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AUGUST 2013 |

The Monthly Magazine of the League of California Cities速

Annual Conference Preview p.14 Using Public Resources for Gifts & Charity p.9 Deterring Graffiti and Recovering Costs p.11

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CONTENTS 2

Calendar of League Events

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President’s Message

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A New Advocacy Approach For Building Stronger Cities And a Stronger State

Cities have the power to eliminate and deter graffiti while recovering the expenses of cleanup, investigation, staff time and attorneys’ costs.

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of local control and diversity.

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How Cities Can Remove and Deter Graffiti and Maximize Cost Recovery By Matthew R. Silver

By Bill Bogaard Each year the League board of directors adopts a strategy for focusing the organization’s efforts. This year’s strategy emphasizes working with the state Legislature on issues

Legal Notes

Annual Conference Preview By Anna Swanson An overview of the League of California Cities 2013 Annual Conference & Expo coming to Sacramento next month.

City Forum

Solar Decathlon Features Innovation, Municipal Day and More

Exposition Exhibitors 16

By Marcus Ginnaty An international competition of solar-powered energy-efficient houses, designed by teams of college students, is coming to Southern California.

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By Lindsay Buckley Natural gas offers ways to increase efficiency and save money.

Everyday Ethics for Local Officials

Using Public Resources For Gifts and Charitable Purposes Many public agencies are finding their spending decisions under increasing scrutiny. Public-sector norms can differ significantly from those in the private sector.

Beyond the Light Bulb: Natural Gas Opportunities For Local Agencies

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Job Opportunities

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Professional Services Directory On the Cover: Sacramento Convention Center Photo: Courtesy of the Sacramento Convention & Visitors Bureau

President Bill Bogaard Mayor Pasadena

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

First Vice President José Cisneros Treasurer San Francisco

Second Vice President Tony Ferrara Mayor Arroyo Grande

Immediate Past President Michael Kasperzak Mayor Mountain View

Executive Director Chris McKenzie

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

Magazine Staff

leaguevents

Editor in Chief Jude Hudson, Hudson + Associates (916) 658-8234 email: editor@westerncity.com Managing Editor Eva Spiegel (916) 658-8228 email: espiegel@cacities.org

SEPTEMBER

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

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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.

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

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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.

Contributors Tony Cardenas Sarah Cuneo Yvonne Hunter Rebecca Inman Koreen Kelleher Lauren Kimzey Lorraine Okabe JoAnne Speers

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League of California Cities 2013 Annual Conference & Expo, Sacramento This conference offers dozens of educational sessions, numerous professional development opportunities, hundreds of exhibits and a chance to participate in the League’s policy-making activities at the Annual Business Meeting.

Associate Editors Jim Carnes Carol Malinowski Carolyn Walker Design Taber Creative Group Advertising Design ImagePoint Design For photo credits, see page 24. 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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Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2013 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume LXXXIX, No. 8.

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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. Join us on Facebook. www.facebook.com/westerncity www.facebook.com/LeagueofCaCities

Did You Miss the July Issue? Read it online at www.westerncity.com

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President’s Message by Bill Bogaard

A NEW ADVOCACY APPROACH FOR BUILDING

STRONGER CITIES STRONGER STATE AND A

We also know that California as a state can be strong only if its cities and other local agencies are healthy and strong. From my perspective, writing this column midyear, transforming the dysfunction of the past into a productive and mutually beneficial partnership is not only vital — it is essential if California is to thrive and regain its rightful position as a place of economic opportunity and innovation. Collaboration must be pursued at all times in light of the League’s mission “to expand and protect local control for cities,” which we will always aggressively advocate. And as important as collaboration is, we know that the League — when faced with a fundamental threat to local democracy — must always be prepared to go to the voters if necessary to prevent unreasonable state intrusion into local affairs and to advance city home rule and local control. With these preliminary thoughts in mind, I am pleased to give you a brief report on our efforts to date, organized around the major elements of the advocacy strategy. The upcoming League of California Cities 2013 Annual Conference in September will provide opportunities to discuss those efforts in greater depth. (For more about the conference, see page 14.) continued

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ach year the League board of directors adopts a strategy for focusing League efforts. This year’s strategy emphasizes working with the state Legislature on issues of local control and diversity. It was adopted after careful study by a special task force and extensive consultation with League members who would be engaging with many legislators.

ship has become; indeed, in recent years some in both state and city government would not describe it as a partnership at all but something more akin to a dysfunctional relationship.

The League will publish a comprehensive legislative voting report again in 2013.

The new strategy was based on the assumption that the legislators who took office shortly after the passage of the voterapproved changes in term limits, the “top two vote-getters” primary election process and redistricting would be deeply committed to rebuilding the state-local partnership. Like city leaders, these state officials know how strained that partnerThe League stands ready to take issues of local control to the voters when necessary.

www.westerncity.com

Western City, August 2013

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A New Advocacy Approach for Building Stronger Cities and a Stronger State, continued

The League has worked with other stakeholders and key legislators to develop and support legislation that will expand fiscal options for cities.

League Outreach to Legislature And Governor Outreach and Legislative Actions. League officers met with the governor’s representatives and most of the legislative leaders in early January to explore common ground for joint agendas. The entire

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League board met with Gov. Brown in April to discuss the importance of local diversity and control, economic development and careful implementation of criminal justice realignment to avoid dangerous community impacts. Proactive Legislation. The League supported a number of key pieces of legislation around economic development, affordable housing, infrastructure finance and community development, including AB 1080, SB 33 and SB 391. • AB 1080 (Alejo) concerns new taxincrement authority to address the needs of areas impacted by poverty and blight; • SB 33 (Wolk) reforms existing law on infrastructure financing districts to remove impediments to its use; and • SB 391 (DeSaulnier), the California Homes and Jobs Act, provides $500 million annually for affordable housing. New Revenue Options for Cities. The League has worked with other stakeholders and key legislators to develop and support legislation that will expand fiscal options for cities, including new sources of transportation infrastructure funding (some of which are still in development for 2014) and various constitutional amendment proposals that would reduce the vote required for new revenues. While the League has registered formal support for the following measures, none are expected to move out of the Senate this year. • ACA 8 (Blumenfield) lowers the threshold for voter approval to 55 percent for general obligation bonds to finance new infrastructure and public safety facilities; • SCA 4 (Liu) and SCA 8 (Corbett) are identical measures that authorize new, extended or increased special taxes by a local government for local transportation projects with 55 percent voter approval;

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Law Offices Throughout California

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The state-local partnership has become in recent years something more akin to a dysfunctional relationship. • SCA 7 (Wolk) authorizes a new, extended or increased parcel tax, special tax or the issuance of general obligation bonds for funding public libraries with 55 percent voter approval; • SCA 9 (Corbett) authorizes new extended or increased special taxes for funding local community and economic development projects with 55 percent voter approval; and • SCA 11 (Hancock) authorizes new extended or increased parcel taxes and special taxes for all local purposes with 55 percent voter approval. This is the most flexible of the proposals under consideration at present. Member Outreach to Legislators. League regional divisions hosted receptions for newly elected legislators and held meetings with all legislators to discuss common interests and support strategies on key League priorities. League members followed up with legislators during April’s Legislative Action Days and in their districts. Telling the City Story. Efforts are under way on two fronts.

Elected city officials and staff from throughout California gather each year at the League’s annual conference to seek solutions to shared problems, including the challenge of state-local relations.

• Charter city toolkit: The City Attorneys’ Department of the League is preparing a practical guide providing information on the differences between charter and general-law cities and sample city charters and procedures. Litigation. The League has continued to vigorously defend the local authority and constitutional revenue protections in Propositions 1A and 22, when necessary,

Legislative Scorecard. The League will once again publish a comprehensive legislative voting report for distribution to legislators, city officials and the media. continued

Working in Partnership with Local Communities

• City services profiles: The League has continued to publish and update city stories from more than 150 cities in the Strong Cities|Strong State program. The League has also published and distributed to legislators numerous in-depth stories that illustrate the importance of state-local economic development partnerships through tax-increment financing and enterprise zones.

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in the courts. It currently has an active lawsuit in the Sacramento Superior Court challenging the property and sales tax claw-backs in AB 1484, the 2012 redevelopment budget trailer bill.

