Western City December 2014

DECEMBER 2014 |

The Monthly Magazine of the League of California Cities速

速

Electronic Transparency and Open Data: A Movement Worth Joining p.11 Addressing Health & Safety Issues Related to Public Encampments & Vehicle Habitation p.9 Promoting Good Governance Within Your Agency p.8

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CONTENTS 2 Calendar of League Events 3 Executive Director’s Message Ethics, Transparency and Building Public Confidence in Local Government

By Chris McKenzie

Achieving excellence in public service requires dedication, tenacity, patience and a commitment to transparency and the highest ethical standards.

7 City Forum

New Mayors and Council Members’ Academy Provides a Strong Start

9 Legal Notes

Addressing Health and Safety Issues Related to Public Encampments and Vehicle Habitation

By Stephen A. McEwen and Lisa S. Kurihara In dealing with public encamp ments and vehicle habitation, city officials must be sensitive to the constitutional rights of the affected individuals, who are often homeless, and the many related complex social welfare challenges.

11 Electronic Transparency

and Open Data: A Movement Worth Joining

By Eva Spiegel

By Lea Deesing

eld each January in Sacramento, H the academy features seasoned experts who present the nuts and bolts of city council operations.

8 Everyday Ethics for Local Officials

Promoting Good Governance Within Your Agency

ood governance depends on G officials and staff knowing and understanding the duties and responsibilities of their agency — and their position within the agency — as well as the relevant laws and requirements that govern it.

aking information that local agenT cies already have and making it open to the public reduces in-house costs and builds efficiencies for both staff and constituents. In the past the public typically had to ask for this data through a public records request, which could take days or weeks to produce results. Cities can now share that data online proactively and let others analyze and use it in various ways.

Job Opportunities 15 Professional Services 23 Directory

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On the Record

Cover Image: Maksim Kabakou/ Shutterstock.com

City officials share their community’s top fiscal challenge.

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President Stephany Aguilar Council Member Scotts Valley

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

First Vice President Dennis Michael Mayor Rancho Cucamonga

Second Vice President JoAnne Mounce Council Member Lodi

Immediate Past President José Cisneros Treasurer San Francisco

Executive Director Chris McKenzie

For a complete list of the League board of directors, visit www.cacities.org/board.

leaguevents

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

December

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

3– 4

Municipal Finance Institute, Monterey This conference provides essential information for city officials and staff involved in fiscal planning for municipalities.

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

3– 5

Administrative Assistant Kimberly Brady (916) 658-8223 email: kbrady@cacities.org

City Clerks’ New Law and Elections Seminar, Monterey The seminar covers laws affecting elections as well as many aspects of the clerk’s responsibilities.

Contributors Dalea Fong Martin Gonzalez Koreen Kelleher Melissa Kuehne Patrick Whitnell

January 2015 14–16

New Mayors and Council Members’ Academy, Sacramento This vitally important training prepares newly elected officials for the demands of office and introduces them to the legal constraints on city councils.

Associate Editors Jim Carnes Carol Malinowski Carolyn Walker

15 –16

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

Design Taber Creative Group Advertising Design ImagePoint Design

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For photo credits, see page 16.

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.

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City Managers’ Department Meeting, San Francisco Geared to the unique needs of city managers, this conference covers issues affecting cities throughout California.

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

For the latest information on League conferences and events, follow us on Twitter @CaCitiesLearn.

For legislative and policy updates and more, follow @CaCities.

Follow Western City @WesternCityMag.

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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. 12.

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

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Executive Director’s Message by Chris McKenzie

Ethics, Transparency and Building Public Confidence in Local Government This month Western City focuses on the issues of ethics and public trust. The League and the Institute for Local Government (ILG), the nonprofit research affiliate of the League and the California State Association of Counties, offer a variety of helpful resources about these topics for local elected officials and city staff.

a comprehensive range of ethics-related issues in five basic categories:

“Everyday Ethics” Archive Offers Insights and Tips

4. Campaign ethics; and

The magazine has published a regular column, “Everyday Ethics for Local Officials,” since 2002, and this month’s installment wraps up the 12-year series. The articles in the series cover

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1. Ethical dilemmas that elected officials commonly encounter; 2. Conflicts of interest; 3. Transparency practices and policies for local agencies; 5. Specific issues related to specific laws.

Each article presents an overview of the challenge or problem and explores various scenarios for analyzing the situation and identifying the appropriate action(s) to be taken as well as missteps

to avoid. Throughout the series, readers are reminded that the law creates a floor for conduct, not a ceiling — just because a given course of action is legal doesn’t mean it is ethical or that the public will perceive it as such. While complying with the law offers a starting point, elected officials are wise to consider a course of action that goes beyond what the law requires in terms of taking into account what best serves the community’s interests.

Although many of the dilemmas explored in the articles involve complex or difficult choices, issues are presented in a clear and easy-to-understand manner. continued

Western City, December 2014

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Ethics, Transparency and Building Public Confidence in Local Government, continued

Despite the time span of the series, these articles remain relevant and timely.

Over the years, some of the columns have been updated as needed to reflect changes in the law and Fair Political Practices Commission regulations. As a result, the “Everyday Ethics” archive provides a wealth of helpful material on a range of ethics-related topics.

The series also serves as a useful tool for city attorneys and city managers, many of whom have often handed an “Everyday Ethics” article to their council members as food for thought when a related issue arises in their city. And city staff finds that sharing some of these articles with

members of local boards and commissions can be beneficial.

spectrum of public information online, including:

As the series consistently advises, consulting your agency counsel when dealing with an ethical issue is always a good practice.

• How the decision-making process functions;

I encourage you to revisit the “Everyday Ethics” columns periodically to take advantage of their valuable and practical content.

Online Transparency and Open Data Making city operations and decision-making processes transparent is a key element of building public trust in local government.

Cities are increasingly posting a broad

• Meeting notices and agendas; • An explanation of how a member of the public can participate in meetings; • Current-year budget and explanatory information; • Comprehensive financial reports and audits; • Salary and compensation information; • Job descriptions; • Information about contracts and purchasing; • Financial policies; and • Contact information for staff who can answer questions about any of the posted items and provide additional information.

“Never doubt that a small group of thoughtful committed citizens can change the world; indeed, it’s the only thing that ever has.”

- Margaret Mead

Proactively sharing a broad range of information can also reduce the costs associated with responding to requests for public records. Conducting an analysis of the most frequent types of public records requests your city receives can be helpful in this regard. Posting the most commonly requested kinds of information online can reduce the staff time associated with responding and streamline the process for the person seeking it.

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League of California Cities

www.cacities.org

The article “Electronic Transparency and Open Data: A Movement Worth Joining” on page 11 presents the City of Riverside’s approach to posting information on its website, part of its efforts to offer a virtual 24/7 city hall to its residents. Riverside’s Chief Innovation Officer Lea Deesing shares her insights on the advantages of open data and the challenges associated with the process of making city information readily available online.

