best practices.

More Information Online For a summary of previously suspended mandates, including animal adoption, domestic violence information, inmate AIDS testing, law enforcement sexual harassment training, missing persons reports, photographic record of evidence, sex offenders disclosure by law enforcement officers and stolen vehicle notification, read the online version of this article at www.westerncity.com. ■

S

Don’t Miss the Top Hits on Our Website! 1 How the Arts and Cultural Tourism

4 California Supreme Court: Cities

Spur Economic Development – May 2013

Once a mandate is suspended, it also allows the state to defer payments intended to reimburse locals for expenses incurred as a result of their compliance efforts prior to the date of the suspension.

May Ban Medical Marijuana Dispensaries – December 2013

2 The Bay Delta Conservation Plan:

5 Montclair and Ontario Invest

An Overview and Local Perspectives – July 2013

In Future Workforce – January 2014

3 How the Second Amendment Right to Bear Arms Affects the Local Police Power to Regulate Firearms – November 2010

P

R

O

F

E

S

www.bobmurrayassoc.com

west coast headquarters 1677 Eureka Road, Suite 202 Roseville, CA 95661 phone 916•784•9080

east coast 2910 Kerry Forest Parkway D4-242 Tallahassee, FL 32309 phone 850•391•0000

22

League of California Cities

S

I

O

Read these articles today at www.westerncity.com

N

A

L

S

E

R V

I

C

William Avery & Associates, Inc. Labor Relations / Executive Search / Human Resources Consulting 31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030 408.399.4424 Fax: 408.399.4423 email: jobs@averyassoc.net www.averyassoc.net

E

S

D

I

R

E

C

T O

R Y

Bobbi C. Peckham • Phil McKenney

Peckham&McKenney “All About Fit” www.peckhamandmckenney.com Roseville, CA

866.912.1919

www.cacities.org

P

R

O

F

E

S

S

I

O

N

A

L

S

E

R V

I

C

E

S

D

I

R

E

C

T O

R Y 916.630.4900

There’s an Entire Team Behind Every Assignment

Specializes in Executive Search

Sherrill Uyeda Cindy Krebs Syldy Tom

• Executive Recruitment • Management Consulting • Public Safety Headquarters Office

400 Oceangate, Suite 510 Long Beach, CA 90802 T: (562) 901-0769 F: (562) 901-3082

www.RalphAndersen.com

www.allianceRC.com http://twitter.com/Alliancerc facebook/Alliance Resource Consulting, LLC

Celebrating 20 Years!

“Your Virtual City Hall”

Budget Stabilization & Staffing Analysis Citywide/Department Management Studies S FIRE Staffing Deployment or Reduction Analysis FIRE Consolidation Studies & Master Plans Maximizing Human Capital Assets Capi Leadership Development

(916) 458-5100 | www.citygateassociates.com

Municipal Executive Coaching Services “facilitating excellence from within” FOR LOCAL GOVERNMENT MANAGERS

» HR Training & Support » Internal Coaches Training » Succession Planning » Leadership Development » Coaching Workshops » EQ Coaching & Assessment

Russ Carlsen, Municipal Coach West Coast Office | (360) 961-1300

municipalcoaching.com

Managing Tomorrow’s Resources Today Providing Consulting Services to Recycling, Solid Waste, Water and Wastewater Management for more than 20 Years

• Planning • Procurement • Management

More than 600 public agencies have chosen PARS for retirement solutions that help save money, such as: • OPEB pre-funding trust to reduce liabilities • Social Security alternatives for part-timers to save 79% • Leave conversion plans to reduce large payouts at end 800.540.6369 x 116; mbarker@pars.org www.pars.org ©2013 Public Agency Retirement Services (PARS). All rights reserved.

Norman Roberts

Valerie Roberts

PO Box 16692 Beverly Hills, CA 90209 Telephone: (818) 783-7752 Email: robertsrcg@msn.com Web: www.robertsrcg.com

Working in Partnership with Local Communities Municipal Engineering Building Plan Review, Inspection & CASp Staff Augmentation Construction Management Fire Prevention Services Sustainability Programs Digital Plan Review Code Enforcement Planning Services

(877) 794-2016

www.csgengr.com

San Mateo • Santa Ana • Sacramento • Salinas • Pleasanton • Newman

mplanninggroup.com

HF&H CONSULTANTS, LLC

Looking for budget balancing tools?