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Western City, August 2013

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A New Advocacy Approach for Building Stronger Cities and a Stronger State, continued

California as a state can be strong only if its cities and other local agencies are healthy and strong.

Fundraising. The League’s fundraising continues as part of the effort to better position the League to take one or more of the following actions:

Building Relationships With Future Legislators. The key element of this effort involves encouraging talented local officials to participate in the League-sponsored California Civic Leadership Institute® (CCLI) and run for legislative office in 2014. The many private and/or nonprofit League Partners provide support for the important CCLI program.

• Fund a city home-rule ballot initiative;

Research and Draft Home Rule Legislation or Ballot Measure. The City Attorneys’ Department is currently evaluating the need and opportunity for potential statutory or constitutional amendments for securing greater home rule authority for all cities and limiting state pre-emption of local authority as appropriate. After being reported to the board, any proposal will be distributed to city officials for feedback while potential voter support is assessed.

• Support a legislative constitutional amendment in 2014 that would provide more revenue and funding options to fund city services and infrastructure needs;

• Defend cities against any ballot measure in 2014 that would undermine local authority and revenue; and • Augment costs associated with litigation in defense of existing constitutional protections. Thank you for your contributions to advancing our strategic advocacy efforts by building a closer relationship with our state partners. I have been honored to serve as the League president this year, and I look forward to continuing our efforts to build stronger cities and a stronger state. ■

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Acknowledgments And Thanks As the end of my term as League president draws near, I want to thank the League board of directors, Executive Director Chris McKenzie, League staff and all of the city officials who have worked so diligently this year. The League staff are the backbone of our organization, and their dedication makes it possible for us to attain our goals and, ultimately, serve our constituents and our communities more effectively.  In my work, the League’s Executive Committee has been enormously helpful as we worked together and with Chris to help craft solutions. And my sincere thanks to all the League leaders — the department, division, policy committee and constituent group leaders and members — who have contributed to our successes. I also want to thank my City of Pasadena colleagues and staff for their valuable support. Join us at the League of California Cities 2013 Annual Conference & Expo next month in Sacramento to learn about the latest developments that affect our cities and how we can work together to overcome the challenges that face us. I hope to see you there.

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Solar Decathlon Features Innovation, Municipal Day and More by Marcus Ginnaty

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he U.S. Department of Energy Solar Decathlon, an international competition of solar-powered, energy-efficient homes designed by teams of college students, is coming to Southern California.

About 800 students from 20 collegiate teams compete to design, build and operate the most energy-efficient, affordable and attractive solar house. The houses are built on-site and open to the public. The college students competing in the Solar Decathlon comprise aspiring engineers, architects, clean-energy entrepreneurs, urban planners and homebuilders. The teams also provide inspiration for youth interested in pursuing similar career paths. The Solar Decathlon 2013 will be held in conjunction with the first-ever XPO, an exposition focusing on clean, renewable and efficient energy, for eight days over two weekends. This free event will be open from 11:00 a.m. to 7:00 p.m. Thursday, Oct. 3 through Sunday, Oct. 6 and Thursday, Oct. 10 through Sunday, Oct. 13 at the Orange County Great Park in Irvine.

Municipal Day Focuses on Local Government Local government leaders and staff throughout California are invited to participate in Municipal Day at the Solar Decathlon and XPO on Friday, Oct. 4. Municipal Day will offer a series of workshops and panels on topics related to energy efficiency and sustainability. In addition, the event will provide a unique mix of networking opportunities with federal, state and local government officials in a setting focused on energy-efficient technologies. “This is a rare opportunity to be part of an international event that can provide everybody with exposure to solar technology and alternative energy options and ideas,” says Irvine Mayor Steven Choi, who will welcome the competing teams when the Solar Decathlon opens Oct. 3. The Solar Decathlon was first held in 2002 and subsequently in 2005, 2007, 2009 and 2011 in Washington, D.C. The event’s 2013 venue in California is the first outside the nation’s capital.

Optimizing Energy Efficiency This year’s Solar Decathlon features entries from Santa Clara University, left, and a combined team from the Southern California Institute of Architecture and the California Institute of Technology, below.

This year’s teams come from colleges as far away as the Czech Republic. Four teams from California are competing, representing Stanford University, the University of Southern California, Santa Clara University and a combined group from the Southern California Institute of Architecture and the California Institute of Technology. The student teams spend almost two years designing and building their houses and preparing for the decathlon. The competition places demands on the buildings’ energy systems to maintain the house within a certain temperature range, provide lighting, run appliances and much more. The houses generate energy with solar photovoltaic systems that produce electricity and with solar thermal systems that heat and cool the space and heat water as well. The solar homes designed and built by the competing teams showcase a variety of approaches and new ideas on how to increase energy efficiency. The features and products used in the competing houses are available now and can be used in both public facilities and private homes. Visitors to the XPO will have an opportunity to see a broad spectrum of energy-efficient technologies and products. The XPO offers items of interest for people of all ages as well as hands-on activities for children. For more information on Solar Decathlon 2013 and XPO visit www.solardecathlon.gov and www.the-xpo.org. ■

Marcus Ginnaty is public information officer for the Orange County Great Park Corporation and can be reached at MGinnaty@ci.irvine.ca.us.

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League of California Cities

www.cacities.org

Everyday Ethics for Local Officials

Using

Public Resources for

Gifts and Charitable Purposes Question

Our agency recently adopted a very austere budget, which resulted in eliminating popular services and programs. Our agency’s chief executive has been quoted as saying that in the current economic environment the agency can fund only its essential functions. A local blogger has argued that the agency “wastes” resources on nonessential and possibly unlawful activities and this “waste” should be addressed before programs are eliminated.

To document this assertion, she has requested records related to:

to charitable fundraising on agency time and/or using agency facilities.

• Gifts to individuals;

As part of her crusade to restore the cut programs, she has promised to involve our district attorney, who recently announced a greater focus on public integrity issues (including the misuse of public resources). Our agency is generally quite careful, but there are a few items in the records that could be embarrassing.

• Gifts and/or contributions to nonprofit organizations; • Travel expenses; and • Credit card usage. She apparently also has her eye on other forms of charitable fundraising. Her theory is that if the staff has time for such activity, they must not have enough “real work” to do. (She already has run a post criticizing firefighters for participating in a “Fill the Boot” campaign for a local charity.) She has asked for copies of all emails that refer

What’s done is done, of course. But what spending guidelines might local agencies consider to reduce the likelihood of heartburn when these types of records requests arrive?

Answer In these difficult economic times many agencies are finding their spending decisions under increasing scrutiny. In fact, one study showed that budgetary challenges are driving greater transparency in local agency information and decision-making. Careful stewardship of public dollars, however, is not a new concept. In his first inaugural address, Thomas Jefferson

equated “good government” with a “wise and frugal government” that, among other things, does not “take from the mouth of labor the bread it has earned.” Jefferson’s observation is one of the key reasons that decisions on how to use public resources are especially sensitive. Most taxpayers understandably believe a dollar that goes to the agency is a dollar they don’t get to spend.

Public dollars are a quintessential example of “other people’s money.” This article addresses the gifts and charitable contribution and/or fundraising issues raised by the question above. The next “Everyday Ethics for Local Officials” article will address travel, expense reimbursement and credit-card use. continued

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

www.westerncity.com

Western City, August 2013

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Using Public Resources for Gifts and Charitable Purposes, continued

Charitable support by a public agency can be acceptable if there is a valid public purpose and benefit — for example, a donation to the local Tree Foundation in return for an agreement to replace street trees that the agency must remove due to disease or old age.

Gift-Giving Issues for Public Agencies Public-sector norms can differ significantly from those in the private sector. It is common for business people to extend hospitality and make gifts and charitable contributions to generate goodwill for the company.

In the public sector, California’s Constitution specifically prohibits “gifts” of public resources, often referred to as the ban on “gifts of public funds.” It also applies to gifts from either an agency or its officials to private citizens or organizations.