Transparency Tools for Cities The League provides a variety of tools for cities seeking to increase transparency.

One useful example can be found on the League website home page (www.cacities.org) by clicking on the Resources tab and selecting the Open Government page. This page provides links to a comprehensive set of resources related to open meeting law, open records law, transparency law and much more.

These resources encompass articles and checklists, as well as compensation surveys and additional material. This information can also be used to help educate the media and the public about transparency and open government.

Transparency and Public Engagement Intersect A natural overlap exists between transparency and public engagement. Involving members of the community in local government activities and decision-making processes helps increase transparency and

build public trust and confidence. ILG’s Public Engagement program (www.ca-ilg. org/public-engagement) offers information and resources to help local officials and their communities make good decisions about the design, delivery and assessment of their public engagement processes. The program addresses several areas, including: • The basics of public engagement;

Achieving excellence

• Public engagement and technology;

in public service

• Immigrant engagement; • Increasing outreach; and • Assessing engagement efforts.

One aspect of engaging the public relates to the need to communicate with many city residents who do not speak English.

Language barriers can present a frequent challenge to increasing public engagement. Providing accurate and culturally informed translations that make sense and reflect cultural nuances can broaden community participation and improve public meeting outcomes. To support such efforts, ILG offers translation equipment as a free loan to local jurisdictions. The digital meeting translation equipment supports simultaneous translation of public meetings. Each set consists of 40 receivers and headsets as well as the transmitter and speaker/ headset for the person translating. The equipment is easy for interpreters and meeting participants to use, and each set

requires dedication, tenacity, patience and a commitment to transparency and the highest ethical standards.

continued

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Ethics, Transparency and Building Public Confidence in Local Government, continued

contains instructions in both English and Spanish. For more information, contact Christal Love Lazard, program coordinator; email: clovelazard@ca-ilg.org; phone: (916) 658-8221.

In addition, city officials and staff can find helpful tips in Western City’s 2008 series on civic participation, online at www.westerncity.com. The series covers a wide range of information and includes articles from the League’s diversity caucuses on reaching specific communities, including Asian and Pacific Islander groups; Latinos; African-Americans; and gay, lesbian, bisexual and transgender residents.

Ethics Training for City Officials Beyond the online resources described here, the League and ILG provide ethics training for local elected officials to assist them in complying with the state law

(commonly referred to as AB 1234) that requires such training every two years. The purpose of this training is to alert local officials to the extensive array of laws that apply to public service and to the unique ethical obligations of public servants.

The New Mayors and Council Members’ Academy, which the League offers every January, includes an AB 1234 session conducted by ILG that gives newly elected officials a solid start as part of their orientation to the duties and legal constraints of their office. In addition, ILG offers on-site training to local officials at conferences, regional meetings and at individual local agencies. For those who are unable to attend an in-person training, two one-hour selfstudy exercises are available on the ILG website as an option for local officials to satisfy AB 1234 requirements.

For more information about AB 1234 training, visit www.ca-ilg.org/ethicseducation-ab-1234-training.

Keeping Your City on Track Because local government is the level of government closest to the people, cities and counties are well-positioned to connect with the communities they serve and earn their trust. Achieving excellence in public service requires dedication, tenacity, patience and a commitment to transparency and the highest ethical standards. Providing good governance and serving the public most effectively present numerous challenges that take many forms. The League and ILG stand ready to assist cities and local elected officials in meeting these challenges and improving the quality of life for all Californians. ■

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

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League of California Cities

Innovative Solutions. Enduring Principles.

The League provides a variety of tools for cities seeking to increase transparency.

www.keenan.com

www.cacities.org

New Mayors and Council Members’ Academy Provides a

Strong Start

by Eva Spiegel Educating local officials is one of the League’s core missions, and the organization engages newly elected mayors and council members in their first months of office for three days of specialized training. The League’s New Mayors and Council Members’ Academy, held each January in Sacramento, features seasoned experts who present the nuts and bolts of city council operations. Because more city council members’ terms expire in even years than in odd years, the Jan.14–16, 2015, conference is expected to draw more than 400 of California’s most recently elected city officials.

The League designs the academy to be jam-packed with informative sessions on a wide range of topics and issues that mayors and council members will encounter while serving their cities, such as laws, regulations, municipal finance, the council-manager form of city government, running effective meetings,

communication and ethics. Attendees will have an opportunity to meet some of the League’s leadership as well as the regional public affairs manager for their division.

A Look at the Sessions Wednesday begins with the Basics Boot Camp, which helps prepare newly elected officials for their new role behind the dais, followed by a session on the League’s resources and the important policy-making and advocacy relationship between the organization and its members. Each year, city attorneys Michael Jenkins and Christi Hogin present a skit contrasting the right and wrong ways to conduct city council meetings. This informative session creatively demonstrates the fundamentals of proper meeting procedures.

State law requires elected and appointed officials to take training biennially in specific ethics laws and principles. (This law is often referred to as AB 1234, which was

the legislation that created it.) The League consistently offers AB 1234 training during the academy to help newly elected officials meet the requirement to complete it within one year of becoming a public servant. Conducted by the Institute for Local Government, this lively, exampleladen session gives newly elected mayors and council members a solid understanding of the general ethics principles related to public service. The two-hour AB 1234 session concludes the academy on Friday, Jan. 16.

Attendees will also have time to break into groups based on the League’s 16 regional divisions and facilitated by its regional public affairs managers. Networking opportunities abound, and attendees will have several chances to connect with their new colleagues from throughout California.

These collegial relationships frequently help elected city officials share resources and learn from each other’s experiences on similar challenges. The academy schedule provides breaks when mayors and council members can get to know each other and includes a networking reception with legislators on Wednesday, Jan. 14.

Sign Up Your City’s Newly Elected Officials Now Registration opened in early November and will close on Dec. 30. The cost is $550 for elected officials from League member cities. New mayors and council members can also book their lodging when registering for the conference online at www.cacities.org/Events. ■

Eva Spiegel is communications director for the League and can be reached at espiegel@cacities.org.

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Western City, December 2014

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Everyday Ethics for Local Officials

Promoting Good Governance

Within Your Agency QUES TION How can my agency determine whether it is engaging in good governance practices and identify areas where improvements can be made?

AN S WER Good governance depends on officials and staff knowing and understanding the duties and responsibilities of their agency — and their position within the agency — as well as the relevant laws and requirements that govern it.

Good governance also requires transparency to ensure that an agency is acting on behalf of the community’s well-being. Hal Conklin, former mayor of Santa Barbara and a League past president, describes the hallmarks of good governance as “complete transparency, both on the part of the agency as a whole and the individuals in the agency. Public agencies must be encouraged to set the bar high — to be both transparent and public about their transparency.”

