Western City August Issue

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AUGUST 2014 |

The Monthly Magazine of the League of California Cities速

annual Conference & Expo preview p.14 Local Streets & Roads Awards p.23 Sober Living Businesses in Residential Zones p.19

www.westerncity.com


CalTRUST Board of Trustees • Chuck Lomeli, President Solano County • Glenn Duncan, Vice President City of Chino • Dave Ciapponi, Secretary Westlands Water District • Dan McAllister, Treasurer San Diego County • John Colville City of Sacramento • Rod Dole Public Member • Don Kent Riverside County • Geoffrey Kiehl City of Palm Springs • Brian Mayhew Bay Area Toll Authority • Rusty Watts Contra Costa County

Your Pooled Public Agency Investment Solution CalTRUST is an innovative partnership… The CSAC Finance Corporation and the League of California Cities created CalTRUST to provide a convenient method for local agencies to pool their assets for investment. Recently enacted legislation authorizes local agencies to directly invest in joint investment pools, such as CalTRUST. There is no requirement that a local agency become a JPA member.

CalTRUST makes participation easy… Local agencies can invest with CalTRUST directly, without the need for a city council or board resolution to join the JPA. Any California local agency may participate in CalTRUST. Interested agencies should thoroughly review the Information Statement, which provides detailed information about the program prior to investing. All CalTRUST documents are available online, at www.caltrust.org, or from any CalTRUST representative.

• Mary Zeeb Monterey County CalTRUST is easy to contact… For participation documents, additional information, or questions about the CalTRUST program: • Visit us online at www.caltrust.org Or contact: • Lyle Defenbaugh Wells Capital Management 916.441.6200 • Laura Labanieh Campbell CSAC Finance Corporation 916.650.8186 • Norman Coppinger League of California Cities 916.658.8277 • Neil McCormick California Special Districts Assoc. 916.442.7887

CalTRUST is governed by local treasurers and investment officers… As a joint powers authority, CalTRUST is governed by a Board of Trustees made up of local treasurers and investment officers. The Board of Trustees sets overall policy for CalTRUST, and selects and supervises the activities of the Investment Manager and other agents. The CSAC Finance Corporation serves as the Administrator for CalTRUST and Wells Capital Management serves as the Investment Advisor for the Program.

CalTRUST offers account options… Local agencies have three account options – Money Market, Short-Term, or Medium-Term accounts. Local agencies can select an account option which matches their investment time horizon and cash flow needs and easily reallocate among accounts as those needs change. Each of the accounts seek to attain as high a level of current income as is consistent with the preservation of principal by investing only in high quality, fixed-income securities. All CalTRUST accounts comply with the limits and restrictions placed on local investments by California statutes; no leverage is permitted in any of the CalTRUST accounts.


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CONTENTS 2 Calendar of League Events 3 President’s Message

Preview 14

How Your Participation In the League Can Help Your City — and You

L eague of California Cities 2014 Annual Conference & Expo, L os Angeles Convention Center, Sept. 3–5

By José Cisneros

By Anna Swanson

Becoming involved in the League provides many benefits not only for cities and elected local officials, but also for staff and department heads.

ake a look at the many professional T development and networking opportunities in store at the 2014 Annual Conference & Expo.

8 City Forum

Expo Exhibitors 16

New Tool Shares Candidates’ Positions On Issues Important To Cities An online questionnaire helps officials and communities learn about candidates’ views on local control and other issues of importance to cities statewide.

9 Everyday Ethics for Local Officials

When Tragedy Strikes: A Leader’s Role, Revisited When a tragic event occurs and an investigation follows, it’s helpful for elected local officials to keep a few crucial issues in mind.

Sober Living Businesses In Residential Zones

By Christi Hogin

his article presents the current T legal constraints and considerations related to local regulation of sober living homes and residential alcohol and drug rehabilitation facilities.

Outstanding Local 23

Streets and Roads Project Awards Highlight Exceptional Efforts

aunched in 2014, the awards L highlight cities and counties using innovative projects to achieve safety, preservation and sustainability goals for the local street and road systems.

Award for Excellence

he city partnered with residents T to find creative ways to address tough challenges.

Saving with U.S. Communities is fast, easy and free.

Legal Notes 19

California Cities Helen Putnam 11

Santa Clarita Uses Community Approach to Strengthen Neighborhood

Piece of cake

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Job Opportunities

SAVINGS EFFICIENCY VALUE In just two minutes, register and become one of the 55,000 agencies already saving. With U.S. Communities, you can have your cake and eat it too.

League of California Cities Annual Conference & Expo Grand Prize WIN $3,000 TO BE USED ON ANY CONTRACT THROUGH U.S. COMMUNITIES Visit Expo Booth 622

Professional Services 35 Directory

over Photo: League of California C Cities 2013 Annual Conference & Expo by Jeremy Sykes

www.uscommunities.org


President José Cisneros Treasurer San Francisco

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

Second Vice President Katherine Miller Council Member Stockton

Immediate Past President Bill Bogaard Mayor Pasadena

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

SEPTEMBER 3

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

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

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

Administrative Assistant (916) 658-8223 email: adminwc@cacities.org Contributors Michael Egan Dalea Fong Rebecca Inman Koreen Kelleher Meghan McKelvey Lorraine Okabe Bismarck Obando Patrick Whitnell

3–5

League of California Cities 2014 Annual Conference & Expo, Los Angeles Convention Center 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

December 3– 4

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

Design Taber Creative Group Advertising Design ImagePoint Design

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For photo credits, see page 28. 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. ©2014 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume XC, No. 8.

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

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

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First Vice President Tony Ferrara Mayor Arroyo Grande

League of California Cities

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


President’s Message by José Cisneros

How Your Participation in the League Can Help Your City — and You If you aren’t currently taking advantage of the many opportunities that the League offers — professional development, legislative and legal advocacy, networking and more — I urge you to consider getting involved. Thousands of your colleagues statewide are enjoying the benefits of active participation in the League. You may already be familiar with the wide range of services that are available through the League. These services are described in detail in the League brochure, available online at www.cacities. org/LeagueBrochure.

It’s always helpful to hear from our colleagues, too. Here are some thoughts and comments from other League board members about how their participation has given them — and their cities — an advantage.

Access Programs Your City Can Replicate “I have served on several policy committees and the board of directors for the League,” says Greg Pettis, a city council member for Cathedral City (pop. 52,337).

“It’s fascinating to meet so many other elected officials from throughout the state and learn what they’re doing to make their communities better places. Through League seminars and panel discussions, I’ve learned about the great work being done in municipalities today and I’ve been able to bring these programs back to my city. We have replicated some of these programs in the areas of finance, technology innovations and green events and activities. continued

In my experience as an elected official for the City of San Francisco (pop. 825,111), one of the top benefits of being active in the League is access to my division’s regional public affairs manager, who provides invaluable information about proposed state legislation, issues that impact cities in my region and much more. Your regional public affairs manager is an excellent resource for your city. And you can easily find him or her at www.cacities.org/yourmanager, which includes a League division map and contact information for each manager.

League conferences, meetings and events offer plentiful opportunities to benefit from colleagues’ experience on city issues of common concern.

www.westerncity.com

Western City, August 2014

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How Your Participation in the League Can Help Your City — and You, continued

“The city has spun off other programs — like literacy efforts, diversity outreach and healthy eating — to local nonprofit organizations. “Participation in the League was critical to reaping all of these benefits,” says Pettis. “The value to Cathedral City is immeasurable.”

Avoid Reinventing the Wheel and Save Money “I’m a council member in a small city (pop. 13,589) with a limited staff and budget. Typically we don’t get too involved in statewide issues,” says Jim Goodhart, a council member for Palos Verdes Estates. “However, our participation

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in the League’s Los Angeles Division gives us eyes and ears for what’s going on around us at the legislative and policy levels. From my experience serving on a League policy committee and in the Mayors and Council Members’ Department, I know that smaller cities like mine can benefit from the League because we rely on each other and don’t have to reinvent the wheel on key policy issues.” Goodhart adds, “Regional issues such as stormwater management are becoming more common, so we are able to partner with other cities through the League, which saves money and resources.”

Gain Credibility and Strength in Numbers “After almost 16 years as an elected official in an isolated community, I can’t think of anything I could have done to provide more value to my community than being part of the League,” says Chip Holloway, mayor pro tem of Ridgecrest (pop. 28,348). “The ability to gain strength in numbers and work as part of a united front on major issues has given my community a level of credibility we couldn’t achieve alone. The networking and access to other experienced elected

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officials as well as city staff has allowed me to entertain new ideas that have benefited my constituents and helped my city avoid many pitfalls. I was initially reluctant to participate in the League because my city is geographically remote, and it takes effort. But it was one of the best moves I’ve ever made as an elected official.”

“Hearing about regional trends can provide a helpful and valuable forewarning about what will likely be happening soon in your community.” — Bruce Channing, city manager, Laguna Hills

It’s Not Just for Mayors And Council Members “The League offers much to learn that we can take back to our community: information about current issues and legislation affecting our cities, which we need to fight or support. And it’s not just for policy-makers — it’s for people from all city professions,” says Karen Avilla, treasurer for the City of Carson (pop. 92,196). “As a city treasurer, I served on the League’s Revenue and Taxation Policy Committee for several years. When you work on a policy committee, you learn which staff at the League and the Legislature can help you with a specific issue. The policy committees provide many ways to put your expertise to work and learn important things to take back to your city.” continued

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How Your Participation in the League Can Help Your City — and You, continued

Avilla agrees that networking with other League members helps avoid reinventing the wheel when a city is confronting a challenge or an opportunity. “The League offers many things — training, professional development, advocacy, assistance with temporarily filling open positions — and points you in the right direction when you seek information,” she says. “Another advantage is the chance to network with legislators who may be instrumental in legislation that impacts your city.”