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Because this ban is in the state Constitution, it applies to all public agencies except charter cities. However, the charters of many charter cities also prohibit gifts. How does one know if a goodwill activity or gesture that might be perceived as a gift is OK? The test is whether a valid public purpose justifies the use of public resources in the manner proposed. Note that special districts have an additional burden when it comes to expenditures. Not only must they demonstrate that the contribution serves a continued on page 26

A public official should

not assume

it is appropriate for public agencies to contribute to charitable organizations. www.cacities.org

How Cities Can

Remove and and Deter Deter Graffiti and Maximize Cost Recovery by Matthew R. Silver Many cities suffer from some amount of graffiti in the community. Often associated with gang activity and other criminal elements, graffiti “taggers” spray, etch and paint their monikers in commercial areas and residential neighborhoods. Taggers demarcate territory, set gang boundaries and send messages to each other and the public on all types of public property, including in parks and on fences, signs and underpasses. Such conduct can result in more than just blight. Graffiti may have a negative impact on the community at large as well as the city charged with removing it. But cities have the power to eliminate and deter graffiti while recovering the expenses of cleanup, investigation, staff time and attorneys’ costs. Furthermore, these expenses can be recovered from the tagger and, if the tagger is a minor, from the minor and his or her parents or guardians. In addition to helping offset the impact of graffiti on cities and taxpayers,

cost recovery helps deter graffiti by penalizing the taggers and holding them and their parents or guardians accountable.

The Costs of Graffiti By some estimates, graffiti has resulted in a national cost of more than $12 billion just for cleanup. Many of these expenses are incurred by public entities and thus taxpayers. Residents also incur costs to remove graffiti from their private property. In addition, graffiti damages local

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.

businesses — a fundamental tax base for cities. Graffiti can create the appearance of a run-down and potentially dangerous area, scaring away customers or at least making them feel uncomfortable. For the same reasons, nonresidents may be less likely to visit or shop in the affected community and spend money there. Perhaps even more damaging are the societal costs. Unremediated graffiti plays into the hands of the “broken windows theory,” which holds that blight begets crime. continued

Matthew R. Silver is a partner in the law firm of Silver & Wright LLP and can be reached at msilver@silverwrightlaw.com.

www.westerncity.com

Western City, August 2013

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How Cities Can Remove and Deter Graffiti and Maximize Cost Recovery, continued

Left for long enough, blight (including graffiti) may lead to community degradation and increased crime, which in turn can result in a vicious circle of more blight and crime.

To overcome this challenge, cities should utilize a comprehensive solution that not only punishes those who cause the graffiti but also allows the city to recover its costs incurred in the abatement.

Graffiti may also intimidate residents. Residents may feel less safe when they see graffiti, particularly when they associate the graffiti with gangs or criminals. Property owners may even confront taggers, resulting in assaults and other violence.

The Solution: A Comprehensive City Ordinance Based on State Law Communities benefit most from a comprehensive approach to combating graffiti. This means not just removing the graffiti itself but also recovering the costs for the cleanup, addressing the criminal behavior of the tagger and even putting pressure on parents or guardians to take more responsibility for their minors.

There are few, if any, groups supporting taggers. Unlawful graffiti is a nuisance that should be eliminated and deterred if the community is to maintain or improve its quality of life. However, in times of limited city personnel and resources, removing graffiti quickly and completely can present a significant challenge.

While some cities look to recover “restitution” (payment for the cost of graffiti removal) as part of a tagger’s

criminal conviction, others have been disappointed when the payment never arrives because the minor may be unemployed or has no other assets. Further, the obligation to pay damages to the city ends along with the minor’s probation, if any, which may be a short period. Consequently cities may wish to control their own cost recovery. State law provides the authority for this approach by statute, declaring graffiti a nuisance and allowing cities to impose the “expenses” of graffiti abatement on the tagger and, if a minor, on both the minor and parents or guardians. Expenses include, but are not limited to: • Cleanup costs incurred by the city; • Attorneys’ fees spent on the graffiti abatement, including any court action to recover the expenses; • Court costs; • Repair or replacement costs; and

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• Law-enforcement costs involved in identifying and apprehending the tagger. With a properly drafted ordinance, cities can also add to the list of recoverable expenses to include other costs incurred related to the abatement.

Unlawful graffiti is a nuisance that should be eliminated and deterred if the community is to maintain or improve its quality of life.

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To take advantage of these broad tools, cities must adopt an ordinance. State law already provides a good template for the ordinance, although each city should consider making modifications to provide for maximum cost recovery based on the particular city’s needs. The ordinance should provide that the taggers and parents or guardians are equally or jointly responsible for the costs and expenses of graffiti abatement. By ensuring equal liability for the minor’s parents or guardians, the city will be able to seek recovery from their assets and even intercept wages and tax refunds. Equally important, holding the parents or guardians liable for a minor’s unlawful activity may force the parents and guardians to take more responsibility for their child’s actions. This, in turn, can lead to the added benefit of reducing repeat offenses. The ordinance should also define graffiti broadly and provide a standard for determining liability for graffiti violations. State law already provides a laundry list of definitions, which the ordinance should mirror. Taggers, whether minors or adults, are liable under the state law if, among other requirements, they have been convicted of or pled guilty or no contest to the graffiti-related violation. They can even be deemed responsible — for purposes of this remedy — simply by confessing or admitting to the graffiti. This is the easiest and most common basis for liability, especially if the city’s police or code enforcement officials properly seek and obtain that information when interviewing a suspect. Cities should also make sure to include other enforcement remedies in the ordinance, such as the ability to recover civil penalties of up to $1,000 for each incident. This provides a strong carrotand-stick approach when negotiating a settlement, if any, with the tagger and/ or the parents or guardians. In addition to being subjected to a city’s civil penalties and cost recovery, criminal liability for graffiti can effectively supplement

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Western City, August 2013

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Annual Conference Preview

League of California Cities

2013 Annual A

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About the Conference Logo This year’s conference logo was designed by Gary Kelly of Redwood City. His artwork was selected from a number of logos submitted by cities throughout the state. Kelly, a community development specialist who has worked for Redwood City for 13 years, provides support for new business signage, city public events advertising and city website graphics. The idea for the logo came to him with relative ease after reading the contest guidelines. “The first thing I thought of was a gold coin or medallion, because of the immediate connotation of value or quality,” he says. “It made for a clean, simple design.” Kelly received complimentary registration to the annual conference, a $100 American Express gift card, a conference shirt and official bragging rights.

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Sacramento Convention Center, Sept. 18–20

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Conference & Expo

Join participants from nearly 400 cities throughout the state at the League’s largest conference of the year. Meet with approximately 2,000 elected officials and staff in more than 35 break-out sessions and CityTalks designed to educate and inform. Watch for sessions of special interest to city attorneys, fire chiefs and human resources professionals, which offer a more personalized professional development experience. While the number of sessions may seem overwhelming to a newcomer, an orientation for first-time attendees held on the first day of the conference provides background on the League and helps participants derive the greatest benefit from attending the conference.

Wednesday, Sept. 18

in the morning, followed by the FirstTime Attendee Orientation at 1:00 p.m. The Opening General Session commences at 3:00 p.m. with the League’s annual report, announcement of the Helen Putnam Award for Excellence winners, presentation of the Past Presidents’ Lifetime Achievement Award and a keynote address from Erik Wahl.

This year’s conference kicks off Wednesday, Sept. 18 with registration beginning at 9:00 a.m. and policy committee meetings

The Grand Opening of the Expo Hall follows the Opening General Session. Enjoy Sacramento’s bounty at the Host

Anna Swanson is conference marketing coordinator for the League and can be reached at aswanson@cacities.org. League of California Cities

www.cacities.org

Keynote Speakers Opening General Session keynote speaker Erik Wahl is an internationally recognized artist, entrepreneur and philanthropist. Author of Unthink: Rediscover Your Creative Genius, Wahl uses art as a means to inspire professionals to achieve greater levels of performance. Thursday’s General Session features keynote speaker Lowell Catlett, a futurist who works nationally and internationally with organizations and corporations on planning related to the impacts of technology on careers and the economy. Catlett is a professor and dean of the College of Agriculture, Consumer and Environmental Sciences at New Mexico State University.

Erik Wahl

Lowell Catlett

City Reception with the theme “I Dig Sacramento, Farm-to-Fork Capital of America” from 5:00 to 7:00 p.m. The CitiPAC Eighth Annual Leadership Gala Casino Night will be held following the Expo and Host City Reception.

