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FEBRUARY 2013 |

The Monthly Magazine of the League of California Cities

Partnerships Make Roadways Safer p.12 Crumbling Infrastructure’s Economic Impact p.3 Roads: Fix Now or Pay More Later p.6

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CONTENTS 2 3

Calendar of League Events

9

President’s Message

The Impact of Our Crumbling Infrastructure On California’s Economy

12

must be able to make much-needed infrastructure upgrades and repairs to support this vision.

6

In tough economic times expectations remain high for cities to provide quality public services and facilities, though resources to fund desired projects are scarce. One strategy for

New Report on Roads: Fix Problems Now or Pay More Later

overcoming limited resources is to combine forces with other agencies and organizations to leverage expertise, staff time and funding.

By Jennifer Whiting

7

15

By Brian I. Hamblet Cities are increasingly using civil actions rather than criminal prosecution to curb illegal drug sales within their borders. Often such actions are taken either under general nuisance laws or the California Drug Abatement Act. However, the California Unfair Competition Law has also been used effectively to curb drug sales and close down businesses where drugs are sold.

California Cities Helen Putnam Award for Excellence

Perris Reaches Out to Make Sewer System Upgrade Possible

Legal Notes

Making Drug Dealers Pay For Law Enforcement

Partnerships Make Roadways Safer By Jennifer Armer and Steve Sanders

City Forum

Pavement conditions are deteriorating throughout California, and while the costs are high for even the most basic repair and maintenance, the price tag for waiting is far higher, from both an economic and a public safety standpoint.

Public Agency Attorney Ethics Attorneys must meet a number of requirements (including ethics requirements) to be able to practice law in California. But what happens when public agency attorneys are pressured to justify unlawful actions?

By Bill Bogaard The state’s goals around reducing greenhouse gas emissions are based on a vision that concentrates growth in urban cores and utilizes transit. To meet these goals, cities

Everyday Ethics for Local Officials

How one city overcame significant community resistance.

16

Job Opportunities

23

Professional Services Directory Cover Photo: By Gates & Associates, Landscape Architects. Courtesy of City of El Cerrito.


President Bill Bogaard Mayor Pasadena

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

Second Vice President Tony Ferrara Mayor Arroyo Grande

Immediate Past President Michael Kasperzak Mayor Mountain View

Executive Director Chris McKenzie

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

leaguevents

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

February

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

7–8

Board of Directors’ Meeting, Pasadena The League board reviews, discusses and takes action on a variety of issues affecting cities, including legislation, legal advocacy, education and training, and more.

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

27 – March 1

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

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

27 – March 1

Contributors Dan Carrigg Koreen Kelleher JoAnne Speers Jennifer Whiting Patrick Whitnell

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

Associate Editors Carol Malinowski Carolyn Walker

APRIL 4–5

Design Taber Creative Group

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

For photo credits, see page 17.

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

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Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2013 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume LXXXIX, No. 2.

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2

First Vice President José Cisneros Treasurer San Francisco

League of California Cities

5

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

24

Legislative Action Day, Sacramento City officials attending this event get updates on key legislative issues and meet with their legislators to discuss local priorities.

24 – 25

Board of Directors’ Meeting, Sacramento The League board reviews, discusses and takes action on a variety of issues affecting cities, including legislation, legal advocacy, education and training, and more.

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 www.cacities.org


President’s Message by Bill Bogaard

of Our

Crumbling Infrastructure

on California’s Economy

This month Western City focuses on infrastructure and public works. One of the League’s strategic priorities for 2013 (www.cacities.org/priorities) is to “Expand community and economic development tools and funding options for city services.” This includes finding new ways to support investment in public infrastructure and expansion of affordable housing. During the past two years activities in the Legislature have been focused on trying to stabilize the state’s fiscal situation and address the budget deficit. With the passage of Proposition 30 in November 2012, the prospects for achieving this are much improved. Assessing the Condition of Infrastructure According to the American Society of Civil Engineers (ASCE), infrastructure investment has not kept up with the demands of California’s growing population and much-needed renewal and maintenance continues to be delayed. The ASCE published its California Infrastructure Report Card in 2012 (online at www.ascecareportcard.org), which gave the state’s infrastructure an overall grade of “C” and indicated that an additional annual investment of $65 billion is needed. www.westerncity.com

The report card provides an evaluation and letter grade for eight of California’s critical infrastructure areas:

Aviation

C+

Levees/Flood Control

D

Ports

B-

Solid Waste

B

Transportation

C-

Urban Runoff

D+

Wastewater

C+

Water

C

More than 100 civil engineering professionals with specialized technical expertise analyzed data and evaluated reports on the physical conditions of the infrastructure areas to produce a fact-based assessment. In almost every category, lack of funding was cited as a reason for the low grades. When the ASCE released its previous report card in 2006, it set the amount needed to repair and upgrade infrastructure at $37 billion annually. Six years later, that price tag is $65 billion annually. A new report by the League echoes the findings of the ASCE report card. The 2012 California Statewide Local Streets and Roads Needs Assessment, which will be released next month, surveyed all 58 counties and 482 cities and covers 98 percent of the local streets and roads system. The report shows that delaying repairs carries a high cost, both economically and from a public safety standpoint. Essentially, the longer this work is delayed, the more expensive it becomes, because deterioration occurs every day. (For more about the report, see “New Report on Roads: Fix Problems Now or Pay More Later” on page 6.) continued

Western City, February 2013

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The Impact of Our Crumbling Infrastructure on California’s Economy, continued

What Local Governments Need Municipal infrastructure urgently requires upgrades and repairs — and a way to pay for them. California’s cities have lost ground in their ability to address infrastructure and affordable housing issues over the past two years, primarily due to the loss of redevelopment.

In response, in early 2012 the League launched its Task Force on the Next Generation of Economic Development Tools. The task force has been working with legislators to help address legal points that have prevented infrastructure financing districts from functioning as effective economic development tools for cities. Early in the 2013–14 legislative session,

Sen. Lois Wolk (D-Davis) introduced SB 33, a measure to update Infrastructure Financing District law and make it a useful tool to help cities maintain, repair and rebuild critical infrastructure and create economic development in their communities. An effort has also begun in the Legislature to create some type of replacement tool for redevelopment, including the introduction of SB 1 by Sen. Darrell Steinberg (D-Sacramento). As this effort progresses, we need to make sure the end result is workable for the communities that need it most. The League looks forward to working with our state policy-makers to help craft viable solutions. To meet the challenges related to infrastructure, local governments need more options and flexibility — including broader authority to go to the voters, with a lower vote threshold so that local communities can take care of their own infrastructure needs. The Role of Infrastructure in Meeting State’s Goals The state’s goals around reducing greenhouse gas emissions are based on a vision that concentrates growth in urban cores and utilizes transit more fully. For these policies to succeed, cities must also be successful — and that requires, to a great extent, having the necessary infrastructure improvements to support this vision.

The goals of reducing greenhouse gas emissions and supporting economic development are not going to be met by neglecting infrastructure.

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The longer About 83 percent of the state’s population lives in cities, where most jobs are located. The state’s population continues to grow at a rate of about 300,000 to 400,000 per year. Most of these people will be living in cities. To avoid sprawl and meet the state’s environmental goals, cities need resources and a larger solution to California’s infrastructure problems. Affordable housing, which typically requires subsidies, is another area that requires state policy-makers’ attention. California does not have a mechanism to support affordable housing development. The state should step up and find a way to invest in affordable housing, which is essential to maintaining a vital workforce.

this work is delayed, the more expensive it becomes, because deterioration occurs every day.

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State and local governments must work together to develop long-term strategies for meeting the goals of reducing greenhouse gas emissions and supporting economic development. One thing is certain — these goals are not going to be met by neglecting infrastructure. Seeking the Governor’s Vision Gov. Jerry Brown has indicated that he wants to focus on completing some longterm infrastructure projects, including the state’s water delivery system. Given California’s population and seismic issues, significant investments are needed in the state’s water system. But water is only one piece of the infrastructure puzzle. What is Gov. Brown’s vision for how cities are going to upgrade and repair crumbling roads, bridges and more? As the former mayor of Oakland for eight years, he is familiar with the infrastructure needs of cities and understands that addressing them is critical to our state’s future. We stand ready to work with Gov. Brown to meet the challenges that face California. With the passage of Prop. 30, it’s time to talk about the future. As the condition of roads, bridges and other infrastructure continues to deteriorate, we need a plan that involves state and local governments working together for the long-term benefit of California. ■

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Western City, February 2013

5


New Report on Roads:

by Jennifer Whiting

2008

2012 pavement condition index

California cities and counties own and operate 81 percent of the state’s roads, and most Californians can attest to the fact that the condition of their local streets and roads system is becoming a crisis.