Legislative Committee of the City Clerks Association of California (CCAC),” says Randi Johl-Olson, who holds a law degree and is city clerk for Temecula (pop. 104,879). “Nancy believed my legal background and personality would allow me to work well with the League, legislators and staff on important issues affecting the city clerk’s profession and my city in general. She promised me that once I got involved, I would be hooked and never look back. She was right.

The League’s diversity groups provide an additional way to participate in the organization, as Avilla has discovered. “I’m involved with the League’s Latino Caucus, where I have found a group of city officials and staff with whom I share many common interests,” Avilla says. Other League diversity groups include the African-American Caucus; the AsianPacific Islander Caucus; the Gay, Lesbian, Bisexual and Transgender Local Officials Caucus; and the Women’s Caucus.

“Over the past decade I’ve had the opportunity to write legislation, testify in hearings, speak and train at sessions and collaborate with key legislative and League staff members. We’ve worked on laws affecting elections, public records, open meetings, transparent government and more,” says Johl-Olson. “My city and my profession have a direct seat at the municipal governance table through my service with the League and CCAC.”

Protect Local Control And Local Tax Dollars “My constituents and my city are my primary concerns as an elected local official,” says Scott Nelson, mayor of Placentia (pop. 51,776). “The League offers a great opportunity to become involved in an organization that has the ability to advocate for — and set — policy that benefits local control, and that’s exactly what our constituents expect of us.

Improve Your Skills, Help Your Community “I’m a more well-rounded planning commissioner as a result of my experiences with the League. I’ve served on the League board of directors for six years, and prior to that I was active in the League’s Planning and Community Development Department,” says Bob Combs, planning commissioner for the City of Danville (pop. 42,720). “Through my involvement I’ve met a

great many people from throughout the state, both elected and non-elected city officials, who have shared their insights and experience on a broad range of local issues and concerns. I bring this information back to my community, where we put it to practical use. “The educational process related to committee participation offers another benefit,” says Combs. “Because we learn about legislation, we can go back to our cities and explain to others its local impact and what we can do about it.”

Learn From Others And Get a Heads-Up On Regional Trends “I’m a big believer in learning from the experiences of others,” says Bruce Channing, city manager of Laguna Hills (pop. 30,703). “Participating in the League has helped my city and me in many ways. As a professional in my field, the League’s educational opportunities are tremendous, and being involved in a policy committee and on the League board of directors provides many benefits to a city of our size. Working with peers and local leaders from throughout the state allows us to understand the challenges that other cities are dealing with, how they’ve succeeded in addressing them and how we can apply their success in our city. There is no problem so unique that other communities haven’t already experienced it in some form.

“Perhaps even more important is the League’s ability to accomplish things such as putting statewide initiatives on the ballot,” says Nelson. “The League focuses on issues that affect all cities statewide. With over 400 member cities, its strength in numbers plays a vital part in the League’s capacity to protect local control and local tax dollars.”

Give Your City a Voice And a Seat at the Table “A decade ago one of my mentors (retired City Clerk Nancy Dillon from Thousand Oaks) called and asked me to get involved with the League and serve on the Administrative Services Committee and the

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League of California Cities

Some of the most helpful exchanges of information among city officials can occur between sessions at the League’s annual conference. www.cacities.org


“Serving on a committee — whether it’s a policy committee or a leadership committee in a League division or professional department — provides exposure to a variety of issues,” says Channing. “The conversations that take place in and around the committee meetings can be of great help to our cities and to us as professionals. For example, things often happen in our region before they occur in our city. Hearing about regional trends can provide a helpful and valuable forewarning about what will likely be happening soon in your community.”

Acknowledgments And Thanks

Come Join Us The League has much to offer you and your city, and your participation can benefit your community and others statewide. If you haven’t yet registered for the League of California Cities 2014 Annual Conference & Expo, don’t miss this opportunity to take advantage of the year’s premier educational and networking event (find more information online at www.cacities.org/AC). We look forward to welcoming you and learning more about what’s happening in your city. ■

“Smaller cities benefit from the League because we rely on each other and don’t have to reinvent the wheel on key policy issues.” — Jim Goodhart, council member, Palos Verdes Estates

This is my final Western City column as League president for 2013–14. My sincere thanks to my fellow city officials who have served with me on the League board of directors and its Executive Committee. I am also extremely grateful to League Executive Director Chris McKenzie and the League staff. Their professionalism and geniality are invaluable, and they made my work as president easier. And special thanks to my own staff, without whose support I could not have undertaken the challenge of serving as League president. In closing, I offer kudos to the thousands of city officials and staff whose involvement and participation make the League strong and help improve the quality of life for all Californians.

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New Tool Shares Candidates’ Positions on

Issues Important to Cities In 2014 the California Legislature will see the largest increase in new legislators in many years.
To give city officials tools to better understand legislative candidates’ stances on issues important to cities, the League distributed questionnaires to legislative candidates in March 2014.

The intent of this resource is not only to aid city officials in making endorsements in this election cycle but also to hold legislators accountable post-election. As Western City went to press, approximately 55 candidates had responded to the questionnaire.

The questionnaire is designed to provide insights into each candidate’s views on issues that are important to city functions, growth and vital services to residents. Topics of interest to local governments statewide are addressed in the questionnaire and include:

To view the candidates’ responses, visit www.cacities.org/ CandidateViewpoints. ■

• Economic development; • Local control; • The state-local fiscal relationship; • Infrastructure; • Realignment; and • Medical marijuana.

If you liked:

You may also enjoy “Can Art and Emotion Inspire Effective Leadership?” (bit.ly/LeaderEmo)

and “How the Arts and Cultural Tourism Spur Economic Development” (bit.ly/ArtEconDev)

“Inspiring the Creative Economy: How Cities Increase Economic Activity Through Innovation and the Arts” (bit.ly/EconArt1)

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League of California Cities

Find more thought-provoking articles at www.WesternCity.com www.cacities.org


Everyday Ethics for Local Officials

When Tragedy Strikes:

A Leader’s Role, Revisited Question The article “A Leader’s Role When Tragedy Strikes” (April 2010, Western City, available at www.westerncity.com) underscored the importance of prompt communication when something terrible occurs in a community. Recently something terrible happened in our community. The public is demanding answers and information, expressing a strong desire that those responsible be held

accountable. Our local agency staff is investigating what happened and whether any wrongdoing has occurred. The media are pressuring elected officials to speak out and take a stand. Staff is cautioning us as elected officials to be circumspect about what we say before the investigation is finished. Is that ever the right approach?

“Anyone can steer the ship when the sea is calm.” — Publilius Syrus (Roman author, 1st century B.C.)

Answer Although transparency and communication are key elements of promoting public trust and confidence, sometimes discretion — as it relates to divulging incomplete or misleading information — is the right approach. A values-based approach provides a useful framework for analyzing the situation.

Leaders can look to a number of universal ethical values in analyzing what the right thing to do is in any given situation. These values include compassion, loyalty, responsibility, trustworthiness, fairness and respect. As in many ethical dilemmas, positive values may compete, complicating the analysis.

As discussed in “A Leader’s Role When Tragedy Strikes,” it is helpful and extremely important to promptly acknowledge and express compassion and empathy for families who have suffered a tragedy. Acknowledging the community’s loss and people’s sense of fear or anger is also consistent with this value. continued

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.

www.westerncity.com

Western City, August 2014

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When Tragedy Strikes: A Leader’s Role, Revisited, continued

Investigative Twists and Turns: From Hero to Suspect, But Not Quite Back Again The Richard Jewell story illustrates the hazards of rushing to judgment and the injustice and damage it can cause. Jewell was the security guard who found the bomb that detonated during the Olympics in Atlanta, Georgia, on July 27, 1996. In the first few days after the bombing, Jewell was hailed as a hero. He had recognized the pack containing the bomb as suspicious, quickly alerted the police and helped evacuate the area around the bomb. Public sentiment toward Jewell shifted dramatically when a law enforcement source reportedly leaked information to a local newspaper that Jewell was a suspect in the FBI’s investigation. Jewell was subjected to intense, unflattering and hurtful media attention, including speculation that he was an attention-seeker who planted the bomb to become a hero. Although the FBI was investigating Jewell, it had no actual evidence that he was indeed the bomber. After three months of media attention and investigation by the FBI, the

federal government announced that Jewell was no longer a suspect in the bombing. It was two more years before the FBI identified the actual culprit in the bombing, who was later convicted and sentenced. One print journalist, reflecting on the damage a mistaken accusation can do, observed: I interviewed Mr. Jewell about his treatment by the news media, which he said had jumped on him “like piranha on a bleeding cow.” He said then, as he did in subsequent interviews, that he knew he could never get his name back. What happened in Jewell’s situation has now entered the communication lexicon as “the Jewell syndrome.” The Jewell syndrome holds potential lessons for well-intentioned public officials. The source who leaked the information likely believed that the disclosure responded to the media’s and the public’s need to have information about the possible culprit of such a heinous act. But the unfairness of what happened to Richard Jewell as a result of attempting to meet that need underscores the potential cost of releasing incomplete or inaccurate information.