Local government agencies must take great care to effectively use public resources, which are often

limited, to address the community’s greatest needs.

Michael Kasperzak, a council member and former mayor of Mountain View and a League past president, suggests that good governance entails engaging the community and making decisions by acting on behalf of the community’s best interests.

To understand the concerns of the community, decisionmakers and staff must encourage participation in council meetings, make themselves available to community members outside council chambers and help the public better understand how they can share their concerns. continued on page 14

This column is a service of the Institute for Local Government (ILG), whose mission is to promote good government at the local level with practical, impartial and easy-to-use resources for California communities. For more information and to access ILG’s resources on public service ethics, visit www.ca-ilg.org/trust.

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League of California Cities

Addressing Health and Safety Issues Related to

Public Encampments and Vehicle Habitation

by Stephen A. McEwen and Lisa S. Kurihara Public health, safety and welfare issues that arise from the effects of public encampments or vehicle habitation on city streets present cities with a variety of challenging issues. Many of these issues require complex, long-term approaches and strategies with no simple or straightforward solutions. However, certain public nuisances that result from the effects of such encampments or the use of vehicles as living quarters in the community may demand more immediate attention by city officials. This article examines the procedures that local public officials should consider in addressing those impacts.

Encampments on Public Property Public encampments of various sizes have become common in many cities. These encampments can deprive the general public of the use of certain city sidewalks, public spaces, parks and recreational areas. The encampments may also pose serious public health and safety threats as a result of accumulations of trash, illegal drug use, inadequate sanitation and the presence of rodents and vermin. At the same time, however, an encampment may contain an individual’s only belongings, including medication and personal mementos. In dealing with public encampments, city officials must be

sensitive to the constitutional rights of the affected individuals, who are often homeless, and the many related complex social welfare challenges.

In Lavan v. City of Los Angeles, the Ninth Circuit Court of Appeals upheld an injunction that prevented the City of Los Angeles from seizing and destroying homeless property left unattended on public property. The injunction did not apply if there was an objectively reasonable belief that the property was truly abandoned or the property posed an immediate public health and safety threat or was evidence of a crime or contraband.

While the court did not find a constitutional right to leave personal property on

About Legal Notes This column is provided as general information and not as legal advice.

The law is constantly evolving, and attorneys can and do disagree about what the law requires. Local agencies interested in determining how the law applies in a particular situation should consult their local agency attorneys.

public property, it did conclude that the Fourth and Fourteenth Amendments of the U.S. Constitution protect an individual’s right to keep his or her unattended but unabandoned property. In the court’s view, the seizure and immediate destruction of personal property was not reasonable.

Based on Lavan, cities should proceed cautiously in dealing with encampments on public property. Initially, the enforcement team should confirm that public property is involved. Encampments on private property raise a separate set of issues, as discussed below. Assuming that the encampment is on public property, continued on page 19

Stephen A. McEwen is a partner with the law firm of Burke, Williams & Sorensen LLP and can be reached at SMcEwen@bwslaw.com.

Lisa S. Kurihara is an associate with the law firm of Burke, Williams & Sorensen LLP and can be reached at lkurihara@bwslaw.com.

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Western City, December 2014

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Electronic

A Moveme

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League of California Cities

www.cacities.org

Transparency and Open Data:

nt Worth Joining

by Lea Deesing Government transparency requires making a commitment to openness and accountability. Local government that functions transparently shares public information about its operations, including decision-making processes, in ways that make the information readily available to residents and members of the community. Posting such information on an agency’s website is one way to enhance transparency and help build public trust in local government.

Accessibility and Collaboration From an information technology perspective, government transparency generally involves two major areas: accessibility and collaboration. The accessibility of the information helps to facilitate communication between government and the community it serves. Efforts to make information accessible include transparency web portals offering features such as user-friendly financial reporting, accessible e-services and mobile apps, departmental performance measurements and salary information.

The collaboration component makes use of collective knowledge by offering website tools to enable civic engagement, participation and crowdsourcing of ideas and creativity. Government collaboration tools can allow residents to view online and comment on council meeting agenda items, participate in budgeting decisions and offer their opinions about a new initiative. These tools can even involve local computer programmers in developing government solutions.

Such approaches help to engage a new demographic of constituents, who are more comfortable giving feedback and opinions through social media sites and mobile devices than they are pulling a speaker slip at a public meeting.

Proactively Publishing Government Data Taking data — information that local agencies already have — and making it open to the public brings together accessibility and collaboration. In the past the public typically had to ask for this data through a public records request and then wait while the Information Technology Department created special queries to extract the data. Depending on the complexity of the request, this could take days or weeks. Through some software design ingenuity, cities can now share that data online and let others analyze and use it in various ways. Such proactive data publishing reduces in-house costs and builds efficiencies for both staff and constituents.

Without access to open data, the outcome of government-sponsored collaborative computer programming events would be very limited. These events, known as “hackathons” or “codeathons,” are becoming popular because they allow developers to band together for a short period of time to create applications to solve government problems or connect citizens with governmental data. Sharing data can be a two-way street — outside developers and vendors may share data back after adding value to it. They also may provide a helpful new app that local government can offer to the community.

Of course, not all government data can be open, because personally identifiable information must be redacted. Furthermore, open data must be meaningful and usable. One approach to avoid is “checking off the to-do list” that the city has “done” open data. In developing your city’s open data approach, work with departments to determine what information may be useful to the public, keeping in mind the data security requirements of personally identifiable information. continued

Lea Deesing is chief innovation officer for the City of Riverside and executive director of SmartRiverside, a nonprofit that aims to narrow the digital divide in the Riverside region by empowerment through technology and education. She can be reached at ldeesing@riversideca.gov.

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Electronic Transparency and Open Data: A Movement Worth Joining, continued

Cities need more executive understanding and leadership in the area of open data initiatives. If you are an elected leader in your city, you may be asking, “Where is the return on investment in all of this?” Calculating that formula is difficult at this time.

Much like the early days of the open source software movement of the 20th century, we don’t yet fully understand the potential of open data. (Open source software can be freely used, changed and shared — in modified or unmodified form — by anyone.)

Local Government E-Transparency Goals

• • • • • • •

Increase accountability; Serve the public more efficiently; Build residents’ understanding of and confidence in local government operations; Foster a transparent, participatory, collaborative environment; Involve residents in the decision-making process; Harness new technologies to engage the community; and Explore new opportunities.

Obstacles in Opening Data The three obstacles to opening data to the public are generally: 1. The redaction of confidential or personally identifiable data; 2. The prioritization of what’s most important to publish; and 3. The challenge of automatically exporting the appropriate data sets to a location for others to use.