Thursday, Sept. 19 A full day of educational opportunities launches with a General Session featuring the keynote speaker, futurist Lowell Catlett, at 8:00 a.m. A variety of traditional sessions as well as the increasingly popular CityTalks, which use a 20-minute session format with one speaker, will be conducted throughout the afternoon. Attendees are encouraged to visit the Expo between 10:00 a.m. and 3:00 p.m. Lunch in the Expo Hall provides an opportunity for attendees to meet with exhibitors between 11:00 a.m. and 1:00 p.m. exclusively without missing any sessions or meetings.

www.westerncity.com

Thursday afternoon’s educational sessions will cover topics including the Affordable Care Act and city responsibilities, revitalizing communities, creative placemaking and infrastructure financing. The evening will provide abundant networking opportunities at various receptions held by the League’s diversity caucuses, which comprise the: • African American Caucus; • Asian-Pacific Islander Caucus; • Gay, Lesbian, Bisexual and Transgender Local Officials’ Caucus; • Latino Caucus; and • Women’s Caucus.

Friday, Sept. 20 The final day of the conference offers attendees more networking and professional development events. Check with

your regional public affairs manager for division event times, dates and applicable costs. Educational sessions resume at 9:00 a.m., covering topics that include emergency preparedness, new legislation and court rulings that affect city finance, economic development strategies related to retail — and much more. The closing luncheon will begin at noon on Friday. Its program includes the swearing in of the 2013–14 League board of directors as well as the General Assembly and Annual Business Meeting, where city delegates vote on policy resolutions to be implemented in the coming year. Each city should designate at least one voting delegate at the conference to represent its position on issues under consideration at this meeting. Voting delegates must be registered for the conference to participate in the General Assembly and Annual Business Meeting. ■

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Annual Conference Preview

Exposition Exhibitors League Partners appear in blue. AAA Flag & Banner ABM AECOM AT&T2 AbTech Industries, Inc. Adams Ashby Group AIRVAC American Fidelity Assurance Company American Red Cross Bay Area American Traffic Solutions Ameron Pole Products AndersonPenna Partners, Inc. Asphalt Zipper Association of California Water Agencies Atkins2 Avery Associates2 BSA Architects - Bull Stockwell Allen Badger Meter, Inc. Bay Area Plug-In Electric Vehicles Belgard Hardscapes by Oldcastle Best Best & Krieger, LLP1,2 Blais & Associates Bob Murray & Associates2 Bureau Veritas Burke, Williams & Sorensen, LLP1,2 CH2M HILL CRW Systems, Inc. CSG Consultants, Inc. California Building Officials California Communities/ U.S. Communities California Consulting, LLC1,2 California Contract Cities Association California Dept. of General Services/ Cal-Card California Dept. of Housing & Community Development California Dept. of Insurance California Dept. of Water Resources California Fuel Cell Partnership California Infrastructure and Economic Development

California Joint Powers Insurance Authority California Nevada Cement Association California Prison Industry Authority California Product Stewardship Council California State Board of Equalization CalPERS CalTRUST CalVet – California Dept. of Veterans Affairs Campus California Cartegraph Charles Abbott Associates2 Chevron Energy Solutions Citrus Pest & Disease Prevention City Clerks Association of California City Ventures CityGovApp, Inc. CleanStreet Climatec BTG Comcate, Inc. Construction Testing Services Cooper Streetworks Coplogic, Inc. Credit Bureau Associates Crown Castle International, Inc.1,2 DN Tanks Dapeer, Rosenblit & Litvak, LLP Dart Container David Taussig & Associates, Inc. Davis Instruments Corporation De La Rosa & Co. Diesel Technology Forum Digital Ally, Inc. Dr Pave Dudek Earth Systems EcoCentre eCivis Evonik Cyro, LLC Ferguson Waterworks Meter and Automation

Fieldman, Rolapp & Associates, Inc. Fire Recovery USA First Investors Corporation FirstSouthwest Fuelmaster/Syn-Tech Systems, Inc. George Hills Company, Inc. GovDeals, Inc. Govern for California Grand Canyon University Graphic Solutions Green Alternative Systems Griffin Structures HdL Companies HEAL Cities Campaign HF&H Consultants, LLC HR Green, Inc. Hall & Foreman, Inc. Harris & Associates Hello Housing ING ITEM, Ltd. iCity Corporation In God We Trust - America, Inc. Insurance Information Network of California International Municipal Signal Association Far West Section International Parking Design Itron JM Eagle Jamboree Housing Corporation Jere Melo Foundation Jive Communications, Inc. Johnson Controls Jones & Mayer Junar Kaiser Permanente Kasdan Simonds Weber & Vaughan, LLP Keenan & Associates Kosmont Companies & Auction.com

1 – Institute for Local Government Partner, 2 – CitiPAC supporter. List current as of July 16, 2013. Visit us at www.cacities.org/expo.

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www.cacities.org

The Exposition provides an opportunity for city officials to learn about products and services designed to help maximize efficiency and cost effectiveness.

Kronick Moskovitz Tiedemann & Girard1 LINC Housing LPA, Inc. Laserfiche Library Systems & Services Liebert Cassidy Whitmore1 Live Earth Products, Inc. Local Search Association Lucity, Inc. Macias Gini & O’Connell LLP (MGO) Matrix Consulting Group MCE Corporation Meyers Nave1,2 MuniServices

MY BARK CO, INC. MyCommunity Mobile, LLC NBS National Community Renaissance National Construction Rentals NEOGOV Newport Pacific Capital/Modular Lifestyles Next 10 Northern California Carpenters Regional Council Omni-Means, Ltd. PARS PERC Water Pacific Gas and Electric Company

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Paragon Partners, Ltd. PetData Piper Jaffray Planet Aid, Inc. Plastic Safety Systems Point & Pay Precision Concrete Cutting PsomasFMG2 Public Agency Risk Sharing Authority of California Public Financial Management, Inc. Public Restroom Company QPCS LLC Q-STAR Technology Quad Knopf continued

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Western City, August 2013

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Exposition Exhibitors, continued

RBF Consulting, a Michael Baker Corp. RJM Design Group, Inc. RKA Consulting Group RSG, Inc. RWP Landscape Materials Ralph Andersen and Associates RedFlex Traffic Systems Renovate America Republic Services2 Rouditor, LLC SCS Engineers SSA Landscape Architects, Inc. Schneider Electric Security Lines US Sensus SERVPRO Severn Trent Services Siemens Sims Recycling Solutions

SmartCitiesPrevail.org2 Sol, Inc. SolarCity Southern California Edison1,2 SouthTech Systems SouthWest Water Company Spohn Ranch Skateparks Sportsplex USA State Water Resources Control Board SyTech Solutions TIAA-CREF TBWB Strategies TNT Fireworks TeamCalifornia The Citadel Group The U.S. Conference of Mayors TOTER WASTEQUIP TRAMUTOLA Transtech Engineers, Inc. Trend Micro, Inc.

Tribal Alliance of Sovereign Indian Nations2 US Auctions U.S. Bank U.S. Citizenship and Immigration Services Union Pacific Railroad University of Southern California, Price School of Public Policy Vali Cooper & Associates, Inc. Vanir Construction Management, Inc. Vision Internet Wacker Neuson Walker Parking Consultants/ Engineers, Inc. Wells Fargo West Coast Arborists, Inc. Western Pacific Signal, LLC Willdan William Baker & Associates ■

1 – Institute for Local Government Partner, 2 – CitiPAC supporter. List current as of July 16, 2013. Visit us at www.cacities.org/expo.

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League of California Cities

www.cacities.org

How Cities Can Remove and Deter Graffiti and Maximize Cost Recovery, continued from page 13

the city’s ability to impose liability and achieve cost recovery, providing an effective one-two punch to deter future violations. The abatement ordinance should therefore also provide that placing graffiti within the jurisdiction constitutes a misdemeanor, which is punishable by a maximum penalty of a $1,000 fine and/or six months imprisonment. The city may then prosecute a tagger for the criminal violation, potentially resulting in additional fines and probation. Future acts of graffiti during probation would increase the punishment. Juvenile taggers may also be prosecuted by the state in juvenile proceedings. The ordinance may further provide for payment of triple the expenses for the abatement if there have been at least two civil or criminal judgments against the tagger within a year. In addition, the ordinance should provide for actual recovery of the fines and expenses by attaching the costs to real property — owned by the tagger or the parents or guardians of the tagger — through a lien or special assessment. Traditional recovery methods, such as wage garnishment, attachments and personal property liens, may also be available. Finally, the city should establish an effective enforcement system for the ordinance among the various city departments, including for tracking and abating graffiti and identifying those responsible. City staff should not hesitate to enlist the help of the city attorney or special counsel to enforce the ordinance and recover the defined expenses and penalties, as even attorneys’ fees may be recoverable.