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Responsibility and Fairness Compassion and empathy are not the only values at stake in a situation. Often circumstances call for an investigation when something bad happens. The goals of an investigation are typically to evaluate whether any wrongdoing has occurred, hold wrongdoers accountable and analyze how to prevent a recurrence of the situation. To honor the values of fairness and responsibility one must allow those conducting the investigation time and space to do their work. An investigation can have twists and turns, with facts being revealed at one stage that point to one conclusion, while facts revealed subsequently may suggest a different conclusion. Divulging information before an investigation is complete can be inadvertently misleading or present an incomplete picture. It can also change the course of an investigation and hinder the investigators’ ability to determine the truth. This undermines the values of fairness and responsibility. continued on page 29


Santa Clarita Uses Community Approach to

Strengthen Neighborhood Public safety is a top priority in Santa Clarita (pop. 209,130), located 35 miles northwest of downtown Los Angeles. When the threat of gang violence and blight escalated in the low-income neighborhood and surrounding area known as Granada Villa, the city worked with residents and partner agencies to develop a collaborative, hands-on approach. The densely populated Granada Villa neighborhood encompasses a small mobile home park. Many residents are Hispanic families who speak minimal English and lack connection with local government and law enforcement. At one point, 36 percent of gang incidents reported in Santa Clarita occurred in this area. Faced with a difficult challenge due to limited resources and lack of funding,

the city used a collaborative approach to build community trust, enhance public safety, increase residents’ involvement in local government and bridge cultural divides. City staff worked with law enforcement and local agency representatives to help create a neighborhood committee whose goals were to strengthen relationships and reduce crime within the Granada Villa area.

Many Partners Join the Effort

As the committee identified new needs or issues, additional partners were invited to help and contribute to the cause. The Los Angeles County Service Center provided free snacks, the Book Project donated books for the reading program, Los Angeles County firefighters conducted fire-safety workshops and the Los Angeles County Sheriff’s Department hosted drug awareness presentations. The city’s Graffiti Task Force patrolled the neighborhood on a daily basis and quickly removed unwanted graffiti. The Sheriff ’s Department increased patrols, attended meetings to connect continued

The City of Santa Clarita won a 2013 Helen Putnam Award for Excellence for this project in the Enhancing Public Trust, Ethics and Community Involvement category. For more about the award program, visit www.helenputnam.org.

Offering healthy activities for children helps build a stronger community.

Western City, August 2014

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Santa Clarita Uses Community Approach to Strengthen Neighborhood, continued

with residents and formed a nuisance abatement team to help identify gang members in the area. Local businesses and agencies partnered with the city to offer stable, part-time jobs to some gang-affiliated teens, and others enrolled in a job skills program with the Catholic Archdiocese of Los Angeles.

Local nonprofit organizations also participated in this effort, including the Child and Family Center, Domestic Violence Center and Action Family Counseling, which provided drug and alcohol counseling. Volunteers were recruited to teach English as a Second Language, health and fitness classes and after-school programs with tutoring and reading assistance.

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Outreach Inspires Change The Granada Villa Neighborhood Committee and outreach program succeeded because it partnered with residents to cultivate trust and strengthen communication. As youth and families learned new skills and connected with the city, law enforcement and other agencies that provided plenty of support, neighborhood leaders began to emerge. Communication between residents and local agencies improved, and the neighborhood was transformed into a safer, stronger community. “This hands-on approach to teamwork helped establish a unified community within Granada Villa,” says Council Member and former Mayor Bob Kellar. “Santa Clarita will continue to provide resources and support to residents as well as encourage community engagement with city staff and partners.”

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Youth also enjoyed constructive social activities and events that fostered positive relationships in the neighborhood.

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The benefits of this approach reach beyond the mobile home park as residents from throughout the city volunteer their time, recruit others and attend programs. To date, over 130 families have benefited from the after-school program, and new volunteers continue to step forward. Teens who were offered part-time jobs have secured full-time positions with the

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The Granada Villa program succeeded because it partnered with residents to cultivate trust and strengthen communication. city, thanks to the experience they gained from the program. More than 100 people have participated in classes that help them improve communication with their children’s teachers and acquire betterpaying jobs as their ability to speak English improves. Additionally, youth found the help and motivation they needed to succeed in school, and the quality of life in the Granada Villa mobile home park greatly improved. Law enforcement has noted a decrease in gang-related crime and violence in the area. Deputies consequently spend less time and fewer resources responding to disturbances in the neighborhood and more time focusing on bigger issues in Santa Clarita. “A balance of prevention and intervention strategies is important for success in any community, and Santa Clarita’s outreach efforts to deter gang violence have proved effective,” says City Manager Ken Striplin. “Thanks to the strong alliance with multiple stakeholders and city staff, residents now have the courage to work together and take back their neighborhood from unwanted violence.” Contact: Hope Horner, community services administrator, City of Santa Clarita; phone: (661) 250-3718; email hhorner@ santa-clarita.com. ■

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Western City, August 2014

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PREview

EN E

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League of California Cities

2014 annual by Anna Swanson Join city officials from over 400 cities throughout the state at the League’s largest conference of the year. Meet with approximately 1,900 elected officials and staff, and choose from more than 45 break-out sessions and CityTalks designed to educate and inform. Look for sessions of special interest to city attorneys, firefighting leaders and human resources staff seeking a more personalized professional development experience. Newcomers to the conference may find it somewhat challenging to navigate the numerous learning opportunities available, so an orientation for first-time attendees (from 1:00 to 1:30 p.m. on Wednesday) provides guidance on how to get the most out of your conference experience, as well as helpful background on the League.

Wednesday, Sept. 3 This year’s conference begins Wednesday, Sept. 3 and offers attendees a unique experience with three different tours of Los Angeles. Choose to explore the historic Los Angeles River, “blast off ” with the

space shuttle Endeavour at the California Science Center or take a walking tour of the Los Angeles Emergency Operations Center. Space is limited, and preregistration is required for all tours, so be sure to secure your reservation when registering for the conference. Several pre-conference sessions are also being offered this year, including AB 1234 ethics training for those arriving prior to the Opening General Session, which commences at 3:00 p.m. The session includes the League’s annual report, announcement of the Helen Putnam Award for Excellence winners, presentation of the Past Presidents’ Lifetime Achievement Award, the Nominating Committee Report and a keynote address from Benjamin R. Barber. Barber believes that the future of global governance lies with cities, which is the thesis of his book If Mayors Ruled the World. At a time when nation-states are unable or unwilling to work together across borders to address shared challenges,

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

14

League of California Cities

www.cacities.org


Conference & Expo Los Angeles Convention Center, Sept. 3–5 mayors are collaborating and establishing networks with one another with increasing frequency. Learn more about how these urban partnerships have already made a profound impact on such pressing concerns as climate change and terrorism. After the Opening General Session, the evening’s festivities kick off with the grand opening of the Expo Hall held in conjunction with the Host City Reception, hosted by the City of Los Angeles from 5:00 to 7:00 p.m.

Thursday, Sept. 4 A full day of educational opportunities is planned for Thursday, including the General Session where speaker Michael Pritchard will discuss how collaboration, cooperation and connectivity form the building blocks of a thriving community and workforce. Using humor and anecdotes, Pritchard addresses overcoming burnout, fighting indifference and apathy, using humor in stressful situations and

ways to reinvigorate your dedication to public service. This year’s Expo extended hours make it easier to meet with the 225-plus companies that offer city governments a wide range of products and services designed to help communities improve local services and the quality of life for residents. Network with your colleagues during lunch, which will be served in the Expo Hall, and compare notes on what you’ve seen and learned. Thursday afternoon’s educational sessions examine topics such as enhancing neighborhoods, health-care reform, dealing with city debt and exploring sustainability solutions. The evening offers a plethora of networking opportunities at various receptions held by the League’s diversity caucuses, which include the African-American Caucus; Asian-Pacific Islander Caucus; Gay, Lesbian, Bisexual and Transgender Local Officials Caucus; Latino Caucus; and the Women’s Caucus.

Check with your regional public affairs manager for division event times, dates and applicable costs.

Friday, Sept. 5 The final day of the conference offers attendees professional development opportunities with over a dozen break-out sessions. The closing luncheon program includes the swearing in of the 2014 –15 League board of directors as well as the General Assembly, where city delegates vote on policy resolutions to be implemented in the coming year. Each city should designate at least one voting delegate to represent its position at the conference on issues under consideration at this meeting. Voting delegates must be registered for the conference to participate in the General Assembly. Watch for updates on the sessions and speakers at www.cacities.org/AC. ■

Western City, August 2014

15


Annual Conference Preview

Expo Exhibitors League Partners appear in purple.

Energy From Shale Energy Management Services Energy Upgrade California Environmental Systems Research Institute Evonik Cyro LLC EYE Lighting International

1800 Hoarders/Steri-Clean

California Fuel Cell Partnership

Federal Highway Administration

AAA Flag & Banner

California Housing Finance Authority

Fieldman, Rolapp & Associates Inc.

AECOM

California Joint Powers Insurance Authority

Fire Recovery USA

Access Products

California Nevada Cement Association

FirstSouthwest

Active Bidder

California Prison Industry Authority (CALPIA)

Forbo Flooring Systems

Advanced GeoEnvironmental Inc.

California Product Stewardship Council

Foundation Technology

Alliance Resource Consulting LLC

California State Board of Equalization

FUELMASTER/SYN-TECH SYSTEMS INC.

America In Bloom

California Statewide Communities Development Authority

GPS Insight

CalCERTS Inc.