Overcoming these obstacles can be daunting, especially if your city doesn’t have in-house software development staff. Perhaps the day has come to give consideration to these points during the software selection process. For example, when procuring your city’s next financial or permitting system, why not require all such vendors to export and redact system data with an easyto-use built-in toolset? Once they develop such functionality for your city, they will be able to offer it to future cities as part of their core product offering — a win-win solution.

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League of California Cities

The open source movement changed the world of computing as we know it. And clearly the open data movement is critical to breaking down silos of information. Data “mash-ups” from various public agencies have the potential to answer questions that have yet to be asked and help solve problems that have yet to be identified. However, we can’t predict future insights, services and products that will arise from open data. This makes it more compelling to ask, “Why not explore open data’s potential to increase efficiency and transparency?”

Riverside Creates Central Access In the City of Riverside, we strive to offer an online 24/7 virtual city hall. When you visit our website, you will find that most business transactions that can be done in person at a counter in city hall can also be done online.

Riverside’s website usage in 2013 was the highest in approximately five years with over 17 million page views — more than 47,000 per day. Approximately 39 percent of these views come from mobile devices, with desktop usage declining at 61 percent.

We redesigned our entire website so it is “responsive,” meaning it automatically scales and formats to fit the screen of any device whether it is a smartphone, tablet, mini tablet, large computer monitor or TV. Despite the high rate of website traffic and mobile usage, something was still missing. We realized that we had many “e-transparent” web pages, but they have historically been spread throughout our website. We wanted to centralize them to allow for easy access by the public, so we developed a new transparency website called EngageRiverside.com that brings together many features into one page. This site provides more than 3.4 million public records along with a search engine to look for specific items. It features an “open data” portal through which users can view some of the city’s government information, export it or connect to it through an application.

Such information includes crime reports, fire responses, 311 calls for service and other data types.

EngageRiverside.com also offers an interactive budget tool that provides current and past budget data. This tool allows residents to see how their local government’s finances work and where their money is going. To involve the public in future projects, Riverside recently procured a civic engagement tool

www.cacities.org

Riverside’s online transparency portal, below, centralizes resources and provides access to over 3.4 million public records.

Find More Information Online For additional resources and links to related articles, read the online version of this article at www.westerncity.com.

that lets the public contribute their ideas and opinions on various initiatives. On this transparency portal, a “results” page shows departmental goals and accomplishments. The public can view upcoming meetings and comment on agenda items online or watch a live or archived video of public meetings.

An interactive mapping tool allows the public to locate and view property characteristics.

Riverside plans to expand the portal by adding an online public records request button, which will allow us to track and route the request through internal departments. We also will continue to increase the number of available open data sets and encourage future and existing software vendors to include data publishing features in their software.

EngageRiverside.com launched July 8, 2014, and has had more than 173,000 page hits in just a few months. In part, this is because the city has a team of advocates spreading the word about the importance of open data and e-transparency. We encourage local municipalities, both big and small, to get involved with this exciting movement that has the potential to transform local government and public participation. ■

Trends in Local Government Transparency E-Services and Mobile Apps Resident Reporting (311 calls)

•

Web and mobile reporting of graffiti, potholes, stray animals, etc.

Public Engagement

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Mobile apps that allow residents to share ideas and suggestions as well as vote on projects and budgets

Cultural Enrichment for Residents

•

Virtual museum tours, library services online, e-books delivered via tablets, and more

Improved Staff Efficiency

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Mobile apps that allow staff to create and close out work orders while in the field

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Promoting Good Governance Within Your Agency, continued from page 8

How Can an Agency Promote Good Governance Practices?

An agency can adopt a variety of protocols and procedures to minimize the risk of missteps and promote the public’s trust and confidence in its governance practices.

California law provides some guidance on procedural requirements for local agencies, and many professional organizations have developed best practices that go beyond the minimum standards. Such organizations include the League’s City Managers’ Department, California State Association of Counties, Government Finance Officers Association and California Special District Leadership Foundation.

The Institute for Local Government (ILG) recently released “The Good Governance Checklist: Good and Better Practices,” a new self-assessment tool for local government agencies. The checklist is designed to help local officials and staff determine whether their agency is engaged in basic

good governance practices (some of which are required by law) and identify where the agency has set its sights higher and is using better governance practices.

Many agencies are already implementing many of the practices highlighted by the checklist. The list also suggests ideas for instituting additional policies and practices that help promote good governance and minimize the risk of missteps that could undermine or damage public trust and confidence.

The Good Governance Checklist is organized by the following areas.

Stewardship of Public Resources covers items related to transparency in agency finances and accounting practices. Topics include budgets and financial reporting, auditing practices and implementing effective internal controls as well as common day-to-day issues such as expense reimbursement and allowances and the use of agency resources and equipment.

Transparency comprises items related to the requirements of California’s open government laws, such as the Ralph M. Brown Open Meetings Act, California’s Public Records Act, conflict-of-interest laws and disclosure requirements. Beyond the legal requirements, this section also includes practical tools and tips that can help an agency improve its transparency efforts and effectively engage the public that it serves.

Education, Training and Personnel presents ways to help an agency ensure that its employees and officials receive critical information about their duties and responsibilities as part of their orientation and that their ongoing training needs are understood and met. This section also outlines personnel policies and hiring practices for local agencies and ways to encourage dialogue with staff regarding potential concerns about agency activities.

Campaigns focuses on information that can help candidates run a fair campaign and reminds staff and officials of the prohibitions related to the use of public resources for political purposes.

The checklist also incorporates practices that promote intergovernmental collaboration and partnerships as well as ways that an agency can include sustainability in its governance practices.

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From infrastructure and transit to brownfield restoration and affordable housing, cities can count on our specific expertise to get their development projects on track and their communities thriving.

The City of Santa Monica beta-tested the checklist. City Manager Rod Gould sat down with department heads and advisory staff to compare their city’s practices with those outlined in the checklist. Gould was pleased to see that they were already engaging in many of the practices listed.

Where they weren’t, the checklist served as a catalyst to stimulate discussion about areas where the city could make improvements. Gould says, “For any organization committed to improving its governance practices, this checklist is a great tool to get the process started.” continued on page 17

Seeking to form an IFD? Contact Constantine Baranoff, Jon Cristy and Jeff Mitchell at 916.321.4500 and visit us online at www.kmtg.com

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Looking for Footnotes?

For a fully footnoted version, read this article online at www.westerncity.com.

www.cacities.org

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Display Advertising

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

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 Kimberly Brady, Western City’s administrative assistant; email: kbrady@ cacities.org; phone: (916) 658-8223.

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.