An Example of Successful Graffiti Ordinance Enforcement Diligently and properly enforced, a graffiti abatement ordinance can have a dramatic effect on deterring graffiti and restoring the local community’s sense of pride and safety. In one Orange County city, for example, graffiti cleanup costs totaled $183,000 in 2010 alone. The following year, the city enacted an ordinance containing many of the provisions recommended in this article. Throughout 2011

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and 2012, the city diligently enforced the new ordinance and brought enforcement actions against taggers and their parents, seeking recovery of all costs associated with the graffiti as well as penalties to deter future violations. In the first calendar year alone, graffiti removal costs in the city were reduced by roughly half. The city also made a point of targeting the more prolific taggers, who had caused tens of thousands of dollars of damage throughout the community. Other cities may achieve similar or even better results, but they must first enact the appropriate ordinance and enforce it consistently. This action will send the message to taggers and their parents that the community will no longer tolerate such conduct, and they will be held responsible for the costs and penalized accordingly.

Conclusion While many cities may never be completely free from graffiti, by employing the tools described here those cities can substantially reduce graffiti, pressure those causing it to change course, and recover the costs incurred for abatement. Cities may find that these actions reduce the economic and societal costs of graffiti in the community, while providing an effective deterrent for taggers and impetus for their parents or guardians. ■

Looking for Footnotes? A fully footnoted version of this article is available online at www.westerncity.com.

City officials trusted the legal guidance and multidisciplinary expertise of Kronick attorneys to help navigate their legal challenges and enhance their communities. At this year’s conference...

Jeff Massey and Aaron Laurel Infrastructure Financing: Brave New Alternatives in a Post-Development World (Thursday at 1:00 p.m.) Visit us at our booth #609

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Western City, August 2013

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Beyond the Light Bulb: Natural Gas Opportunities for Local Agencies

Natural gas emits less carbon dioxide than any other fossil fuel.

by Lindsay Buckley Natural gas is an important part of California’s energy mix, meeting almost one-third of the state’s total energy needs. As local agencies are becoming increasingly proactive about energy efficiency, cities and counties are looking “beyond the light bulb” for ways to increase efficiency, reduce consumption and save money. Local agencies can reduce natural gas consumption while exploring options to offset electricity consumption through projects that generate power. Using natural gas can also help local agencies reduce greenhouse gas emissions from fleet vehicles because compressed natural gas burns more cleanly than other fossil fuels.

Benchmarking: Determining a Facility’s Performance Benchmarking offers a useful first step by assessing a facility’s energy usage and performance and comparing it to similar facilities. Facility energy usage data analyzed through the benchmarking process becomes a roadmap for project investment. Because there’s no cookie-cutter approach to energy efficiency, benchmarking identifies options for retrofitting and retrocommissioning (techniques to increase energy efficiency) based on the conditions of the individual facility. The counties of Kings and Tulare and the cities of Hanford, Lindsay, Porterville, Tulare, Visalia and Woodlake bench-

marked all agency facilities through the Valley Innovative Energy Watch (VIEW). VIEW is a collaboration of the two counties, six cities, the San Joaquin Valley Clean Energy Organization and three local utility companies: Southern California Edison, Southern California Gas Company and Pacific Gas and Electric Company (PG&E). While the VIEW partnership’s benchmarking efforts identified a limited number of natural gas retrofit opportunities, each facility’s data was entered into an online tool that tracks usage over time. Tracking a building’s performance will help the local agencies identify opportunities for and make informed decisions about future energy-efficiency investments. The utilities offer technical assistance for similar benchmarking efforts to other local agencies as well.

Retrocommissioning Facilitates Savings Retrocommissioning evaluates existing equipment to make sure it performs as originally designed and works efficiently with newer equipment. Benchmarking can help prioritize a local agency’s retrocommissioning efforts. According to the U.S. Department of Energy, retrocommissioning public buildings can reduce energy costs by 10 to 20 percent, freeing up public funds for other uses.

Lindsay Buckley is a program coordinator for the Institute for Local Government and can be reached at lbuckley@ca-ilg.org.

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www.cacities.org

Improvements are made to heating, ventilation and air conditioning systems, lighting and control systems. Many improvements are inexpensive with relatively quick paybacks, often two years or less, and can be as simple as reprogramming controls with no need to replace equipment. Retrocommissioning offers a costeffective strategy to increase natural gas and electricity efficiency and achieve cost savings. This option makes sense for most cities and counties, including agencies with few facilities and minimal natural-gas powered equipment. Local agencies may want to consider adopting a retrocommissioning policy to go beyond a one-time effort and ensure regular feedback on facility performance.

Retrofitting Facilities With Energy-Efficient Equipment Upgrading, or retrofitting, facilities with more energy-efficient equipment can reduce consumption and costs. Incentives and rebate programs may be available to help reduce the expense of energyefficiency retrofits. Opportunities to save on natural gas include making upgrades to furnaces, pool heating, pumps, motors, space heating, boilers, water heating, controls and pipe and tank insulation. Retrofitting natural gas equipment is especially effective for facilities that use large amounts of natural gas. The types of local agency facilities that are considered “larger” users of natural gas include: • Those with central plants, combined heat and power (cogeneration) and/ or natural gas chillers; • Hospitals; • Jails; and • Municipal water and wastewater facilities, including treatment plants. Other facilities that may be considered larger natural gas users — but should be evaluated on a case-by-case basis — include courthouses, police and fire stations, administrative offices and maintenance facilities.

Many cities and counties have replaced gasoline-powered fleet vehicles with natural gas-powered vehicles. Advertisement

Utility providers are working with cities and counties to review capital projects and determine if projects that include energy efficiency can qualify for new options such as on-bill financing and incentives. On-bill financing provides easily accessible, low- to zero percentinterest loans for purchasing and installing energy-efficient equipment; loan payments are included on the monthly utility bill. Exploring financing options can help cities and counties stretch budgets further. The City of Carpinteria used on-bill financing and received a $5,555 incentive from Southern California Gas Company to replace its outdated community pool boiler in 2012. The project is slated to save the city $4,379 in natural gas costs annually, repaying the cost of the zero percent interest loan in less than eight years. The project also yields environmental benefits for the city, saving 5,555 therms, which is equivalent to almost 28 metric tons of carbon dioxide or the amount of carbon absorbed annually by approximately 23 acres of U.S. forests. continued

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Western City, August 2013

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Beyond the Light Bulb: Natural Gas Opportunities for Local Agencies, continued

Because there’s no cookie-cutter approach to energy efficiency, benchmarking identifies options based on the conditions of the individual facility.

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Katie Koster Managing Director 949 494-6110 katherine.a.koster@pjc.com

Dennis McGuire Managing Director 916 361-6520 dennis.j.mcguire@pjc.com

Russell Reyes Managing Director 310 297-6014 russell.c.reyes@pjc.com

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Denise Rappmund Vice President 949 494-6115 denise.j.rappmund@pjc.com

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In 2012 cities and counties in the North San Francisco Bay Area worked with PG&E to replace boilers and heating, ventilation and air conditioning systems. Sonoma County and its cities achieved a one-time savings of more than 22,000 therms, while Marin County and its cities achieved a one-time savings of more than 29,000 therms — the greenhouse gas reduction equivalent of taking approximately 53 passenger vehicles off the road for a year. More than $50,000 in financial incentives from PG&E helped reduce the cost of the projects.