GameTime

CalPERS

George Hills Company Inc.

CalRecycle

GeoStabilization International

CalTRUST

Good Energy LP

Careers In Government

GovDeals Inc.

Carl Warren & Company

Grainger

Champions Funding LLC

Graphic Solutions

Charles Abbott Associates

Great-West Financial

Chevron Energy Solutions

Griffin Structures Inc.

Citrus Pest & Disease Prevention Program City Clerks Association of California

HAI, Hirsch & Associates Inc., Landscape Architects

City of Rancho Cucamonga

HdL Companies

City Ventures

HEAL Cities Campaign

Clean City

HMC Architects

CleanStreet

HR Green Inc.

Climatec BTG

Heritage Bag Company

Clipper Creek Inc.

HydroPoint Data Systems

Colonial Life

I-Bank

Comcate Inc.

IE Regional Composting

Community Champions

ING

Credit Bureau Associates

ITEM Ltd.

Crown Castle International Inc.

IN GOD WE TRUST—AMERICA INC.

DEACERO

Integrated Media Systems

California Air Resources Board

DN Tanks

Intermountain

California Association of Code Enforcement Officers

Dapeer, Rosenblit & Litvak LLP Dart Container

International Municipal Signal Association Far West

California Building Officials

David Taussig & Associates Inc.

California Consulting LLC

Digital Ally Inc.

California Department of Motor Vehicles

Dudek

California Department of Veterans Affairs

Earth Systems

California Department of Water Resources

eCivis

California Department of Water Resources/ Drought

EcoCentre

American Fidelity Assurance Company American Geotechnical Inc. American Honda Motor Co. Inc. Amplified Public Sector AndersonPenna Partners Inc. Arborjet Asphalt Zipper Atkins Avery Associates BTI Appraisal Badger Meter Inc. Best Best & Krieger LLP

1,2

Best Friends Animal Society Blais & Associates Bob Murray & Associates Bolt Staffing Service BonTerra Consulting Borrego Solar Systems Inc. Burke, Williams & Sorensen LLP1,2 Burrtec Waste Industries Inc.2 CH2M HILL CMB Regional Centers CRW Systems Inc. CSG Consultants Inc.

enCode Plus

GST

International Parking Design International TreeScapes LLC Jamboree Housing Corporation Jefferies LLC Jere Melo Foundation JM Eagle Johnson Controls

1 – Institute for Local Government Partner, 2 – CitiPAC supporter. List current as of July 1, 2014. Visit us at www.cacities.org/2014expo.

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League of California Cities

www.cacities.org


Jones & Mayer

Matrix Consulting Group

PetData

Kaiser Permanente

MelRok LLC

Pioneer, A Navient Company

Kaizen InfoSource LLC

Meyers Nave

Kasdan Simonds Weber & Vaughan LLP

Mountain States Wholesale Nursery

Play Unplugged

Keenan & Associates

MuniServices

Point & Pay

Kosmont Companies & Auction.com

NBS

Precision Civil Engineering Inc.

LECET Southwest

NATIONAL CONSTRUCTION RENTALS

Presidio Graduate School

National League of Cities

Public Financial Management Group

National Life Group

Public Restroom Company

Laserfiche

Newport Pacific Capital Family of Companies

Q-Star Technology

Library Systems & Services

Nexus eWater

Liebert Cassidy Whitmore1

Northern California Carpenters Regional Council

RBF Consulting, a company of Michael Baker Corporation

2

LINC Housing LPA Inc.

Listen Technologies Corporation Live Earth Products Inc.

1,2

Omni-Means Ltd. OpenGov.com

Local Search Association

Piper Jaffray

Quad Knopf

RJM Design Group Inc. RKA Consulting Group RSG Inc.

LogicTree IT Solutions Inc.

OppSites

Los Angeles City Employees Association

Otto Environmental Systems North America PARS

Renne Sloan Holtzman Sakai LLP (Public Law Group)1,2

MCE Corporation

PERC Water

Renovate America

MNS Engineers Inc.

Pacific Gas and Electric Company2

Republic Services2

Mallory Safety and Supply

Paragon Partners Ltd.

Retail Strategies LLC

Ralph Andersen and Associates

continued

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Revenue • The HdL Companies’ nd misallocated revenue that others miss. We use our unmatched databases and innova�ve technology to nd new revenues from sales, use, property and business license taxes. Insight • The HdL Companies’ provide expert economic analysis giving you in‐depth budget forecasts, revenue trend insights and economic development opportuni�es. Efficiency • The HdL Companies’ help your community development and nance departments operate at peak effi‐ ciency by providing best of breed so�ware solu�ons for business tax and license, false alarm, permi�ng and code enforcement opera�ons.

Visit us at Booth 612 at the League Conference. 888.861.0220 I info@hdlcompanies.com I www.hdlcompanies.com

www.westerncity.com

Western City, August 2014

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Expo Exhibitors, continued

SSA Landscape Architects Inc.

Southern California Library Cooperative

U.S. Communities

STV

SouthTech Systems

U.S. Flood Control Corp

Saber

Spohn Ranch Skateparks

USA Properties Fund Inc.

Safeguard Properties

Sportsplex USA

Union Pacific Railroad

Salsbury Industries/Mailboxes.com

Springsted Incorporated

United Rentals

San Bernardino Associated Governments

Stanley Convergent Security Solutions Inc.

United Storm Water Inc.

Schneider Electric2

State Water Resources Control Board

University of La Verne

Security Lines US

Stifel

Vali Cooper & Associates Inc.

Sensus

SyTech Solutions

Valley Vista Services Inc.

SERVPRO

TAPCO

Vanir Construction Management Inc.

Severn Trent Services

TBWB Strategies

Visa

Siemens

TNT Fireworks

Vision Internet

SIGMAnet Inc.

The Citadel Group

Walker Parking Consultants/Engineers Inc.

SimTek Fence

The Energy Network

SmartCitiesPrevail.org

The Hybrid Shop

Water Replenishment District of Southern California

Smartcover by Hadronex

The United States Conference of Mayors

Sol Inc.

TOTER WASTEQUIP

Southern California Bronze Company

Transtech Engineers Inc.

Willdan

Southern California Edison

Tribal Alliance of Sovereign Indian Nations2

Xeripave ■

Southern California Gas Company

Wells Fargo West Coast Arborists Inc. World Centric

1 – Institute for Local Government Partner, 2 – CitiPAC supporter. List current as of July 1, 2014. Visit us at www.cacities.org/2014expo.

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partners with public and private entities, elected officials, community groups, and responsible contractors to build and maintain the infrastructure needs of communities throughout California while providing Californians a career in the construction industry.

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18

League of California Cities

www.cacities.org


About Legal Notes

Sober Living Businesses In Residential Zones

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.

by Christi Hogin

Current law limits local regulation of sober living homes and residential alcohol and drug rehabilitation (rehab) facilities. These uses have become lucrative businesses in many instances, and their operation in single-family neighborhoods is sometimes controversial. This article presents the current legal constraints and considerations for cities related to these homes and facilities. 1. Licensed residential rehab programs are subject to the same (and no more) local laws as single-family homes. Cities may regulate land uses to protect the character of residential neighborhoods. This authority is not unfettered. State and federal law can pre-empt local regulation. State licensing statutes expressly exempt certain residential rehab facilities from local zoning regulations. Alcohol and drug programs (ADPs) that provide 24-hour residential nonmedical services to adults who are recovering from alcohol and/or drug abuse must obtain a state license. If

a licensed ADP facility serves six or fewer patients, state law prohibits cities from regulating it any differently than a singlefamily home.

overconcentration of residential care facilities.” The state does not provide any notice to cities before a new ADP license is issued.

2. State law imposes fewer restrictions on licensed residential rehab programs than other licensed group homes. Statelicensed group homes are subject to different restrictions. The Community Care Facilities Act, from which alcohol and drug rehabs are exempt, imposes various restrictions that protect the character of residential neighborhoods. For example, under the act, licensed foster homes cannot be for-profit businesses. ADPs, however, may operate as for-profit enterprises in residential zones without business licenses because licenses generally are not required of other single-family uses.

Under the Community Care Facilities Act, “overconcentration” exists when two care facilities are located within 300 feet of one another. The statute provides for a balanced policy “to prevent overconcentration of residential care facilities that impair the integrity of residential neighborhoods.” The state “shall deny” a new group home license under the Community Care Facilities Act if approval would result in overconcentration. By contrast, the state’s policy for alcohol and drug rehab programs is that “each county and city shall permit and encourage the development of sufficient numbers and types of alcoholism or drug abuse recovery or treatment facilities as are commensurate with local need.”

Cities receive written notice of a proposed Community Care Facilities Act facility, and “any city or county may request denial of the license … on the basis of

continued on page 21

Christi Hogin is city attorney for Lomita, Malibu and Palos Verdes Estates. She serves as second vice president for the League’s City Attorneys’ Department and chaired the editorial committee for the League’s Municipal Law Handbook, 2014 edition. Hogin can be reached at CHogin@LocalGovLaw.com. www.westerncity.com

Western City, August 2014

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Sober Living Businesses in Residential Zones, continued

Social Model Facilities in Single-Family Residential Zones: A Quick Reference Guide

Sober Living Home

Legal authority

Limited to six or fewer residents?

Require a state license?

Pre-empted by statute from local regulations different than single-family residence?

Protected class under fair housing anti-discrimination laws?

Allowed in Single-Family zone?