Outstanding Career Opportunities with the

City of Riverside

The award winning City of Riverside (population 303,871) is recruiting for both a highly experienced City Manager as well as a City Attorney to provide strong leadership and expertise to a full-service organization with approximately 2,497 staff and a $915 million budget. The City is seeking confident, “hands on,” creative, and innovative leaders who are capable of operating in a robust and dynamic environment. The ideal candidates will be intuitive, perceptive, and know when to lead and when to be supportive. The selected candidates must also be results-oriented and committed to serving the community, with the ability to provide vision on an array of complex and interesting topics impacting the citizens of Riverside.

For more information, contact: Robert Burg Ralph Andersen & Associates 916/630-4900 Detailed brochures available online at www.ralphandersen.com Ralph Andersen & Associates

www.westerncity.com

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Police Chief, City of Klamath Falls, OR The City of Klamath Falls (population 20,000) is located in the south central region of Oregon, encompasses 20 square miles, and enjoys nearly 300 days of sunshine each year. Steeped in history, the area offers an outstanding array of natural and cultural wonders. The City is now seeking a forward-thinking and visionary individual with strong leadership and management skills to assume the role of the Police Chief. The new Police Chief must be a leader with business acumen and passion for the Department. Candidates must possess at least ten years of police experience, including at least three years of command experience. In addition, candidates must possess two years of police management experience or equivalent experience as to provide the necessary knowledge to effectively direct the Police Department. Competitive candidates will possess strong fiscal and budgetary management skills. A Bachelor’s degree in Police Science and Administration, or an equivalent field is required; a Master’s degree and graduation from the FBI Academy is highly desired. The monthly salary range for the Police Chief position is $7,322-$10,251, DOQ. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com.

Please contact Joel Bryden at (916) 784-9080 with questions.

Closing date December 29, 2014. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Western City, December 2014

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County Manager Eagle County, Colorado

Deputy City Manager City of Goleta

Fire Chief Development Services Director

Internationally renowned ski resorts, legendary trout streams, premier golf courses, and unlimited hiking in the center of the Colorado Rocky Mountains; Eagle County has it all and so much more. Eagle County is a full-service county, with 470 full-time equivalent employees spread over 30 departments and is strong financially with 2014 revenues budgeted at just over $91 million. Eagle County is seeking a leader with demonstrated success in forging intergovernmental relationships, instilling a best-place-to-work culture, and leading strategic planning efforts in partnership with elected officials. Bachelor’s degree and ten years of appropriate experience required, Master’s degree preferred. Salary range is up to $180,000 annually DOQ with comprehensive benefits.

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 December 8, 2014.

City of Murrieta

Assistant Community Development Director/ City Planner City of Beverly Hills

Chief Financial Officer Sacramento Metropolitan Fire District

Police Chief, City of Fort Bragg, CA Have you always dreamed of leading a Police Department in a small town which loves its police force and where everyone knows you by name? Would you like to help mentor a youthful but dedicated group of police officers? Are you committed to true community-oriented problem solving and policing? If so, the Fort Bragg Police Chief position might be a good fit for you. The City is seeking a dedicated and dynamic leader for the position of Police Chief- one who will be a positive role model and mentor for the Police Department. The Police Chief reports to the City Manager and will oversee 21 FTE with a current budget of $3.2 million. The selected candidate will be trustworthy, honest, ethical, and a strong advocate for the department and the community. Candidates who understand the importance of a team environment based on mutual respect and trust, and who are committed to mentoring and developing the skills of departmental staff are highly desired. The ideal candidate will have experience establishing and maintaining effective relationships with other public safety agencies, City departments, the business community and an active citizenry. Strong leadership and communication skills are essential in this position, as is a proven track record of community engagement. The ideal candidate should be an experienced police manager who understands and appreciates the opportunities and challenges of policing in a small town. A Bachelor’s degree in Criminal Justice, Police Science, Public Administration or related field is required.

Candidates must have a minimum of five years of progressively responsible experience at the rank of Sergeant or above and a California P.O.S.T. Advanced Certificate. Senior Command level or prior experience as a Chief is preferred. A Master’s Degree, command college, or FBI National Academy graduation, along with extensive experience in police management and communityoriented policing are highly desirable. The salary for the incoming Police Chief will range from $110,087 to $133,811. The City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Joel Bryden at (916) 784-9080 should you have any questions. Brochure available.

Closing date January 9, 2015.

phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Photo/art credits

Teri Black • 424.296.3111 Carolyn Seeley • 949.487.7606

Cover & page 10: Maksim Kabakou/ Shutterstock.com

Page 9: Feaspb/Shutterstock.com

Page 3: Mguttman/Shutterstock.com Pages 5 & 6 graphic: Natalia Toropova/ Shutterstock.com

Page 13: top, courtesy of City of Riverside; sidebar graphic, Christos Georghiou/ Shutterstock.com

Page 7: ESOlex/Shutterstock.com

Page 25: Jude Hudson

Page 12: Sergey Nivens/Shutterstock.com

Page 8: Tatsianama/Shutterstock.com

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League of California Cities

www.cacities.org

Promoting Good Governance Within Your Agency, continued from page 14

Make Good Governance Efforts Ongoing

Local government agencies must take great care

The Good Governance Checklist (at www.ca-ilg.org/goodgovernance) can be used as an initial assessment tool, a way to spur conversations within an agency about where improvements can be made and a mechanism for regularly re-evaluating your agency’s practices over time. ■

to effectively use public resources, which are often limited, to address the community’s greatest needs.

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Assistant Community Development Director/City Planner

More Tools and Resources In addition to the Good Governance Checklist, the Institute for Local Government (ILG) offers a variety of free tools and resources for new and seasoned local public officials and employees.

Local Government Basics. Newly elected local officials can access materials designed to get their public service off to a strong start (at www.ca-ilg.org/localgovernment-basics-those-new-publicservice), including information about local agency responsibilities and powers, budget and finance, land use, working with staff and other essential topics.

Local officials can use nuts-and-bolts information (at www.ca-ilg.org/localgovernment-basics) to help the public and the media understand local agency structures and processes.

Ethics and Transparency. ILG’s Ethics and Transparency program offers practical information on principles of public service ethics as well as plain-language explanations of California’s ethics laws.

It provides tools for promoting public trust and confidence in local government and also offers in-person and self-study options for compliance with California’s mandatory ethics education requirements (at www.ca-ilg.org/trust).

Public Engagement. This program offers information and resources to help local officials and their communities implement effective and inclusive public engagement activities. ILG’s offerings include direct assistance and

City of Beverly Hills

T

he iconic and exclusive City of Beverly Hills spans 5.7 square miles and is bordered by the Cities of Los Angeles and West Hollywood. This world class community is home to a nighttime population of 34,290 yet manages to accommodate a daytime population of over 200,000. The Community Development Department is responsible for long range planning, historic preservation, transportation, plan check review and permitting, zoning review, building inspections, code compliance, housing, sustainability and architectural review.