Offsetting Consumption With Generation Natural gas emits less carbon dioxide than any other fossil fuel; for example, it emits 50 percent fewer greenhouse gas emissions than coal. For this reason, local agencies are exploring ways to offset electricity usage with natural gas to reduce greenhouse gas emissions and benefit from cost savings. Natural gas generation projects can also help local agencies offset utility bills and possibly provide a revenue source through the capture and sale of biogas. The City of Tulare reduced its electricity bills by more than $1 million a year since 2007 after installing fuel cells at its wastewater treatment plant. The fuel cells run on biogas, a byproduct of the wastewater treatment process, and generate clean electricity to help power the plant. Wastewater treatment facilities provide the opportunity to convert waste into biogas to meet on-site energy needs. Excess biogas can also be sold to natural gas providers or electric utilities for power generation. Tulare’s system generates 1.2 megawatts of electricity, or 45 percent of the plant’s needs. City staff estimates that the system saves the city about $3,500 per day in avoided electricity costs. Considering operations and maintenance costs, electricity savings and other factors, Tulare estimates the project will pay for itself within about five years and then generate future savings.

Since 1895. Member SIPC and NYSE. © 2013 Piper Jaffray & Co. 6/13 CM-13-0207

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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.

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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.

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Temporary staff help is just a phone call away! City Manager, San Fernando, CA The City of San Fernando, a diverse community of 25,145 residents, is nestled at the foothills of the San Gabriel Mountains in the San Fernando Valley and is surrounded by the City of Los Angeles. San Fernando is now seeking a City Manager to oversee an Operating and Capital Improvement Budget of $38 million and 100 full-time employees. Operating departments in the City include Police, Community Development, Public Works, Recreation and Community Services, Finance, and Personnel; the City contracts with the City of Los Angeles for Fire services and is in the County Library District. The City Council is looking for a strong manager with significant local government experience. The ideal candidate will have experience in finance, human resources/labor relations, and economic development. Candidates who possess a Bachelor’s Degree in Public Administration, Business Administration, or a related field will receive favorable consideration. A Master’s Degree is desirable. The salary for this position is open and dependent upon qualifications, and the City offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing Date: September 13, 2013. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

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MONTEREY PARK DIRECTOR OF

Management Services Annual salary range is $116,000 – $148,000, plus excellent benefits.

The City of Monterey Park is seeking a Director of Management Services who is a dynamic leader, excellent communicator with outstanding interpersonal skills, and a proven track record of building and maintaining effective relationships. The Director will oversee the operations and services of the Management Services Department which includes the Finance Division and Support Services Division operations. The successful candidate will be required to provide leadership and direction to a professional and support staff of 16 in the development and execution of short and long range plans and projects. Candidates must have seven years of professional and managerial experience. Graduation from an accredited four-year college or university with major course work in public administration, accounting, finance or a related field is required. A Masters degree is desirable. Visit: www.ci.monterey-park. ca.us for additional information and required application or call 626-3071334. Deadline to file: 8/12/2013 5:00 P.M.. Terms and conditions subject to change without prior notice.

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Assistant City Manager City of San Clemente, CA

Located in beautiful southern Orange County, mid-way between Los Angeles and San Diego, the coastal City of San Clemente offers 4.7 miles of breathtaking beaches, a year-round moderate climate, and outstanding family-oriented environment for its 64,200 residents. The Assistant City Manager will oversee Finance and Administrative Services and will team with the City Manager and executive management in providing outstanding quality services to the community. The ideal candidate will possess proven management and leadership experience within a local government setting as well as solid interpersonal, communication, and team-playing skills. A Bachelor’s degree in public or business administration or related field is required; Master’s preferred. Annual salary range is $151,020 to $183,564; appointment DOQ.

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 August 19, 2013.

Finance Director, Washoe County, NV Located along the eastern slopes of the Sierra Nevada Mountains in northwestern Nevada, Washoe County covers an area of 6,600 square miles bordering California and Oregon and has a population of approximately 428,000. Washoe County is now seeking a Finance Director to oversee a FY 2013/2014 budget of $12 million and 34 employees. Any combination of education and experience providing the necessary knowledge, skills, and abilities for this position would be qualifying; a typical candidate will possess a Master’s Degree in Accounting, Public Administration, Business Administration, Economics, or a closely related field and at least 5 years of administrative experience in financial management for a public agency. Certification as a CPA in the State of Nevada is required within six months of appointment; out-of-state reciprocity is available, and details can be found by clicking on “CPA Certification by Reciprocity” at www.nvaccountancy.com/form.fx. As the County uses SAP ERP, experience with this software is desirable. The salary for this is position open and dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date August 20, 2013. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Photo/art credits Cover: Courtesy of Sacramento Convention & Visitors Bureau Page 3: Capitol, courtesy of Sacramento Convention & Visitors Bureau; voters, Spirit of America/Shutterstock.com

Pages 12 & 13: Zhuhe2343603/Shutterstock.com Pages 14 & 15: Convention Center, Courtesy of Sacramento Convention & Visitors Bureau Page 17: Courtesy of League of California Cities

Page 5: Courtesy of League of California Cities

Page 20: Shawn Hempel/Shutterstock.com

Page 6: Chedomir/Shutterstock.com

Page 21: Courtesy of Institute for Local Government

Page 8: Courtesy of U.S. Department of Energy

Page 26: Jude Hudson, Hudson+Associates

Page 9: Garsya/Shutterstock.com

Page 29: Xavier Marchant/Shutterstock.com

Page 10: Gerry Boughan/Shutterstock.com Page 11: Sam Cornwell/Shutterstock.com

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Beyond the Light Bulb: Natural Gas Opportunities for Local Agencies, continued from page 22

availability of the fuel, a waste management company was able to convert its fleet of diesel-powered trash trucks to a fleet of 25 new trucks powered by compressed natural gas. Sales of natural gas have become a revenue source for the city, and use of the fuel contributes to both municipal and communitywide greenhouse gas emission reductions.

Natural Gas and Local Agency Fleets: A Road to Greenhouse Gas Reduction In an effort to save energy and further reduce greenhouse gas emissions and costs, many cities and counties have replaced gasoline-powered fleet vehicles with natural gas-powered vehicles. Light-duty cars and trucks powered by natural gas generate 30 to 40 percent fewer greenhouse gas emissions than gasoline-powered vehicles and reduce smog-producing gases by 60 to 90 percent. Many cities and counties also operate and maintain natural-gas fueling stations for their fleets.

Resources to Support Local Efforts Three California investor-owned utilities — San Diego Gas & Electric Company, Southern California Gas Company and PG&E — serve 98 percent of the state’s natural-gas customers. These natural-gas providers offer technical assistance and financial and informational resources to support local government efforts.

During the renovation of its transit maintenance facility, the City of Simi Valley expanded and upgraded its natural-gas fueling station that supplies fuel to the city’s bus fleet, which runs on compressed natural gas. Because of the increased local J

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City of Daly City, CA

“Gateway to the Peninsula” Assistant City Manager –

Appointed by City Manager Pat Martel, the ideal candidate will bring broad generalist experience, a high level of professional competence, and astute judgment to work closely with the City Council, City Manager, and staff in order to facilitate effective and efficient programs and services to the community. Strong interpersonal skills and an ability to build effective working relationships is required. A Bachelor’s degree is required; a Master’s is preferred. In addition, the selected candidate will possess proven executive level, local government management experience. Salary range is $163,982 -- $199,342.

Director of Finance & Administrative Services –

The city is seeking an expert municipal finance professional who can assist and guide management on financing, budgeting, revenue management, accounting, information services, and related matters as well as advise the City Manager and City Council on long-term financial planning on policy matters. Exceptional communication skills and a strong desire to provide superior services to both internal and external customers as well as management ability and skills in the field of municipal finance, in-house computer systems, and professional accounting is required. A Bachelor’s degree in accounting, business administration, public administration or related field is required; Master’s degree and/or CPA is desirable. Salary range is $155,870 -- $189,462.

www.westerncity.com

case stories and white papers about energy efficiency and efficient transportation. ILG also provides recognition for energy efficiency accomplishments through the Beacon Award program. The Beacon Award is sponsored by ILG and the Statewide Energy Efficiency Collaborative (SEEC), which offers no-cost resources to support the energy and climate initiatives of California local governments. SEEC is an alliance between three statewide nonprofit organizations and California’s four investor-owned utilities. ■

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Located at the northernmost edge of San Mateo County and adjacent to San Francisco, Daly City (pop. 102,600) extends from the Pacific Ocean on the west to nearly San Francisco Bay on the east. Because of its central location, diversified economy, excellent transportation links, and a growing young and productive labor force, Daly City’s future for economic growth is bright. Daly City is a full-service city of 511 employees with a $73M general fund budget. Services provided include police, fire, library and recreation services, along with water and sewer utilities. 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: August 26, 2013.