Constitutional right to privacy: A “family” as defined by courts (where applicable);

NO

NO

NO

YES

YES (may be subject to local regulation if consistent with the Fair Housing Act)

Federal law defines recovering alcoholics/addicts as “disabled” and protects them from discrimination on that basis; and ADA requires “reasonable accommodation.” Alcoholism or Drug Abuse Recovery/Treatment Program (ADP)

Health & Safety Code §11834.01 Nonmedical, residential

YES

YES

YES

YES

YES

Community Care Act Residential Facility

Health & Safety Code §1500, Nonmedical, residential

YES

YES

YES

YES

YES

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League of California Cities

Innovative Solutions. Enduring Principles.

Interested in Learning More? September Webinar Will Cover This Topic in Greater Depth The League will present a webinar for city officials and staff from 10:00 to 11:30 a.m. on Sept. 17, 2014, that examines issues related to sober living homes. Learn more about this topic, and take advantage of this opportunity to have your questions answered by experts. To sign up, visit www.cacities.org/events.

www.keenan.com

www.cacities.org


Looking for Footnotes? For a fully footnoted version, read this article online at www.westerncity.com.

The attorney general has opined that the state “may not deny an application for licensure or suspend or revoke the license of a treatment facility because the particular community already has more than a sufficient number of treatment facilities to meet the local need.” With that conclusion, the attorney general determined the Legislature’s reference to consideration of “local need” in approving ADP treatment facility licenses did not establish a basis to limit their numbers in any neighborhood.

accommodate deviations from zoning laws to afford persons with disabilities equal opportunity to enjoy housing. For example, a city may define “boarding houses” as more than three leases in a single home and prohibit boarding houses in single-family zones. Sober living home residents, however, may seek

a waiver from enforcement as applied to them as reasonable accommodation to their disability that may benefit from a substance-free group living environment, allowing the ADA protection to exempt the sober living home from the “boarding house” prohibition. continued on page 33

3. Sober living homes do not require a license and are not limited to six or fewer residents. A sober living home provides a substance-free, mutually supportive living environment for adult recovering alcoholics and drug addicts. No services are provided but residents may engage in self-help programs individually or with others. The state licenses residential facilities that provide nonmedical treatment and detoxification services. Where no treatment is provided to residents, no license is required. The limitation to six patients is part of the state statute. Because the license statute does not apply, sober living homes are not limited to six residents per single-family home. Also because the statute does not apply, cities are not preempted by state law from regulating these uses. However, as noted below, other legal considerations apply. 4. Anti-discrimination laws and “reasonable accommodation” requirements limit categorical regulation of sober living homes. Federal and state fair housing laws protect people with disabilities from housing discrimination. Recovering alcoholics and drug addicts are disabled for purposes of anti-discrimination laws. When people in recovery live together in a “sober living” home, cities cannot discriminate on the basis of the disability, which means an ordinance cannot treat sober living homes differently than other similar uses in single-family residential zones. Recovering alcoholics and drug addicts are also protected under the federal Americans with Disabilities Act (ADA). The ADA requires cities to reasonably www.westerncity.com

Western City, August 2014

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After

Before

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League of California Cities

The City of Glendale made numerous improvements to Central Avenue, where the pavement was crumbling.

www.cacities.org


Outstanding Local Streets and Roads Project Awards

Highlight Exceptional Efforts Nearly every trip — whether by car, bus, bike or foot — begins and ends on a local street or road. The local system is critically important to the safety and mobility of the traveling public, emergency responders and law enforcement, and it also plays an essential role in the economy. The Outstanding Local Streets and Roads Project Awards program recognizes exceptional achievements made by California’s cities and counties to preserve and protect the public’s investment in the local street and road system. The League, the California State Association of Counties and the County Engineers Association of California (CEAC) sponsor the awards program. Launched in 2014, the awards highlight cities and counties using projects, programs, practices, innovative technologies and materials to achieve safety, preservation and sustainability goals for the local street and road systems. This article presents the 2014 winners, who received their awards at the League’s Public Works Officers’ Institute and CEAC Spring Conference.

Overall Winner: City of Glendale Project Name: Central Avenue and Adjacent Streets Improvement Project Central Avenue, a four-lane major arterial street with a continuous two-way center turn lane, runs through Glendale’s bustling downtown business district. Due to trenching from two previous underground projects, the pavement had deteriorated rapidly.

www.westerncity.com

Staff determined that cold central-plant recycling (CCPR) offered the best approach to rehabilitate the street. This method satisfied all the city’s objectives — using a quick construction method, reusing existing assets, reducing project-related greenhouse gas emissions and minimizing impacts to the downtown businesses and vehicular traffic. A stringent prequalification process ensured that the contractors bidding on the project had the necessary project management experience, adequate staffing and financial stability. Glendale included specific construction staging in the specifications with consideration given to public convenience and safety and also required a detailed traffic control plan prepared by a registered civil or traffic engineer. In addition, the city hired a materials testing consultant to verify material quality for the recycled and rubberized pavements at the asphalt plant and on-site. The project: • Widened Central Avenue by 2 to 4 feet to provide travel lanes; • Installed bike lanes; • Upgraded six traffic signals; • Installed 41 38-foot streetlight poles and 78 decorative streetlight poles equipped with photo cells and energy-efficient light fixtures; • Planted 183 new trees;

• Installed five new bus shelters; • Relocated water meters, utility vaults and storm drains; • Increased the size of a sewer main; and • Installed new underground electrical conduits. Using the CCPR approach yielded significant benefits. The project saved approximately $340,000. It diverted 10,900 tires from the landfill and used them to manufacture asphalt rubber hot mix. It also recycled approximately 3,596 tons of existing asphalt concrete, thus eliminating approximately 360 truck trips and reducing project-related greenhouse gas emissions. Construction started in January 2013 and finished in November 2013. “The City of Glendale works diligently to accommodate growth in jobs and housing while investing resources to minimize local and regional impacts on transportation infrastructure,” says Mayor Zareh Sinanyan. “Over the past two decades, the city has dedicated approximately $100 million to transportation and mobility improvement projects. The Central Avenue project is an example of what we are working toward.” Contact: Yvonne Guerra, analyst, City of Glendale Public Works Engineering; phone: (818) 548-3945; email: yguerra@ci.glendale.ca.us. continued

Western City, August 2014

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Outstanding Local Streets and Roads Project Awards Highlight Exceptional Efforts, continued

Butte County Project Name: Ord Ferry Road Full Depth Reclamation With Cement Ord Ferry Road is a rural major thoroughfare on the west side of Butte County that is mainly used for daily commute traffic and agricultural purposes. The pavement for this 3-mile section had extensive cracking and potholes. Butte County partnered with the California Pavement Preservation Center (CP2) at California State University, Chico, to explore innovative rehabilitation techniques. For Ord Ferry Road, county and CP2 staff decided on full depth reclamation with cement (FDR-C) and cold central-plant recycling (CCPR). The FDR-C construction technique recycles a portion of the existing pavement, including the base layer, with underlying subgrade incorporating cement and water to form a strong, uniform durable structure section. The CCPR construction technique milled a portion of the existing asphalt, stockpiled the millings, added a

recycling agent at the central plant and then placed the CCPR material as a cold asphalt intermediate layer. “Butte County saved 25 percent compared to conventional roadway reconstruction methods,” says Scott Hightower, engineering project coordinator for Butte County Public Works Department. The total construction cost was $1.69 million versus $2.2 million for a conventional reconstruction. These recycling techniques enabled Butte County to complete the project in a relatively short 45 working days, with fewer delays to local farmers moving harvested crops out of the fields and shorter interruptions for commuter traffic. The process also reduced the number of truck trips on Butte County roadways as well as greenhouse gas emissions for importing and exporting raw materials to the construction site. Contact: Scott Hightower, engineering project coordinator, Butte County Dept. of Public Works; phone: (530) 538-7681, email: shightower@buttecounty.net.

After Before 24

League of California Cities

Butte County saved a significant amount of money on its Ord Ferry Road project.

City of Hayward Project Name: Pavement Reconstruction FY14 — Cold In-Place Recycling Hayward embarked on an innovative process during summer 2013 to reconstruct 13 residential streets by using cold in-place recycling (CIR). The CIR process involves grinding existing pavement layers, which are then mixed with foamed asphalt, spread and compacted to produce a structurally sound base layer. The entire process takes place on the street being treated versus production in a batch plant. Using the CIR process significantly reduces the job’s overall energy consumption and carbon footprint. It preserves natural resources by eliminating the use of new material from quarries. The CIR method saved approximately 10,200 tons of new hot-mix asphalt, and Hayward eliminated approximately 364,000 pounds of greenhouse gas emissions. “Residents, business owners and motorists are happier because construction time is shortened with this method. We completed 13 streets with the CIR method in five days compared to 13 days or more with the conventional method,” says Dave Hung, associate civil engineer with Hayward’s Department of Public Works. This process also increases traffic safety by using less equipment. With the CIR method, streets can be opened to traffic in as little as 60 minutes after the recycling equipment passes. “The city saved approximately 32 percent by using the CIR method versus the conventional removal of existing pavement and replacement with new hot-mix asphalt. We will continue to use this method as it not only provides a stronger pavement but is also cost effective and environmentally friendly,” says Yaw Owusu, assistant city engineer with Hayward’s Department of Public Works. Contact: Morad Fakhrai, director of Public Works, Engineering & Transportation, City of Hayward; phone: (510) 583-4740; email: morad.fakhrai@hayward-ca.gov.