71 – 80 Good 50 – 70 At Risk 0 – 49

Poor

The 2012 California Statewide Local Streets and Roads Needs Assessment, which will be released in March, provides solid evidence of just how serious the situation has become. It also makes clear that unless additional funding is secured, the state’s streets and roads will continue to deteriorate to the point of failure, costing far more to replace in the future. The study surveyed all 58 counties and 482 cities and covers an exceptional 98 percent of the local streets and roads system. It includes a first time in-depth study of bridge needs as well. The report shows that pavement conditions are deteriorating throughout California, and that while the costs are high for even the most basic repair and maintenance, the price tag for waiting is far higher, from both an economic and a public safety standpoint. Simply put: Pay now — or pay much more later. The lack of additional investment will result in higher costs for all users of the transportation system. As potholes increase in number and grow deeper, school buses, emergency vehicles and bicyclists will find it more and more challenging to reach their destinations safely and reliably. If bridges fail or must be closed for safety

reasons, communities will be affected by long detours and delays. Water quality standards will be compromised. The ability to meet greenhouse gas emissions reduction standards become increasingly difficult as expensive rehabilitation and reconstruction treatments are required. Ignoring the needs of the local transportation network will only make matters worse. From the time we open our front door in the morning to drive to work, bike to school, walk to the bus station, travel to the grocery store or get to a highway or an airport, we are using the local streets and roads network. Without a reliable system, we cannot meet the goals of safe, sustainable and healthy communities. ■

About the Report The California Statewide Local Streets and Roads Needs Assessment was made possible by contributions from city, county and regional agencies. Nichols Consulting Engineers, Chtd., completed and analyzed the report, which will be available in March at www.SaveCaliforniaStreets.org.

Jennifer Whiting is a legislative representative for the League and can be reached at jwhiting@cacities.org.

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League of California Cities

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Making Drug Dealers

Pay for Law Enforcement

by Brian I. Hamblet

About Legal Notes

Everyone in town knew about the place. It was a hotbed of drug-related activity where needles littered the street and drug dealers openly sold narcotics. Occasionally people were shot. Despite

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.

repeated arrests at the property, the drug sales and use continued. Then things suddenly changed. The property was vacated and sold to a new owner. The drug dealing ceased, and the neighbors breathed a collective sigh of relief. What caused this surprising turn of events? The answer wasn’t found in criminal procedure or the criminal courts. Instead, the municipal attorneys solved this problem by turning to the civil courts.

Cities are increasingly using civil actions rather than criminal prosecution to curb illegal drug sales within their borders. Often such actions are taken either under general nuisance laws or the California Drug Abatement Act. However, the California Unfair Competition Law has also been used effectively to curb drug sales and close down businesses where drugs are sold. For example, the City and County of San Francisco recently

used these three laws together to impose fines as well as stop drug dealing and drug use occurring at a neighborhood market. Another city used the Unfair Competition Law to stop prostitution at a local motel. The Unfair Competition Law is a powerful tool that allows government lawyers to discourage criminal conduct by obtaining injunctions and large civil penalties. continued

Brian I. Hamblet is a partner in the law firm of Burke, Williams & Sorensen, LLP, and can be reached at BHamblet@bwslaw.com.

www.westerncity.com

Western City, February 2013

7


Making Drug Dealers Pay for Law Enforcement, continued

Furthermore, this can be done without having to meet the higher burdenof-proof standards found in criminal proceedings. Qualifying cities should consider adding the Unfair Competition Law to civil nuisance abatement actions whenever possible because it not only motivates drug dealers to stop their illegal behavior, but also allows for civil penalties that may actually force the perpetrators to pay cities for their misconduct.

Who Can Sue Under the Unfair Competition Law By its terms, government enforcement actions under the Unfair Competition Law may be brought by potentially hundreds of law enforcement officials within California. Such actions may be brought by: • The state attorney general; • District attorneys;

The law can be a powerful weapon in the war on drugs as it offers many valuable remedies related to injunctions, restitution, civil penalties, cumulative remedies and attorneys’ fees. • City attorneys for each of the four cities with populations of more than 750,000 (Los Angeles, San Diego, San Jose and San Francisco); and • Full-time city prosecutors in cities that use full-time attorneys to prosecute municipal code violations if they first obtain the consent of the local district attorney.

Unlawful Business Practice Defined While the Unfair Competition Law has been used to stop the sale of illicit drugs, it appears to have been confined to those situations where another business entity is involved. However, the statute does not strictly require such limitations. The law defines unfair competition to “mean and include any unlawful, unfair or fraudulent business act or practice.” The law is broad in its scope, encompassing anything that can properly be called a business practice and at the same time is forbidden by law. Thus, selling illegal drugs is a violation of the statute and can be enjoined as long as it rises to the level of a business practice. The statute borrows violations of other laws and treats those violations as unlawful business practices when committed as part of a business activity.