Western City, August 2013

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Using Public Resources for Gifts and Charitable Purposes, continued from page 10

valid public purpose, but they must also demonstrate that the expenditure falls within the specifically enumerated powers of that particular type of district.

sources for personal or political purposes. Public resources include public money, of course. Public resources also include anything paid for with public money, including equipment, supplies, staff time and public agency facilities.

Another legal requirement to be aware of is the prohibition against using public re-

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Assistant City Manager City of Murrieta, CA Murrieta (pop. 105,832) is known for its outstanding quality of life characterized by an abundance of recreational activities, distinguished schools, excellent medical facilities and expanding employment opportunities. Located just north of San Diego County, the community is the fifth safest city in the nation in its population category (over 100,000). With an aggressive and global approach to economic development, Murrieta is well positioned to thrive for decades to come. This recruitment was initiated in preparation for the retirement of the current Assistant City Manager in early 2014. The ideal candidate will be a generalist in municipal government. A sophisticated understanding of core city functions will be expected. Candidates’ breadth of knowledge and experience will be carefully evaluated. Ideal candidates will be highly engaged managers with exceptional interpersonal skills. A proven track record of enhancing the success of peers along with developing and growing subordinates will be expected. A Bachelor’s degree is required. Salary will be DOQE and is supplemented by a competitive benefits package. This recruitment will close at midnight Sunday, August 25, 2013. Visit our website for detailed brochure and to apply online – www.tbcrecruiting.com. Teri Black-Brann • 310.377.2612 Carolyn Seeley • 949.487.7606

Use of Public Resources in General A wise public servant makes sure that any use of public agency money, supplies, facilities, equipment or staff time occurs in accordance with the agency’s adopted policies, including requirements related to disposing of surplus agency property. Such policies can include findings on the benefits of the allowed uses of public resources (for example, the benefits of being a member of certain civic organizations or picking up the tab at meals if that is the best way to get time with certain individuals to discuss agency business).

Charitable Donations The prohibition against gifts of public funds has implications for charitable giving by public agencies. As stingy as it may

Some agencies

prohibit

groups from engaging in

charitable fundraising during governing body meetings.

www.bobmurrayassoc.com

Watch for these Upcoming Opportunities: • City of Chandler, AZ: Police Chief • City of Chino Hills, CA: City Manager • San Bernardino International Airport, CA: Director of Finance • City of Lincoln, CA: Finance & Administrative Services Director • Monterey County Water Resources Agency, CA: Associate Engineer • San Francisco International Airport, CA: Human Resources Director • City of Commerce, CA: Public Works and Development Services Director • City of Oakland, CA: Human Resources Director

For more information and filing deadlines, please contact: Bob Murray and Associates, 1677 Eureka Road, Suite 202, Roseville, CA 95661 Phone: (916) 784-9080, Fax: (916) 784-1985, E-mail: apply@bobmurrayassoc.com

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www.cacities.org

seem, a public official should not assume it is appropriate for public agencies to contribute to charitable organizations. When might public agency support for charitable organizations be appropriate? These examples illustrate some circumstances: 1. When the charity provides a service that complements or enhances a service that the public agency also provides;

the contribution as creating benefits to the jurisdiction’s residents. Some agencies cite promoting a culture of mutual aid and reciprocation as the anticipated benefit.

Staff time

is also a public resource.

continued

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2. When there is an identifiable secondary benefit to the public agency; or 3. When the charity provides a service the public agency could provide but chooses not to. It is a good practice to include findings in the minutes about the benefits to the agency associated with providing resources to a charity. (See table on page 31 for example analyses.) As always, concluding that an expenditure may be legal is only the first step of the analysis — just because something is “legal” does not mean that it is the best use of resources in light of all competing demands on the agency’s treasury. Making donations to charitable causes that are far away from the jurisdiction (for example, to help the victims of a hurricane in a distant state) also presents special challenges. Because of the distance, it can be more difficult to justify

Court Director of Information Technology Superior Court of California, County of San Mateo The Superior Court of California, County of San Mateo holds jurisdiction over one of the most physically attractive and culturally diverse counties in the state of California. The person selected will serve as an active and collaborative member of the Court’s Executive Team, whose purpose is to effectively execute the vision, mission and goals of the Court. The ideal candidate will have significant IT management experience in both business systems and network infrastructure disciplines, will be skilled in strategic planning and project management, and will be a strong, visionary leader always looking for the next new program to maximize efficiencies. Bachelor’s Degree in Information Sciences, Business or Public Administration or related field required, Master’s degree and Court experience preferred. Salary range is $109,824 to $136,864 DOQE with excellent 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 August 26, 2013.

ASSISTANT CITY MANAGER Seek Professional Advice Although the Institute for Local Government endeavors to help local officials understand laws that apply to public service, its informational materials are not legal advice. In addition, attorneys can and do disagree on the best interpretation of the complex rules related to public service ethics. Officials are encouraged to consult an attorney or the Fair Political Practices Commission for advice on specific situations.

www.westerncity.com

City of Santa Clara, California The City of Santa Clara located in the heart of California’s Silicon Valley, population 118,000. The City provides a full range of public services including an electric utility. Position Requirements: BA in public administration or related field w/five years progressively responsible managerial experience; Master’s Degree preferred. The ideal candidate will be a seasoned administrator with extensive intergovernmental relations experience. Critical skills include: strategic planning, project coordination/management & economic development. Seeking a professional leader that works collaboratively w/departments on multi-level departmental projects, who is personable and has a reputation of strong ethics and integrity. Deadline for applications: August 30, 2013. Information available at www.santaclaraca.gov or call Human Resources at (408)615-2080. Please send a letter of interest, resume and salary history to the City of Santa Clara, Human Resources Department, 1500 Warburton Ave., Santa Clara, CA 95050.

Monthly Salary Range: Control Point 85% to 100% to 110% $15,924 -$18,734-$20,607

CalPERS Pension: 2.7% @ 55 for Classic Employees 2% @ 62 for new CalPERS Members.

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Director of Public Works The City of Downey (population 113,000) is located in southeast Los Angeles County. The City has an adopted FY 2013-14 Budget of $140.3M that includes 378 full-time positions and $67.4M earmarked for the General Fund.

Downey City of

CALIFORNIA

The Public Works Department consists of 4 divisions: Administration, Engineering, Maintenance Services, and Utilities. The department’s budget includes $25.3M operating, $38.8M in capital improvement projects, and a workforce of 72 full-time positions. Graduation from an accredited college or university with a Bachelor’s degree in Civil Engineering is required. Master’s degree desired. Certificate of Registration as a Civil Engineer (PE) issued by the State of California is required. Eight years of professional and managerial experience involving public works construction, administration, and project management work within local government is required. Working knowledge of water system infrastructure and regional water issues is helpful. Current salary range is $146,147 - $178,300 annually plus a competitive benefits package. A job announcement is available at www.downeyca.org/gov/hr/jobs.asp. Apply online by 9/16/13. EOE

Fire Chief

CITY OF HOLLISTER, CALIFORNIA (Salary: $8,422 - $10,237/month plus Outstanding Benefits)

HOLLISTER is located in San Benito County southeast of San Jose just fifteen minutes south of Highway [101] along Route [156]. With a population presently at 37,000, Hollister maintains a rich agricultural and ranching heritage in a strong community and business-friendly environment. THE IDEAL CANDIDATE possesses highly-developed technical, presentation, communication and interpersonal skills with the necessary in-depth knowledge and experience required to successfully manage and direct the operations of the City’s Fire Department as part of the City’s Management Team. EXPERIENCE & QUALIFICATIONS include a minimum of seven years of increasingly responsible experience in an organized Fire Department that include at least three years of administrative and command-level supervisory responsibilities. Any combination of the equivalent experience and training demonstrating the required skills, knowledge, and abilities may be substituted for consideration. Educational requirements include the equivalent to a Bachelor’s Degree from an accredited College or University with major course work in Fire Science, Public Administration or a related field. INTERESTED APPLICANTS can apply directly by October 4th, 2013 by 5:00 pm. Applications are available from the City’s Human Resources Office (375 Fifth Street, Hollister, CA, 95023, [831] 636-4308) or electronically at www.hollister.ca.gov.