www.cacities.org


Los Angeles County Project Name: Sinaloa Street Pavement Preservation Project The Sinaloa Street project is located in the unincorporated area of Altadena in Los Angeles County, directly north of the City of Pasadena. The work included preserving approximately 31 lane miles of residential roadway that was in good condition. The goal was to prolong the life of the pavement to avoid the road deteriorating to the point where a resurfacing treatment would be required, which would cost two to four times more than the preventive approach. Staff selected a pavement preservation treatment that included applying a slurry seal to the road surface. To improve the project’s sustainability, the city used reclaimed asphalt pavement in the slurry rather than virgin aggregate. In addition, to help improve the ride quality of the road the contractor removed a very thin layer of the paved surface prior to applying the slurry seal. This process also smoothes out the road’s surface. Gil Ramirez, road maintenance superintendent for the project area, has noticed the difference this made. “I drive each of these roads every month, and there’s a significant improvement in how the road ‘rides,’” he says. “I’m not the only one — I’ve been receiving great feedback from the community as well.” This road treatment application extends the pavement service life at least five to seven years. The project contract cost $2.2 million (42 cents per square foot). When comparing equivalent life cycles for conventional hot-mix treatments and slurry seal treatments, the cost savings is $922,000. The Sinaloa Street project is also environmentally friendly. Compared to a hot-mix alternative, the slurry seal treatment reduces the energy consumption by 81 percent and reduces greenhouse gas emissions by 91 percent. “Preserving our roadways in a cost-effective and environmentally sound manner is a strategic commitment for our department,” says Patrick DeChellis, deputy www.westerncity.com

After Los Angeles County took a proactive approach to avoid spending more on future repairs to Sinaloa Street.

director of the Los Angeles County Department of Public Works. “Achieving these objectives and receiving favorable input from the community make this project a win-win.”

Before safety study outcomes and provide additional collision data to assist in enforcement efforts. continued

Contact: An Dang, associate civil engineer, Los Angeles County Department of Public Works; phone: (626) 458-7939; email: adang@dpw.lacounty.gov.

Placer County Project Name: A Traffic Safety Focus for Local Agencies Placer County is enhancing traffic safety on its roadway network by actively working to reduce the number and severity of traffic collisions. The county’s traffic safety program includes ongoing review of safety-related traffic issues, including annual analysis of locations with high numbers of collisions. The program’s main element is the Traffic Accident Analysis System, a documented program for annually analyzing collision history. It includes review of fatal collisions, sitespecific locations, intersections with high numbers of accidents, and pedestrian and bicycle collisions. This traffic safety program provides helpful information for traffic engineers and decision-makers. County traffic safety staff meets annually with local California Highway Patrol officers to discuss the results of the year’s traffic

Western City, August 2014

25


Outstanding Local Streets and Roads Project Awards Highlight Exceptional Efforts, continued

Other local agencies interested in replicating this model are using the county’s Traffic Accident Analysis System handbook. Access to data about traffic safety-related issues makes it easier to identify effective measures to reduce the likelihood of crashes and to measure reductions in the frequency of crashes. “The development of the traffic accident analysis program has helped highlight the importance of annual traffic safety reviews in the county,” says Richard Moorehead, engineering manager for the Placer County Department of Public Works. “The program has been a vital conduit to funding.”

Improving traffic safety and reducing collisions are priorities for Placer County.

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- The Honorable Arnold Schwarzenegger

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League of California Cities

@LCWLegal

Since the program’s inception in 2009, Placer County has secured more than $5 million in grant funding for low-cost safety improvements that affect hundreds of miles of its local roadways. The county has also reduced the number of traffic collisions at study locations. “The traffic accident analysis program provides the ability to make educated decisions about safety improvements that will directly affect the lives of local residents and travelers,” says Stephanie Holloway, associate civil engineer with the Placer County Department of Public Works. “Our annual safety reviews have positioned us to better understand the many factors that influence a particular kind of crash. We can apply this knowledge to areas of similar roadway dynamics with the hope of preventing a crash before it happens.” Contact: Stephanie Holloway, associate civil engineer, Placer County Department of Public Works; phone: (530) 745-7551; email: shollow@placer.ca.gov. continued on page 35

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

www.cacities.org


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

magazine, it will be posted at no additional

BUDGET-FRIENDLY

charge on our website.

Contract Staffing Finance & Accounting!

For rates and deadlines, visit www.westerncity.

›› Closing

the Books ›› Temp Staff for Financial System Conversions ›› Temporary Staffing & Interim Placement ›› All City Departments Served

com and click on the Advertise link.

Serving all Cities in California!

“Accounting/Finance staff by Monday!”

Annual Conference & Expo

Call Us Toll Free 1-866-406-MUNI (6864) www.munitemps.com

» Educational Opportunities

» CityTalk » Speaker Theater » Network & more!

Los Angeles Convention Center SEPTEMBER 3–5, 2014 www.cacities.org/AC

www.bobmurrayassoc.com

Watch for these Upcoming Opportunities: • City of Rancho Palos Verdes, California City Manager

• City of Arvin, California City Manager • City of Aurora, Colorado Police Chief • City of Tucson, Arizona City Manager • City of Berkeley, California Solid Waste & Recycling Manager

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

www.westerncity.com

Western City, August 2014

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CALI F O RNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY

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City Manager

City of Solana Beach, CA Nestled along the northern coast of San Diego County, the charming seaside community of Solana Beach (pop. 13,000) encompasses 4 square miles and offers 1.7 miles of coastline. Incorporated in 1986 as a general law city, Solana Beach focuses on four strategic priorities including community character, fiscal sustainability, organizational effectiveness, and environmental sustainability. The ideal candidate for City Manager will bring a hands-on, teamoriented approach to the delivery of customer services in a highly engaged community. Proven leadership experience, a solid understanding of land use and coastal issues, and respect and appreciation for the community’s character are desired. Bachelor’s degree is required; Master’s desirable. Salary 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: September 1, 2014.

Human Resources Director City of Inglewood, CA Providing California’s local governments with an effective tool for the timely financing of community-based public benefit projects. Since 1988, more than 500 cities, counties and special districts have used CSCDA as their conduit issuer.

The City of Inglewood, CA (population approximately 110,000) is a re-emerging, culturally diverse, vibrant community of approximately 110,000 residents nestled between the energetic West side of Los Angeles and the sun-drenched South Bay. The City is now seeking a Human Resources Director to oversee a Department with 9 full-time employees and a budget of $1.2 million. Candidates for this position must have knowledge of applicable City, county, State, and federal statutes, rules, ordinances, codes, and regulations governing human resources and principles of safety, workers’ compensation, and employee relations. Candidates must possess a Bachelor’s Degree in Human Resources Management, Organizational Management, Public Administration, or a closely related field (a Master’s Degree is preferred) and five (5) years or more of experience performing responsible public sector human resources duties including but not limited to classification, compensation, benefits administration and recruitment, and labor relations, including two (2) years at a management level or equivalent experience in upper administration in a city of the size and complexity of Inglewood. At the time of application, candidates must possess and maintain a valid California Driver’s License. Salary range $103,814 to $179,445 annually, DOQ. Please apply online at www.bobmurrayassoc.com. Please contact Bob Murray or Gary Phillips at (916) 784-9080 with questions. Brochure available. Closing date September 5, 2014. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Photo/art credits Cover and pages 3-6, 14-15: Jeremy Sykes, courtesy of the League of California Cities

Sponsored by:

Page 22: Inset images, courtesy of the City of Glendale

Page 8: Buttons and background images, Derek Hatfield/Shutterstock.com

Pages 22-23: Background image, Leungchopan/Shutterstock.com

Page 9: Candles, Joyce Sherwin/Shutterstock.com Pages 11-13: Background fabric texture, Flas100/Shutterstock. com; photos, courtesy of the City of Santa Clarita and League of California Cities

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Pages 20-21: Header bar photo, FloridaStock/Shutterstock.com

Pages 3-6: Background texture, Slanapotam/Shutterstock.com

Page 10: Angel, Malgorzata Kistryn/Shutterstock.com

www.cacommunities.org

Page 19: Pbk-pg/Shutterstock.com

Pages 16-18: Background texture, HorenkO/Shutterstock.com

Page 24: Courtesy of Butte County Page 25: Courtesy of Los Angeles County Page 25: Above, Robert Crum/Shutterstock.com; below, Ralf Gosch/Shutterstock.com Page 29: Vladimir Wrangel/Shutterstock.com Pages 30-31: Altanaka/Shutterstock.com Page 35: Courtesy of the City of Santa Monica

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When Tragedy Strikes: A Leader’s Role, Revisited, continued from page 10

Accountability “What about transparency?” some may ask. Transparency is connected to truthtelling and accountability, which in turn relate to the core values of trustworthiness and responsibility. Releasing information that may be incomplete or misleading can be inconsistent with those values. As curious as the media and the public may be about what the agency is learning, waiting until all the information is in and the investigation is complete is the values-based approach.