Lower Standard of Proof As with all civil actions, the standard of proof in civil penalty proceedings is not “beyond a reasonable doubt,” but the lower “preponderance of the evidence” standard. Furthermore, the Sixth Amendment right to a jury trial does not apply to a governmental action seeking civil penalties. The government also does not have to prove that any of the victims of the unlawful business practice suffered actual damages as a result of the activity.

Powerful Remedies The courts have given a liberal reading to the Unfair Competition Law’s penalty continued on page 18

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Everyday Ethics for Local Officials

Public Agency Attorney Ethics QUESTION

Our organization takes ethics very seriously. For example, when we hire the chief executive, one of the criteria is being a member of the International City/County Management Association (ICMA), because we know that the organization requires its members to adhere to a code of ethics. Is there something similar for public agency attorneys? If so, what kinds of standards does it set? Answer

Attorneys must meet a number of requirements (including ethics requirements) to be able to practice law in California. State law creates some of those requirements; others are rules adopted by the State Bar of California. In addition, the City Attorneys’ Department of the League has adopted aspirational standards for those involved in the practice of municipal law. The Business and Professions Code and the State Bar Act Some background information about attorney licensure requirements may be helpful. In California, attorneys must be licensed to practice law. The State Bar of California is the licensing organization. California attorneys must take and pass two tests (commonly referred to as the bar exam) to practice law. One of these tests focuses on the rules related to professional ethics.

In addition to taking a test, prospective attorneys must be found to be of “good moral character.” To maintain their status, they must take continuing legal education courses, including courses related to legal ethics. In addition, attorneys — including those who represent governmental agencies — must adhere on an ongoing basis to the Rules of Professional Conduct set by the State Bar and approved by the California

Supreme Court. These requirements are in addition to ethics law requirements imposed on public officials. Like all rules related to ethics, these are minimum standards. However, failure to meet these and other standards can subject an attorney to discipline and even loss of license (a process called disbarment).

Attorneys’ Obligation to Advise Compliance With the Law California’s Business and Professions Code details these various requirements for attorney licensure, education and discipline. It also imposes on attorneys certain duties, which are further fleshed out in the State Bar’s Rules for Professional Conduct. (A proposal to significantly reorganize these rules is currently pending before the California Supreme Court.) continued

This column is a service of the Institute for Local Government (ILG), whose mission is to promote good government at the local level. For more information and to access ILG’s resources on public service ethics, visit www.ca-ilg.org/trust. ILG thanks former City Managers Arne Croce and Jan Perkins; Judy Nadler, senior fellow, Markkula Center for Applied Ethics; and City Attorneys Steve Dorsey (with Richards, Watson and Gershon and the cities of San Marino, Buena Park and Norwalk), Greg Priamos (Riverside) and Brian Libow (San Pablo) for their contributions to this article. www.westerncity.com

Western City, February 2013

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Public Agency Attorney Ethics, continued

Taken together, these rules impose a professional obligation for attorneys to counsel compliance with the law, unless the attorney believes in good faith that a law is invalid. Similarly, attorneys are not allowed to seek, accept or continue employment if they know or should know that the goal is to present a litigation claim or defense that is not warranted under existing law, unless it can be supported by a good faith argument for an extension, modification or reversal of such existing law. Attorneys may only pursue clients’ causes in ways that are consistent with the truth. City Attorneys’ Department Principles Offer Guidance The aspirational ethical principles adopted by the City Attorneys’ Department of the League take these concepts further and encourage municipal lawyers to promote the rule of law by approaching their roles in a way that helps create a culture of compliance with the law. This includes promoting and exemplifying the underlying purpose of legal requirements. The principles encourage municipal lawyers to rely on sound legal analysis in providing advice. Common practice (“everyone else does it that way”) or a past practice (“we have always done it that way”) should not deter an attorney from that analysis, nor should it matter that the risk of a lawsuit or other consequence is considered low.

Agency Counsel Supervises Attorneys Providing Advice to Agency For cities and counties, state law provides some guidance on the roles public agency counsel is to play within an agency. In charter cities, this guidance is typically provided in the charter. From time to time, the agency may find it necessary or useful to hire additional legal assistance. Typically, these attorneys work under the supervision and direction of the city attorney or county counsel.