The ideal candidate will be a knowledgeable and respected planning professional with deep expertise in CEQA. An experienced manager, he/she will be an outstanding communicator with exceptional interpersonal and relationship building skills. The ideal candidate will be a proven problem solver who is also adept at managing high profile assignments within a dynamic setting. At least three years of increasingly responsible supervisory/management experience and a Bachelor’s degree are required. A Master’s degree and/or AICP certification is preferred.

Salary range goes up to $164,364. Salary is supplemented by a generous benefits package. This recruitment will close at midnight on Sunday, January 4, 2015. Visit www.tbcrecruiting.com for detailed recruitment brochure.

Teri Black • 424.296.3111 Carolyn Seeley • 949.487.7606

Fire Chief, City of Garden Grove, CA Located in the heart of Orange County just south of Disneyland, the city encompasses approximately 18 square miles and serves a highly diverse population of over 170,000 people. The City is seeking a Fire Chief to oversee an operating budget of $20 million and a full time staff of 101. The new Chief should be visible in the community and responsive to the concerns of the City Council and residents. A fair and impartial Chief who fits in with a high performing management team and keeps the City Manager well informed will function well. Garden Grove will be well suited by a Fire Chief who can analyze the organizations past practices and develop the best practices based on the successes of the department and current fire science and technology. The ideal candidate should be fair, reasonable and approachable with a collective decision making style. The new Chief should provide an enhanced level of service to the staff as well as the community. The City is looking for a loyal Chief who feels comfortable being in the spotlight and representing the City in a professional manner.

The selected candidate should have at least five years of increasingly responsible experience at a Battalion Chief level or higher having worked with a staff of over 110, and a background dealing with labor/contract negotiations, and possess a strong administrative background.

A Bachelor’s degree in Fire Science, Public Administration, Business Administration or a closely related field is desirable. A Master’s degree is preferred. The salary for the Fire Chief is $12,755 to $17,093/mo depending on qualification and experience. The City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Fred Freeman at (916) 784-9080 should you have any questions. Brochure available.

Closing date December 22, 2014.

phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

continued www.westerncity.com

Western City, December 2014

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Promoting Good Governance Within Your Agency, continued

Sustainable Communities. ILG’s Sustainable Communities program helps local officials create and maintain communities that are prosperous, healthy and environmentally sustainable.

Local officials and staff can access a comprehensive framework of

training for local agencies; regional and statewide workshops and conference sessions; webinars; and materials on a wide variety of topics. More information about ILG’s public engagement resources can be found at www.ca-ilg.org/publicengagement.

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Fire Chief, City of Cathedral City, CA Cathedral City, CA (population 53,000) is conveniently located between Palm Springs and Rancho Mirage in Riverside County. The City is seeking a seasoned and dynamic Fire Chief to oversee two Battalion Chiefs, two Administrative Assistants, nine Captains, nine Engineers, 12 Firefighter Paramedics, and one part-time Fire Inspector, with an operating budget of approximately $7.6 million. The new Chief will be straightforward and stand up for what is in the best interests of the Department. The ideal candidate will be an effective working manager who possesses an open door policy and promotes a work environment that emphasizes teamwork, respect, and accountability. Exceptional interpersonal and communications skills are a must for a candidate’s success in this recruitment. The incoming Chief will be expected to cultivate excellent working relationships with a wide variety of parties, including the City Council, City Manager, Department and other City staff, local businesses, and the community. A combination of experience and education likely to provide the required knowledge and abilities is required. A typical way to gain such knowledge and abilities would be possession of a Bachelor’s degree with major coursework in fire science, public administration, or a closely related field and at least two years of experience at the rank of Battalion Chief or an equivalent position. State Fire Officer Certification and Fire Chief Designation are highly desirable. The salary range for the Fire Chief is $138,077 to $167,833 with stipends for Master’s Degree, Fire Chief Certification and Wellness. The City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. If you have any questions, we respectfully ask you do not contact any current members of the City Council or the Fire Department, all questions should be directed to Mr. Fred Freeman with Bob Murray & Associates at (916) 784-9080. Brochure available.

Closing date December 12, 2014.

phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

City Manager

sustainability best practices, learn how to participate in ILG’s Beacon Program and find online resource centers on multiple sustainability-related topics including SB 375, healthy neighborhoods and sustainable economic development at www.ca-ilg.org/sustainable-communities.

Collaboration and Partnerships. Local agencies working together — as well as with community-based organizations — to serve shared constituencies and clients can provide essential services and maximize limited resources. Employing approaches such as partnerships, shared services and joint use of facilities helps to increase staffing efficiencies and reduce costs. Collaborative efforts that involve nonprofits, businesses, social service organizations and government agencies benefit the community by enhancing access to services and support and thus improving outcomes. More information about collaboration and partnerships is online at www.ca-ilg.org/collaborationpartnerships.

Additional materials and resources are available from ILG and the Cities Counties Schools (CCS) Partnership, whose mission is to improve the conditions of children, families and communities at the local level by promoting and encouraging coordination, integration and increased efficiency of local services and joint facilities use among cities, counties and schools in all California communities.

Information about the CCS Partnership is available at www.ccspartnership.org.

Sedona, Arizona

The City of Sedona is a premier tourism, recreation, retirement, viticulture and art center located in the high southwestern desert at an elevation of 4,500 feet.

The City operates under the Manager-Council form of government with six Council Members and one elected Mayor. The Council appoints the City Manager, who is responsible for carrying out policy enacted by the Council, overseeing administration of the City, and maintaining inter-governmental relationships.

Sedona currently has a staff of 111 full-time equivalent employees and the 2014 total budget is approximately $38 million. Bachelor’s degree and seven to ten years of appropriate experience required, Master’s degree preferred. Salary range is from $140,000 to $180,000 annually DOQ with comprehensive benefits.

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 January 12, 2015.

Santa Monica City Manager Rod Gould says, “For any organization committed to improving its governance practices, this checklist is a great tool to get the process started.”

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www.cacities.org

Addressing Health and Safety Issues Related to Public Encampments and Vehicle Habitation, continued from page 9

enforcement officers should consider taking the following steps in dealing with the removal of any private personal property.

Provide Advance Notice. Give as much notice as feasible that: • The affected individual’s property needs to be removed; and • The city will remove and store the property if the individual does not comply and remove it within the time frame provided.

Remove the Property. The city should then document all property removed from the encampment in as much detail as possible, preferably with a written

8. A list of local facilities and shelters where individuals who may be homeless can relocate for temporary shelter; and 9. A phone number that individuals may call for more information.