Due Process Individuals in the community or the media may believe that they know which conclusions should flow from the facts that they have. While they may ultimately be correct, the purpose of an investigation is to look at all the available facts — without prejudging — to determine what happened and how to prevent it recurring. A fair process does not begin with a conclusion and work backward from there. If a person’s job or key rights are on the line due to an investigation’s findings, they may challenge the integrity of the investigation if it appears that those performing it were influenced by people who may have reached a conclusion without the benefit of all the facts. If such a due process claim is successful and the investigation’s conclusions are thrown into question, the agency and its leaders will not have achieved the community’s goals of getting to the truth of the matter. continued

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Police 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 now seeking a Police Chief to oversee a Department of 47 sworn and 30 civilian employees with a budget of $13.8 million. Any combination of training and experience that provides the necessary knowledge, skills, and abilities may be qualifying. A typical candidate will possess a bachelor’s degree with major coursework in criminology, law enforcement, social science, public administration, or a closely related field and five years of broad and extensive experience in all phases of municipal police work, including three years in middle- to upper-management capacity, preferably in a municipal police department. Candidates must possess a valid California class “C” motor vehicle operator license and Advanced POST and Management certificates and be able to obtain an Executive Certificate; candidates must also be able to meet POST executive background, psychological, and physical requirements. The salary range is $138,077- $167,832 with stipends for POST Executive Certificate, Master’s Degree, and Wellness. 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 August 15, 2014. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Community Development Director City of Manhattan Beach, CA One of the nation’s most dynamic and desirable urban coastal communities, Manhattan Beach is a full-service municipality in Los Angeles County serving a population of 35,423 within 3.9 square miles. The City offers a wide variety of amenities and activities for residents and over 3.8 million visitors each year. Several exciting projects await the new Director and a staff consisting of 22 full-time positions. The new City Manager is seeking a high energy and visionary professional with exceptional interpersonal and communication skills. The ideal candidate will be wellversed in urban planning best practices and have extensive experience with community engagement. At least five (5) years of urban planning experience in a comparable environment that includes a minimum of three (3) years of supervisory responsibility along with a Bachelor’s degree are required. Master’s degree and/or AICP certification is desirable. Salary range $156,648 - $204,156. Salary is supplemented with an attractive benefits package. This recruitment will close at midnight on Sunday, August 24, 2014. Visit www.tbcrecruiting.com for detailed recruitment brochure and to apply online. Teri Black • 310.377.2612 Carolyn Seeley • 949.487.7606

Western City, August 2014

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When Tragedy Strikes: A Leader’s Role, Revisited, continued

Applying the “front page” test to such a situation, local agency officials might foresee the headline “Agency Bungles Investigation,” suggesting the agency did not live up to its responsibilities. In fact, the New York Times analysis of the

FBI’s handling of the investigation of the Atlanta Olympics bombing (see “Investigative Twists and Turns: From Hero to Suspect, But Not Quite Back Again” on page 10) used the word “bungled” years after that case was resolved.

As a practical matter, an incomplete or biased investigation may work against the community’s need for trustworthy answers that stand the test of time. Even if one ultimately gets to the right answers, people will remember the wrong ones as well.

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Police Chief

City of Bell, California The City of Bell is a suburb of Los Angeles with 35,400 residents. The Mayor, City Council and City Manager are looking for a Chief that will focus their efforts internally in leading a staff of over 45 (30 sworn) in the areas of administration, patrol operations, detective operations, communications, records bureau, and traffic with a budget of $4.9 million with the goal of delivering excellent police services to the community. This is a new search and all prior applicants are encouraged to apply. Bachelor’s degree required, Master’s degree/Command College/ FBI Academy preferred. Salary up to $165,000 DOQ with competitive 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 18, 2014

Having discussed what one cannot or should not say, what should one say? Crisis communications expert Joan Gladstone advises local officials and staff to think in terms of responding with both one’s head and one’s heart. She notes, “What people crave is hearing that public officials care. Otherwise the community will perceive officials as being out of touch.” Expressing empathy (for example, saying “Our hearts go out to those affected” or “We are so sorry to learn of this tragedy”) can address this human need. To address the “head” part of the response, most agencies appoint a spokesperson to offer prompt information to proactively address the community’s concerns. In Gladstone’s experience, supplementing the spokesperson’s comments with a written statement can provide a source of information for both the media and all local officials to guide

City Attorney, City of Inglewood, CA The City of Inglewood, CA (population approximately 110,000) is a re-emerging, culturally diverse, vibrant community nestled between the energetic West side of Los Angeles and the sun-drenched South Bay. Inglewood is now seeking a City Attorney to oversee the Attorney’s Office 17 fulltime employees and $2.5 million budget. Candidates for this position must have knowledge and understanding of Charter cities; applicable City, county, State, and Federal statutes, rules, ordinances, codes, and regulations governing municipal law; judicial procedures, rules of evidence, and methods of legal research; and City and Department policies and procedures. Candidates must possess a JD and 3 years’ experience practicing law and managing professional and administrative support staff in a municipal legal setting OR an equivalent combination of education, training, and experience. At the time of application, all candidates must possess and maintain a valid license from the State Bar of California and a valid California Driver’s License. The salary range for this position is $131,816 to $227,844 annually, DOQ. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Bob Murray or Gary Phillips at (916) 784-9080 should you have any questions. Brochure available. Closing date September 5, 2014. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

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www.cacities.org


their response and reduce the chance of off-the-cuff remarks. Agency counsel and others should review the statement to ensure that it does not include information that could undermine the investigative process. As part of this consultation with counsel and others, Gladstone advises determining whether it is possible to explain, in broad terms, the process the agency is following on the investigation. This can include a projected date when the results of the investigation will be available (or an updated estimate about when the investigation results may be available). According to Gladstone, explaining the reasons why more information cannot be available at this time can also be helpful. Finally, preparation and training are also important strategies for communicating effectively in difficult situations. continued

Looking for Footnotes? For a fully footnoted version, read this article online at www.westerncity.com.

Expressing empathy for community members affected by a tragic event is a vital step for local officials.

A fair process does not begin with a conclusion and work backward from there. J

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CITY CLERK – City of Aliso Viejo Population 48,721

Salary: $80,053 – $120,079 plus an excellent benefits package and pay-for-performance compensation system. The City of Aliso Viejo is seeking a collaborative, team player for the City Clerk position. The City Clerk will serve as a hands-on, working manager to perform and oversee the operations of the City Clerk’s Office. This position serves as a key member of the management team to coordinate elections, perform records management functions, and work with other departments, officials and the general public. Minimum five years of increasingly responsible administrative and technical experience in operations similar to that of the City Clerk’s Office. Bachelor’s degree desirable. Certification as a Certified Municipal Clerk very desirable. APPLY BY: August 22, 2014 at 4:00 p.m. Must submit a city application, faxes not accepted. APPLY AT: City of Aliso Viejo, 12 Journey, Suite 100, Aliso Viejo, CA 92656. For application materials please call: (949) 425-2511 or visit the City’s website at: www.cityofalisoviejo.com. EOE.

City Manager, City of Modesto, CA The City of Modesto, CA (population exceeding 208,107) is a community proud of its diversity, great traditions and educational opportunities. Modesto is now seeking a City Manager to oversee staff of 1,137 FTEs; the City has a FY2014/2015 operating expense budget of $340.3 million. Modesto requires a strong leader, skilled manager, and experienced administrator to serve as the new City Manager. An open, straightforward, and transparent communicator is sought, as is an individual who will transmit these qualities throughout the rest of the organization. A transformative leader who can evaluate the City of Modesto with an analytical eye and approach issues with fresh tactics and innovative solutions will be valued. Candidates for this position should have solid experience in fiscal management and economic development, as well as the demonstrated ability to lead a large, complex organization. A bachelor’s degree in a related field is required; a master’s degree is preferred. The salary range for this position is open and dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Bob Murray or Gary Phillips at (916) 784-9080 should you have any questions. Brochure available. Closing date August 22, 2014. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

www.westerncity.com

Western City, August 2014

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When Tragedy Strikes: A Leader’s Role, Revisited, continued

These steps enable local officials to learn, in a less stressful and non-emotionally charged setting, about the processes that the agency follows in responding to a crisis situation (whether that crisis impacts people, property, the environment J

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or some combination of these). Such an approach also enables everyone on the team to understand the logic underlying what information can be responsibly made available and what information needs more time to develop. ■ R

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Now Open . . . Fire Chief • City of Pasadena Public Works Director • City of Goleta Assistant City Manager • City of Fremont Assistant City Managers • City of Pasadena Coming Soon . . . Deputy Fire Chief • Menlo Park Fire Protection District Community Development Director • City of Fullerton Assistant City Manager • City of Pleasanton Teri Black • 310.377.2612 Carolyn Seeley • 949.487.7606

The City of Atascadero (population 28,000),

Current maximum salary: $10,489/month and generous benefits including a CalPERS tiered system. Send application, letter of interest and resume to: HR/City of Atascadero, 6500 Palma, Atascadero, CA 93422. Information and application are available at www.atascadero.org. Inquiries may be made to the City Manager at rrickard@atascadero.org. Deadline: August 28, 2014 at 5:00 p.m.

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is seeking a highly qualified professional to lead its Public Works Department, while representing the City in an innovative and results-oriented manner. Atascadero is located on California’s central coast, midway between San Luis Obispo and Paso Robles in the heart of wine country. Atascadero offers a blend of natural beauty and rural lifestyle. The Department is comprised Administration, Engineering, Parks, Streets, Building Maintenance, Pavilion on the Lake, Transit, and Wastewater Collection and Treatment. It is responsible for the design, construction and maintenance of City facilities and infrastructure. With 25 employees, the operating budget for 2014-2015 is $4.8 million. A degree in civil engineering, land-use planning or public administration preferred.