The key question for any use of

public money is whether it is the best use.

Individual decisions (for example, by elected officials or staff ) to use public money to support a particular charitable or civic organization can also be subject to question. The least risky approach is to have the agency’s governing body make such a decision so the requisite findings on the benefit to the agency and the community it serves can be made. Such a process can also be more transparent in terms of giving public notice that such support is under consideration, and it provides an opportunity for the community to weigh in on the wisdom of using public resources for such purposes. This type of approach also reduces the possible perception that decisions are made to curry political favor. Of course, just because something is allowed under legal standards doesn’t mean that it is the best use of scarce public resources. This is where the “front page test” is a good guide — particularly with the understanding that bloggers and members of the media usually put

Acknowledgments The Institute for Local Government (ILG) thanks attorney John Bakker, with the law firm of Meyers Nave, for providing peer review of this “Everyday Ethics” column. In addition, ILG gratefully acknowledges the generous financial support of Meyers Nave for production of the “Everyday Ethics” column.

The City of Hollister is an Equal Opportunity and Affirmative Action Employer.

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League of California Cities

www.cacities.org

If the agency has a housing element goal to reduce homelessness, then supporting a homeless shelter and its associated placement programs would be an acceptable charitable use of agency funds that benefits the community.

themselves in the role of questioning public agency actions. The key question for any use of public money is whether it is the best use. This is particularly so when an agency is finding it necessary to discontinue programs and services valued by the public and that perhaps are more central to the agency’s mission.

Fundraising on Agency Time Staff time is also a public resource. Accordingly, it can be wise for local agencies to have policies governing under what circumstances staff may fundraise for charitable purposes while at work. Such policies can minimize criticism and legal questions related to whether employees are using public agency time and other resources for personal purposes (in other words, using their time on the job to raise funds for their personal causes). These types of policies can also avoid tension between employees who fundraise and those who are the objects of those fundraising solicitations. The latter may feel their relationships with colleagues will be damaged if they don’t open their wallets. Fundraising ethics suggests that no one should ever be pressured to give (for example, supervisors should avoid

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The Town of Los Gatos, population 30,000, nestled along the southwestern edge of the Santa Clara Valley at the base of the Santa Cruz Mountains is seeking a collaborative and innovative professional to serve as the Town Attorney. Los Gatos is a small, sophisticated community with high expectations for quality municipal services and a tradition of civic engagement. The successful candidate will have the ability to quickly understand and embrace the values of the Town. He or she must be skilled at developing and TOWN maintaining positive relationships with Town ATTORNEY staff, community members and the astute and engaged Town Council. A broadly experienced attorney familiar with all aspects of municipal law and a keen interest and understanding of land use matters in particular will be the preferred candidate. The annual salary for this position is open and negotiable depending on qualifications.

William Avery & Associates Management Consultants 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

To be considered for this position, submit a cover letter, resume and five work related references (email preferred) to Avery Associates by August 30, 2013. For further information contact Bill Avery at 408.399.4424 or Ann Slate at 805.459.5132. A formal job announcement is available on our website at http://www.averyassoc.net/jobs.

As we enter our 10th year of business, we want to say thank you to the many clients that we have had the pleasure to serve.

Public dollars are a

example of “other people’s money.”

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continued

quintessential

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Bobbi Peckham & Phil McKenney

(866) 912-1919 www.peckhamandmckenney.com

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Deputy Air Pollution Control Officer, Bay Area Air Quality Management District The Bay Area Air Quality Management District (BAAQMD) seeks a Deputy Air Pollution Control Officer to serve under the direction of the Executive Officer/Air Pollution Control Officer. The Deputy Pollution Control Officer will oversee Air District program and technology innovations by managing and driving changes in the way of Air District conditions its business processes. Specifically, the Deputy Air Pollution Control Officer will manage the project of moving permitting and enforcement activities to an online environment and in the building and implementation of an automatic-permitting system. The District seeks an individual with exceptional managerial, leadership, and communication skills. The selected candidate should have a “Big Picture” perspective and critical thinking skills. The selected candidate must have the ability to provide leadership and guide their staff to understanding an evolving regulatory environment while adjusting priorities to changing demands. Resilience, flexibility, creativity and innovation are desired assets for this position. A Bachelor’s degree in engineering, environmental science or a closely related field is preferred. A Master’s degree in business administration, business management, public administration, or a closely related field is highly desired. The salary range for the position is $156,732 to $190,508. The District also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date September 6, 2013.

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

TOWN OF LOS GATOS DIRECTOR OF PARKS AND PUBLIC WORKS The Town of Los Gatos is seeking a dynamic and hands-on Director of Parks and Public Works. The PPW Director has responsibility for the Town’s parks system, urban forest, facilities, streets and signals, vehicle maintenance and environmental compliance. In addition, the PPW Director oversees Engineering Services and the Town’s Capital Improvement Program (CIP). The department includes 31.5 FTE’s and 4 FTE’s in seasonal/supplemental hours, with an annual operating budget of $5.9M and $24.4M in identified projects for the five-year CIP plan. The department supports a number of advisory commissions, including Parks, Transportation and Parking, and Bicycle Advisory commissions.

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soliciting those they supervise because of the power differential) and that such efforts should not occur during working hours. Fundraising solicitations to those outside the agency present other issues. Those who do business with the agency (or want to do business with the agency) may feel pressured to contribute to maintain positive relations. These solicitations also can look like “pay to play” to the public and media. Solicitations for fundraisers connected with religious organizations can present issues around the separation of church and state. Using public resources to support such fundraisers can subject an agency to criticism that it is endorsing a particular religion. Finally, if such fundraising is allowed under specified circumstances, safeguards and controls must be in place to ensure that any funds raised through such efforts go to the cause identified in the solicitation. In a similar vein, some agencies prohibit groups from engaging in charitable fundraising during governing body meetings. Groups are allowed to speak during public comments at the meetings, but are not allowed to sell goods or collect donations in the meeting chambers.

Public-sector norms

can differ significantly from those in the private sector.

With historic architecture, a walkable downtown and highly-rated schools, the Town of Los Gatos is recognized as one of the most desirable communities in the Bay Area.

Looking for Footnotes?

The salary range for this position is up to $160K, based upon qualifications. To be considered for the position, submit a cover letter, resume and five work-related references via email to HR@losgatosca.gov by August 30, 2013. For further information you may contact HR Director Rumi Portillo at rportillo@losgatosca.gov or (408) 354-6829.

A fully footnoted version of this article is available online at www.westerncity.com.

League of California Cities

www.cacities.org

Examples of Ways to Document Benefits Associated With Charitable Support Relationship to Public Agency Programs

Example

1. Complementary service

Nature of Benefit(s)

Donation to the Tree Foundation in return for agreement to replace street trees that agency removes because of disease or old age

Tree Foundation has specialized knowledge about trees suitable for area. Tree Foundation shares goal of populating area with more trees, thereby saving energy and enhancing property values for residents. Other grants received by the Tree Foundation mean the agency and those it serves save money on replacing trees.

2. Demonstrable benefit

Boys and Girls Clubs’ after-school programs

Such programs reduce the need for law enforcement activities in the area. Programs promote public safety and law-abiding youth in a positive, costeffective manner.

3. Service the agency could provide but does not

Homeless shelter and associated placement programs

Such programs help end the cycle of homelessness. Reducing homelessness is one of the agency’s housing element goals.

Conclusion

officials and new employees provide one opportunity to sensitize public officials and staff to this issue and acquaint them with relevant agency policies on what is and is not allowed. Emphasizing the special stewardship the agency has over public resources as part of internal communications and the overall agency culture is another helpful strategy. ■

Missteps, criticism and embarrassment can be minimized when everyone participating in a public agency’s process of allocating resources and making spending decisions is sensitive to the reality that every public dollar is the community’s money. Orientations of newly elected

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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

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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

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More Resources Online For links to additional related information, read the online version of this article at www. westerncity.com.

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Peckham&McKenney “It’s all about fit” www.peckhamandmckenney.com Sacramento, CA

866.912.1919

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Western City August 2013