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The amount of notice should be based on the circumstances of the situation. However, when conducting scheduled sweeps of public encampments, cities should post several written notices at least 72 hours in advance in the area designated for cleanup. The notices should include the following information: 1. A statement of the nature and purpose of the cleanup; 2. The legal authority for the cleanup (that is to say, cite the city’s anticamping ordinance or other applicable regulations. The city attorney should be consulted in advance to assist in reviewing the local ordinances to ensure they are up to date and otherwise enforceable); 3. The specific location(s) where the cleanup will occur; 4. The date and time of the posted notice, as well as the date and time of the scheduled cleanup; 5. A notice that items left in the cleanup area on the date and time of the scheduled cleanup will be impounded by the city; 6. The address where individuals may claim personal belongings that are collected by the city and a statement indicating the date on which the belongings will be deemed finally abandoned and destroyed; 7. A brief description of the process for reclaiming lost belongings (for example, the owner will be required to describe lost items to prove ownership);

www.westerncity.com

Engineering & Construction Contract Manager Sewer Authority Mid-Coastside, CA Sewer Authority Mid-Coastside (SAM) is a Joint Powers Authority formed by the City of Half Moon Bay, CA; the Granada Sanitary District; and the Montara Water & Sanitary District to perform all functions for the treatment and disposal of wastewater. SAM is now seeking an Engineering and Construction Contract Manager. The ideal candidate will be skilled in leading the planning, budgeting, and engineering work for capital improvement programs for public works and utilities. Experience in managing public infrastructure contracts is highly desired. The ideal candidate will have proven expertise in quality assurance and quality control. A Bachelor’s degree in Civil Engineering, Construction Management, or a closely related field is required along with a minimum of four years of increasingly responsible professional management in public works and/or engineering experience performing duties at least comparable to a Deputy Public Works Director, Public Works Division Manager, or Associate Engineer; as well as experience as a project manager. Experience in municipal professional public works and/or engineering and supervisory experience are desired. Registration as a Professional Engineer in the State of California is highly desirable. The salary range for this position is $100,000-$121,000 annually, DOQ. Interested individuals may apply online at www.bobmurrayassoc.com. Contact Joel Bryden at (916) 784-9080 with questions.

Closing date January 15, 2015. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Western City, December 2014

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Addressing Health and Safety Issues Related to Public Encampments and Vehicle Habitation, continued

description and photographs. The documentation should include the items collected, the date and time of location, the storage location and hours of operation, information on how the affected individuals can retrieve the seized property, and the

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City Engineer, City of Fremont, CA The City of Fremont is a culturally diverse city of over 224,000 people from all over the world. Fremont residents enjoy a moderate climate, high rate of home ownership and advanced education, a very low crime rate, and a quality of life that is considered to be one of the best in the United States. The City of Fremont is now seeking a City Engineer who is a talented, innovative leader and proven manager. A hands-on and forward thinking engineer well versed with CIP and development review is required for this position.

The new City Engineer should be a collaborative and capable individual with impeccable people skills, an open door policy, and a track record of success. A Bachelor’s degree in Civil Engineering and three years of experience in the supervision of public sector professional civil engineering work is required. Candidates must possess a certificate of registration as a civil engineer issued by the California State Board of Registration for Civil Engineers. The salary range for the City Engineer is $137,956 – $186,240 annually, DOQ. If you are interested in this position, apply online at www.bobmurrayassoc.com. Contact Valerie Phillips at (916) 784-9080 with any questions.

This position is open until filled. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Community Development Director — CITY OF COVINA

APPLY TO:

City of Covina Human Resources Dept. c/o Anthony Arroyo 125 East College Street, Covina, CA 91723 (626) 384-5551 (626) 384-5592 FAX aarroyo@covinaca.gov

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League of California Cities

Located in the East San Gabriel Valley, Covina is located 25 miles east of Los Angeles. The City is seeking a Director of Community Development who is responsible for the overall operation of the City’s Community Development Dept., including Planning, Code Enforcement, Building and Safety. The ideal candidate will have a combination of education and experience that has provided the knowledge, skills and abilities necessary for the position. A typical way of obtaining the required qualifications is to possess the equivalent of 6 years of increasingly responsible experience in urban or regional planning, or redevelopment, including 4 years in a supervisory or management capacity, and a Bachelor’s Degree in urban or regional planning, public administration, or related field. A Master’s Degree in urban or regional planning or AICP certified is preferred. Interested candidates must submit a resume prior to 12:00 p.m., December 18, 2014. Salary up to $150,000 plus 2% education incentive. Detailed brochure available at: www.covinaca.gov/ city-departments/human-resources/job-openings

paraphernalia, narcotics, alcohol, weapons or heavily soiled mattresses), the items may be seized and destroyed right away.

The city may also seize and collect evidence of a crime or other obvious illegal contraband. All other items should be collected and stored for a reasonable period of time before any destruction.

Encampments on Private Property Encampments on private property can present similar public nuisance problems and health and safety concerns. While property owners are typically responsible for nuisance conditions on their own property, many property owners or nearby neighbors look to city officials for assistance in abating these conditions and removing unwelcome squatters. As with the removal of encampments on public property, public officials should proceed cautiously and with sensitivity.

After properly identifying the owner of the subject private property, city officials should determine whether the owner has consented to the encampment on the property. In a situation in which the property owner has allowed the encampment to exist or the owner cannot be located, the city should address the situation as a standard public nuisance abatement issue. A court-approved inspection warrant under California Code of Civil Procedure section 1822.50 et seq. may first be necessary to evaluate the extent of the problem and determine the appropriate remedy.

In situations in which the owner did not consent to the encampment, local law enforcement may cite the squatters for misdemeanor trespass under the Penal Code.

With regard to personal property located on private property, city officials must determine whether to leave the cleanup to the property owner or confiscate the property. If the city ultimately elects to remove personal property from the private property encampment, the city should follow the same procedures for removing encampments from public property, including providing advance notice and storage of the property when required.

www.cacities.org

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AVERY ASSOCIATES Vehicle Habitation Issues Another challenging public health and safety issue has been the use of vehicles as living quarters on city streets and other public property. For some, the idea of an individual living in a vehicle, which in some instances may be his or her last remaining possession, might seem preferable to the person living on the street. The activity, however, can lead to overcrowding on public streets, unsanitary conditions and neighborhood blight. A recent Ninth Circuit Court of Appeals decision also involving the City of Los Angeles demonstrates the difficulties, complexities and legal obstacles that cities may face in addressing this issue.

In Desertrain v. City of Los Angeles, the Ninth Circuit struck down the city’s ordinance, adopted in 1983, that restricted the use of vehicles as living quarters on public streets and in public parking lots.

In 2010, the city increased its enforcement activities under the ordinance in response to numerous complaints about individuals living in vehicles on public streets in the Venice area of the city. According to the complaints, these individuals were dumping trash and human waste on streets and parkways and endangering public health.