Values Reflected in Law California’s open records and open meetings laws also reflect a balancing of the value of transparency with those of fairness and privacy. The California Public Records Act promotes transparency by giving the public and the media the right to inspect public records. However, the act contains a number of exemptions. For example, certain law enforcement investigation records are not subject to disclosure under open records laws. This includes information that would interfere with the successful completion of an investigation if disclosed. Peace officer personnel records are also subject to certain confidentiality provisions. The Brown Act promotes trust and transparency by generally requiring that discussions among members of local agency decision-making bodies occur at noticed and open meetings. Exceptions exist for such matters as discussions related to evaluation of performance, discipline or dismissal of a public employee; hearing complaints or charges brought against the employee by another person; and conferences with legal counsel related to anticipated or existing litigation. For more information on open meeting laws and the California Public Records Act see Open & Public IV: A Guide to the Ralph M. Brown Act and The People’s Business: A Guide to the California Public Records Act, available at www.cacities.org/OpenGovernment.

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

www.cacities.org


Sober Living Businesses in Residential Zones, continued from page 21

The Fair Housing Act Amendments of 1988 prohibit local governments, among other things, from discriminating against the disabled by establishing a bedroom/per occupant rule, imposing distance requirements between facilities or prohibiting commercial operators from running sober living facilities in residential neighborhoods. Likewise, requiring a sober living home to obtain a conditional use permit, business license or home occupation permit would impose requirements on the residences of “handicapped” persons that are not imposed on other residences. 5. Even an ordinance that applies equally to group homes for disabled and nondisabled persons may be discriminatory and illegal. A claim of discrimination against a city over a zoning ordinance may challenge its legality on its face or as applied in a particular circumstance. Either way, the claims will fall into one of three categories of illegal discrimination: a. Discriminatory treatment occurs when a protected class of persons (recovering alcoholics or drug addicts) is subjected to different treatment under a law. Discriminatory treatment is illegal unless the different treatment benefits the protected class or responds to legitimate safety concerns. A facially neutral regulation (that does not treat a protected class of persons differently) may still be illegal if evidence establishes that the intent of the statute is discriminatory. Regulations must be justified by legitimate, nondiscriminatory nonpretextual reasons. b. Disparate impact occurs when a regulation has a significantly different and adverse impact on a protected class. c. Failure to make reasonable accommodation of rules, practices, policies and services for persons of a protected class constitutes discrimination. An accommodation is reasonable unless it requires a fundamental alteration in zoning regulations or imposes an undue financial or administrative burden. continued

www.westerncity.com

Because the license statute does not apply, sober living homes are not limited to six residents per single-family home. J

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Community Ombudsperson, City of Boise, ID Boise (population 207,730) is the capital and largest city in the State of Idaho and is now seeking a Community Ombudsperson. The Community Ombudsperson promotes public confidence in the professionalism and accountability of Boise City’s police and law enforcement employees. This position is responsible for investigating critical incidents and complaints of misconduct brought against City police and law enforcement officers; auditing Internal Affairs cases for the City and processing citizen appeals of investigations; acting as a community spokesperson; and serving as the compliance officer for federal contracts. The Mayor and the City Council seek an individual with highly polished communication and facilitation skills with experience in conducting complex investigations. Candidates for this position must possess a bachelor’s degree in political science, criminal justice administration, business administration, sociology, or a related field and seven to ten years experience in conducting law enforcement investigations; a master’s degree and/or a Juris Doctorate is preferred. The annual salary range for this position is $75,000-$95,000; placement within the range is dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Joel Bryden or Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date September 5, 2014. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

PUBLIC WORKS DIRECTOR (An at-will position)

City of Carson, California Salary: $10,785 - $13,763/mo. plus superior benefits APPLY: Applications may be obtained from: Human Resources, Carson City Hall 701 E. Carson St., Carson, CA 90745 or by calling: (310) 952.1736 Monday – Thursday, 7:00 a.m. – 6:00 p.m.

Under general direction of the City Manager, plans, directs, and oversees a broad range of City Engineering, public works maintenance services, including, but not limited to, engineering landscape and building maintenance, and public works (streets, trees, concrete and equipment maintenance). QUALIFICATION: Bachelor’s degree in public administration, business administration and/or engineering and seven years of full time senior management experience in an operations department in a government agency. A master’s degree in a related field is preferred. APPLY BY: Open until filled. A completed original City of Carson employment application must be received by Human Resources to be considered in the selection process. You are encouraged to apply as soon as possible, as the recruitment will close at the discretion of the Human Resources division when it has determined that sufficient applications have been received.

Western City, August 2014

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Sober Living Businesses in Residential Zones, continued

Recovering alcoholics and drug addicts are also protected under the federal Americans with Disabilities Act. J

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City of Point Arena, California Point Arena, a community of 483 residents in the South Coast region of Mendocino County, is located adjacent to the newly established California Coastal National Monument at Point Arena – acknowledging this area as some of the most beautiful scenery in the world! With a change in the form of government, the City is now looking for its first City Manager to help take the organization to the next level. With 12 ft/pt employees and a budget of just less than $1 million, the City is offering up to $62,000 annually for a 32-hour work week with very generous benefits (non PERS). Bachelors required and strong interpersonal skills desired.

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: September 2, 2014.

General Manager, South Placer Municipal Utility District, CA The South Placer Municipal Utility District (the SPMUD) is located in the northern California City of Rocklin and provides sanitary sewer collection and maintenance services to over 31,000 EDUs in 31 square miles. The SPMUD Board of Directors is now seeking a General Manager. Candidates for this position must possess knowledge of sewer collections and treatment and how sewer services are assured through the land development process, as well as experience with contract negotiations. The new General Manager should possess at least five years of management experience and demonstrated ability to support a team environment in the District. Strong candidates will possess experience in California utilities, regional boards and other government agencies. Certification as a Professional Engineer is desirable. Candidates are encouraged to read the MUD Act in Division 6 of the Public Utilities Code, as the SPMUD is one of only 5 MUDs in California that are governed by this Act. The salary range for the General Manager is $125,000-$150,000; placement within the range is dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Regan Williams at (916) 784-9080 should you have any questions. Brochure available. Closing date August 15, 2014. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

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A recent case suggests heightened standards for local ordinances challenged as discriminatory. The City of Newport Beach adopted an ordinance that appears neutral because it applies to group living situations (distinguished from single housekeeping units) but does not single out recovering alcoholics or drug addicts. Newport Beach was sued for discrimination by plaintiffs claiming that the ordinance’s intent is to regulate sober living homes in particular. The Ninth Circuit ordered a trial to determine if Newport Beach enacted the ordinance with an intent to discriminate based on certain evidence that it was the city’s purpose and because the ordinance “had the practical effect of prohibiting new group homes from opening in most residential zones.” A petition to the U.S. Supreme Court for review of the ruling is anticipated shortly. 6. Regulation to benefit the protected class is allowed. Relying on cases interpreting the federal Fair Housing Act, the California Legislative Counsel has opined that “sober living homes” may not be subject to distance requirements, unless the regulation benefits the protected class or responds to legitimate safety concerns raised by individuals affected rather than being based on stereotypes. The italicized provision marks the intersection between local and state interests. Cities exercise zoning power to protect the character of residential neighborhoods. The policy underlying state law pre-emption is to provide care in a residential setting. The antidiscrimination laws are intended to protect equal opportunity to enjoy housing opportunities. Maintaining the integrity of residential neighborhoods is necessary to provide the beneficial setting and the housing opportunity. Many would argue that distancing requirements both respond to the biggest concerns of local government and advance state policy. As more communities gain experience with the effect of unregulated uses, implementing antidiscrimination statutes may soon demand what they now appear to prohibit. For more information, visit www.cacities. org/GroupHomes. ■

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After

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Outstanding Local Streets and Roads Project Awards Highlight Exceptional Efforts, continued from page 26

Santa Monica transformed Ocean Park Boulevard with innovative improvements.

City of Santa Monica Project Name: Ocean Park Boulevard Complete Green Street Project

improvements,” says Terry O’Day, mayor pro tem of Santa Monica. The boulevard’s redesign reduces the overall volume of stormwater runoff and pollutants into the nearby Santa Monica Bay.

The Ocean Park Boulevard Complete Green Street project improved the character and functionality of a key city transportation corridor by introducing streetscape enhancements like wider sidewalks, new pavement, wider and more visible bike lanes, new tree species, median and parkway landscaping, new and enhanced crosswalks, pedestrian lighting and street furniture. The project also captures urban water runoff and filters contaminants.

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City Clerk Development Services Director Management Analyst, Human Resources/Risk Management Management Analyst, Communications/Social Media Located in beautiful southeastern Orange County along the Santa Ana Mountains, Rancho Santa Margarita (pop. 50,000) was designed as a masterplanned community offering the advantages and amenities of a city, while maintaining the natural landscape of the area. Incorporated in 2000, the city employs 19 full-time and 8 part-time staff and contracts for a variety of services.

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

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“This complete green street, while providing beautification benefits for the neighborhood and increasing functionality for all these different users, also offers something that is a little harder to see — water supply O

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A group of engaged Ocean Park residents helped re-envision the boulevard to meet the community’s needs. The rebuilt boulevard improves paths for pedestrians and bicyclists, reconnects the community and includes key aspects to meet the environmental sustainability goals of the greater community.

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This project created a cleaner, more sustainable and better-connected neighborhood. Bicyclists and pedestrians navigate

Prior to these improvements, Ocean Park Boulevard from Lincoln Boulevard to Main Street was an expanse of asphalt and concrete. Designed and constructed during a period when infrastructure focused primarily on cars, the street essentially bisected and separated a mostly residential Ocean Park neighborhood.

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Western City, August 2014

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Western City, August 2014

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