Executive Recruitment for Senior Level Positions

• Financial/Rates • AB939 Compliance • Litigation Support

www.hfh-consultants.com Walnut Creek (925) 977-6950

www.westerncity.com

Irvine (949) 251-8628

P O L I C Y · D E S I G N · S U S TA I N A B I L I T Y · S TA F F I N G

Western City, March 2014

23

P

R

O

F

E

S

S

I

O

N

A

L

S

E

R V

The Best Procurement Solution for Public Agencies

I

C

E

S

Exceeding clients’ expectations since 1987.

www.uscommunities.org

Classification | Compensation Special Surveys | Performance Management

NHA ADVISORS

Strategy. Innovation. Solutions.

Public Finance Public - Private Partnerships Green Finance Office: 415.785.2025 Fax: 415.506.3401

www.NHAadvisors.com

Strategy. Innovation. Solutions. 4040 Civic Center Drive, Suite 200, San Rafael, CA 94903

I

R

Providing a Complete Range of Services to Cities, Counties and Special Districts

FINANCIAL PLANNING U T I L I T Y R AT E ST U D I E S E N E RGY CO N S U LT I N G BOND MARKETING I N D E P E N D E N T P U B L I C F I N A N C E A DV I S O R S

www.bartlewells.com

Creating value by delivering innovative and sustainable solutions for infrastructure and the environment.

Planning & Urban Design Environmental Services Public Works Surveying & Mapping GIS Community Engineering

Management and operations studies Feasibility studies User fees and cost allocation Police • Fire • Public Works • Utilities Parks & Recreation • Administration Planning & Building

www.rbf.com

24

League of California Cities

Transportation Planning & Engineering Traffic Engineering & Mobility Planning Structrual Water Resources

www.mbakercorp.com

800.479.3808

Providers of Land Use Planning For a Better Community

HELPING LOCAL GOVERNMENT LEADERS

SPECIALTIES

PROJECTS

• Coastal Act • Local Coastal Program Amendments & Revisions • Regional and Local Planning • Feasibility Analysis • Public Hearing Presentations

• • • • • •

managementpartners.com

SPECIALISTS IN CLASSIFICATION, JOB EVALUATION AND COMPENSATION

1-888-522-7772 • www.compensationconsulting.com Offices in various major cities

R Y

675 Hartz Avenue, Suite 300 • Danville, CA 94526 866-426-2323 • www.municipalresourcegroup.com

Offices in California, Texas, Illinois, Massachusetts & Washington

Brentwood Village, 149 S. Barrington Ave., #726, Los Angeles, CA 90049-2950

T O

• Management, Leadership & Organizational Assessments • Financial Management, Fee Studies & Fiscal Sustainability • Human Resource Management, Labor Relations & Investigations • Recreation, Parks & Community Services • Police, Fire & Communication System Studies • Public Works & Engineering • Library Operations • Planning, Community & Economic Development • Project Management

201 SAN ANTONIO Circle, Suite 148 MOUNTAIN VIEW, CA 94040 650.858.0507 • www.matrixcg.net

915 L Street, #C-102, Sacramento, CA 95814

C

BA

matrix consulting group

5663 Balboa Ave., #399, San Diego, CA 92111-2705

E

Contact: Allan Crecelius or Sandra Comrie

12707 High Bluff Dr., Ste 200 San Diego, CA 92130 Tel 858.259.3800 fax 858.792.7465 acrecelius@rewardstrategy.com

Co-sponsored by the League of California Cities

D

Municipal Commercial Marinas Agricultural Residential Land Re-Use

www.schmitzandassociates.com

818.338.3636

Budget Strategies ∙ Service Sharing Organization Analysis ∙ Performance Management Process Improvement ∙ Strategic Planning Executive Recruitment ∙ Facilitation/Team Building

E XPERIENCE , T ALENT , COMMITMENT TO PUBLIC SERVICE San Jose ∙ Orange County ∙ Cincinnati ∙ 408-437-5400

www.cacities.org

What is your city’s most urgent infrastructure or land-use challenge? Read more “On the Record” at www.westerncity.com.

Kathryn Murray Council Member Crescent City

Barbara Halliday Council Member Hayward

Thurston Smith Mayor Hesperia

www.westerncity.com

Proposition 218 protests about raising water and sewer rates have been a big challenge.

Building a new library to replace our 50-yearold outdated one, which can no longer accommodate after-school and adult literacy programs.

A new wastewater treatment plant was recently approved; now we need to find financing.