Following the issuance of several citations and multiple arrests made under the ordinance, a group of individuals brought an action against the city claiming that the police had violated their constitutional rights. The Ninth Circuit held that the ordinance language was unconstitutionally vague and promoted arbitrary enforcement. In the court’s view, the ordinance was potentially broad enough to cover any person who transports personal belongings in a car, but was only applied to homeless individuals.

Following the Desertrain ruling, a city’s vehicle habitation prohibition should clearly define what it means to use a vehicle as a dwelling on a public street or public property and specify the prohibited conduct as much as possible.

continued

www.westerncity.com

Upcoming Recruitments: City of Farmersville – City Manager City of Gonzales – Public Works Director City of Grand Terrace – City Manager Humboldt County – County Counsel City of Oakland – City Administrator City of Oxnard – City Attorney, Housing Director, Human Resources Director and Utilities Director City of South San Francisco – Economic Development and Housing Manager City of Tracy - Fire Chief

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

Please check our website at http://www.averyassoc.net for formal position announcements.

408.399.4424 Fax: 408.399.4423 email: jobs@averyassoc.net www.averyassoc.net

Fire Chief

City of Murrieta

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he Fire Chief of one of the country’s safest communities serves a population of more than 105,000. A young and growing community branded as “The Future of Southern California”, Murrieta is located just north of San Diego County at the juncture of the I-15 and I-215 freeways. The Fire Department is supported by 62 authorized staff (54 sworn) and an annual budget of $12.3 million.

The ideal candidate will be visionary leader and exceptionally strong people manager. A history of setting high standards and ensuring performance meets such standards is required to succeed in this role. The professional selected will also be a highly skilled communicator and problem solver. A minimum of three years of command level (Division Chief or higher) experience in a public sector setting and a Bachelor’s degree are required. A Master’s degree is preferred.

The salary range is $140,678 to $171,010. Placement within the range will be DOQE. Salary is supplemented by a generous benefits package that includes 3% @ 50 CalPERS retirement for Classic Members. This recruitment will close on Sunday, January 11, 2015. For detailed brochure and to apply online, visit www.tbcrecruiting.com.

Teri Black • 424.296.3111

CITY OF TRACY Tracy is a clean and safe community where opportunity, growth and success prosper. The City is conveniently situated just an hour from Sacramento, San Francisco and San Jose and just a few hours from Los Angeles. If it is recreation you seek, Tracy is also convenient to the Bay Delta, Yosemite, Tahoe and the San Francisco Bay. The City of Tracy is currently recruiting for a Fire Chief. The Tracy Fire Department is committed to using their training and capabilities to protect the public at all times, whether on FIRE or off duty. Providing exceptional service CHIEF is a far cry from accepting “good enough” performance. The department strives for excellence in literally every contact with their customers, whether inside our outside the organization.

William Avery & Associates Management Consultants 31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030 408.399.4424

Fax: 408.399.4423 Position priorities and the complete ideal candidate profile email: jobs@averyassoc.net are currently under development. A formal job announcement www.averyassoc.net is anticipated to be ready by mid-December and will be available on our website at http://www.averyassoc.net/current-searches and the City’s website at http://www.ci.tracy.ca.us. For further information contact Bill Avery at 408-399-4424 or Cris Piasecki at 408-234-2025.

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Addressing Health and Safety Issues Related to Public Encampments and Vehicle Habitation, continued

Public officials should proceed cautiously and with sensitivity.

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CITY OF BENICIA Benicia, a San Francisco Bay waterfront city, is known for its small town charm and quality of life. Citizens enjoy low crime, good schools, affordable housing, culture and a wide range of recreational opportunities.

The area features uninterrupted miles of public shoreline, a marina and boat launches for fishing and sailing, and the Benicia State Recreation Area.

The Community Development Director reports to the City Manager and oversees planning and building services, and a development services counter shared with public works. The William Avery & Associates new director will bring progressive leadership and an active management Management Consultants style to an environment that seeks a more cohesive and coordinated 1 3 /2 N. Santa Cruz Ave., Suite A development approval process.

Los Gatos, CA 95030

COMMUNITY DEVELOPMENT DIRECTOR

408.399.4424 The ideal candidate will have managed an active community environment Fax: 408.399.4423 focused on quality projects, historical preservation and with an emphasis on sustainability. Land use and CEQA knowledge are essential email: jobs@averyassoc.net www.averyassoc.net requirements for this position. A background that includes staff management of a community development division or department and a BA/BS in a related field are required. An MA/MS and AICP certification are desirable. To apply, submit your cover letter, resume, current salary and contact information including email addresses for five work-related references (email preferred) to Bill Avery or Cris Piasecki by December 12, 2014. A formal job announcement is available at http://www.averyassoc.net and the City’s website at http://www.ci.benicia.ca.us.

Development Services Director City of Murrieta

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ne of the most desirable and safest communities in the nation is seeking a Development Services Director to oversee the City’s planning, building, engineering and maintenance functions. Currently serving a population of more than 105,000, the City of Murrieta is slated to grow to 135,000 and is well positioned as the emerging preferred locale in Southern California. The Development Services Department is supported by a staff of 38 and an annual budget of $4.3 million.

The City is seeking a leader with an outstanding customer orientation. The ideal candidate will also be an outstanding people manager with superior communication and interpersonal skills. In addition, the proven ability to analyze and solve complex problems is desired. A Bachelor’s degree in Urban Planning, Civil Engineering or related field is required. A Master’s degree, AICP certification and/or registration as a professional engineer is preferred.

The salary is DOQ. Negotiated salary will be DOQE and is supplemented by an attractive benefits package. This recruitment will close on Sunday, January 11, 2015. For detailed brochure and to apply online, visit www.tbcrecruiting.com.

Such a definition should establish the degree of evidence necessary to prove that an individual is actually using a vehicle as a dwelling in a location where that activity is prohibited. City officials should work closely with their city attorney to craft the appropriate language and recognize the challenges associated with proper enforcement. In addition, enforcement officers will need to be patient in observing possible violators and gathering evidence. The mere fact that an individual is storing personal items in a car may not be sufficient.

Enforcement officers should make observations over an extended period of time to support any allegation that an individual is using a vehicle as a dwelling as defined and prohibited by a local ordinance.

Conclusion Dealing with nuisance conditions created by public encampments and the use of vehicles for dwelling purposes on city streets requires patience, vigilance and sensitivity. Local agencies must provide reasonable notice to affected individuals before enforcement officers confiscate personal property and must provide those individuals with an opportunity to reclaim their property. Local officials must also ensure that their city’s ordinances provide clear guidance as to what conduct is prohibited. Taking these steps may be time consuming and challenging, but they will help cities address some of the complex public health, safety and welfare issues associated with public encampments and vehicle habitation while minimizing potential litigation risks. ■

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Teri Black • 424.296.3111 Carolyn Seeley • 949.487.7606

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Western City, December 2014

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