Joseph Palla Council Member Cloverdale

Kristal Jabara Council Member San Marcos

Karen Spiegel Mayor Corona

Our water system is undersized for our population, and businesses need water to expand.

We need to find funding for road maintenance.

We’re known as the “Corona crawl” because the freeway is so crowded. An expansion is under way and will be completed in 2017.

Western City, March 2014

25

Thank you to all of the 2014 League Partners

Platinum ($15,000+) 1,2

2

1,2

2

1,2

2 2 2

2

2

2

2

1,2

2

1,2

BUILDING AMERICA®

Gold ($10,000+) California Apartment Association Hanson Bridgett LLP1,2 Lewis Investment Company2

Liebert Cassidy Whitmore1 Meyers Nave1,2 Renne Sloan Holtzman Sakai LLP1,2

Republic Services Inc.2 Willdan Young Homes2

Silver ($5,000+) Charles Abbott Associates California & Nevada IBEW/ NECA Labor-Management Cooperation Trust California Grocers Association2 California Restaurant Association DW Development2

Dart Container Corp.2 ecoATM Goldfarb & Lipman LLP Greenwaste Recovery Inc. Interwest Consulting Group Inc. JPMorgan Chase & Co. Kronick Moskovitz Tiedemann & Girard1

Alvarez-Glasman & Colvin2 American Forest & Paper Association American Red Cross Best Way Disposal2 CMTC CalPortland2 Carpenter/Robbins Commercial Real Estate Inc. Cerrell Associates Colantuono & Levin2 CORE Public Affairs2

Desert Valley Medical Group Inc./Prime Healthcare2 Edgewood Partners Insurance Center Fieldman Rolapp & Associates Fulbright & Jaworski GDQ Law2 Garaventa Enterprises2 Hill International2 Holliday Rock Company Jefferies LLC

2

NBS Northrop Grumman The Olson Company2 Prometheus Real Estate Group Inc.2 San Manuel Band of Mission Indians2 Schiff Hardin LLP

ServPro2 Starbucks Tribal Alliance of Sovereign Indian Nations2 US Bank Union Bank2 Vavrinek Trine Day & Company LLP

Bronze ($3,000+)

AMR2 Accretive Realtors2 Amador Valley Industries2 Architects Orange2 Ashwood Construction Atkins Avery Associates2 Berliner Cohen Blue Line Transfer Inc.2 Bowlby Group Inc.2 CARE2 CR&R2 California Consulting2 California Debt and Investment Advisory Commission

California Hotel & Lodging Association California Refuse Recycling Council Calimesa Chamber of Commerce2 City Ventures2 Classic Communities2 Climatec2 Cost Control Associates Inc. Cunningham Davis2 Desert Valleys Builders2 Diamond Hills Auto2 DiMare Van Vleck & Brown LLC

Library Systems & Services LLC Marin Sanitary Service2 Molycorp2 Bob Murray & Associates PARS/Phase II Pacific Rail2 Piper Jaffray2 Psomas2 James Ramos2 Recology2 Robson Homes LLC2

San Bernardino County Safety Employees2 San Bernardino Police Officers Association Santa Ynez Band of Mission Indians2 Schneider Electric2 Seifel Consulting Inc. Stradling Yocca Carlson & Rauth SummerHill Homes2 TREH Development2

Basic ($1,000+)

Dokken Engineering2 E&J Gallo Emanuels Jones and Associates Fard Engineers2 Fresno Police Officers Association GHD Inc.2 Gresham Savage Nolan & Tilden PC Innisfree Ventures2 J.R. Roberts/Deacon Inc. Jamboree Housing Corporation Jones Hall2 Jones & Mayer

Join the Partners Program Today! Contact Mike Egan | (916) 658-8271 | egan@cacities.org

Kasdan Simonds Riley & Vaughan LLP LaBarge Industries2 Lew Edwards Group2 Marchetti Construction Inc.2 Morley Brothers LLC2 Napa Recycling2 Potential Industries Rabobank2 Rancho San Gorgonio2 Riverside Construction2 San Mateo County Association of Realtors2 Santa Monica Police Officers Association

Severn Trent Environmental2 Sobrato Organization2 Specialty Solid Waste & Recycling2 Studio T SQ2 Swinerton Management UCLA Government & Community Relations Urban Futures2 Vali Cooper & Associates Inc. Waste Management2 West Builders2 Partial list as of 2/1/2014

1 – Institute for Local Government supporter 2 – CITIPAC supporter


Western City March Issue