In addition, the principles recognize that attorneys may be pressured to justify a course of action that is clearly unlawful. When this occurs, the principles encourage the attorney to resist pressure to be “creative” to provide cover for the elected or appointed public officials who want to act in ways that are unlikely to be legal. The principles also recognize that those who are intent on proceeding unlawfully will sometimes keep the attorney out of the loop. If, in spite of such efforts, a problem becomes evident to the attorney, the principles encourage the agency’s attorney to give unpopular legal advice that meets the law’s purpose and intent — even when the advice is not sought. In short, these concepts are why people sometimes refer to attorneys as “counsel” or “counselor.” However, beyond encouraging (counseling) compliance with the law, public agency attorneys

Another twist on this situation can happen when decision-makers pressure attorneys to modify their advice.

generally have no inherent policing or enforcement powers when it comes to client decisions to act unlawfully.

Who Decides? Ultimately, the attorney’s client decides whether to follow the attorney’s advice. This is one of the contexts in which it is important for public agencies to understand who the “client” is. The client is the organization itself, acting through its highest body, officer or employee authorized to act on a matter. What happens if the attorney gives advice and it is not followed? Strictly speaking, the current State Bar Rules of Professional Conduct do not require that the attorney take the issue up the chain of command — they merely allow it. Doing so, however, is consistent with attorneys’ obligation to keep clients reasonably informed of significant developments related to representation. (The pending proposed rules do require going up the chain of command, unless the attorney believes it is not necessary to protect the organization’s interests.)

What Happens if the Client Persists? Attorneys in such situations face unique constraints compared to others who work for public agencies. State law requires attorneys to maintain their clients’ confidences. The only exception (not typically relevant to the public agency context) is when death or substantial bodily harm can be avoided by disclosure. Thus, if an attorney has given advice that is not being followed, the attorney has few options. The least perplexing

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situation is when the law is not clear and the client’s course of action is not demonstrably unlawful. However, if indeed it is clear that the agency is taking an unlawful action and the attorney’s efforts to encourage corrective action have failed, the attorney’s only recourse is to resign. What about state law protections for whistle-blowers? The state attorney general has concluded that the Business and Professions Code sections related to attorney-client confidentiality trump those protections. The comment section to the California Bar’s Proposed Rules of Professional Conduct also takes this position. Two governors have vetoed efforts to create an exception.

Back to the Question: Attorney Ethics The Institute for Local Government recommends a number of strategies for organizations concerned about maintaining a culture of ethics. One strategy is to include ethics-related questions in the interview process (see “Promoting a Culture of Ethics at City Hall,” August 2006, available at www.westerncity.com).

Public agency attorneys generally have no inherent policing or enforcement powers when it comes to client decisions to act unlawfully.

continued on page 20

An Annual Memo Can Help The State Bar Rules of Professional Conduct require attorneys to be clear on when there is and is not a confidential relationship. One way to do this is with an annual memo that explains that the agency is the client and offers other important information (for example, about how to satisfy state-required ethics training) and ethics law information. The Institute for Local Government offers a sample of such a memo on its website at www.ca-ilg.org/post/ sample-attorney-letter-transmittingethics-law-information.

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Western City, February 2013

11


City staff explains how El Cerrito landscaping conserves water.

Left

Pedestrians cross rail tracks in Dixon.

Right

Partnerships Make Roadways Safer by Jennifer Armer and Steve Sanders

In tough economic times expectations remain high for cities to provide quality public services and facilities, though resources to fund desired projects are scarce. One strategy for overcoming limited resources is to combine forces with other agencies and organizations to leverage expertise, staff time and funding. For example, cities can collaborate with nearby counties and schools as well as state agencies to make walking and bicycling safer for residents and achieve health, economic and other community goals.

Art pavers mark areas of interest in El Cerrito.

Two cities, similar in size but different in context, offer remarkable examples of pioneering efforts to chart a more collaborative method for making roadway infrastructure improvements. El Cerrito, with nearly 25,000 residents, is located in the San Francisco Bay Area; Dixon, with nearly 20,000 residents, is surrounded by agricultural land, 20 miles southwest of Sacramento. Although each city approached the task in its own way, local and civic leaders in both cities confronted these questions: • How can traffic impacts be reduced? • How can all users — drivers, pedestrians and bicyclists — be served by our roadways? • How can the safety, economy and health of our community be improved? • How can our city partner with others to accomplish together what is difficult or impossible to do alone? Each city decided to build on its existing strengths to improve its streets for all users. Their experiences provide some important lessons for communities grappling with similar challenges.

Jennifer Armer is a program coordinator for the Institute for Local Government (ILG) and can be reached at jarmer@ca-ilg.org. Steve Sanders is co-director of ILG’s Sustainable Communities program and can be reached at ssanders@ca-ilg.org.

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El Cerrito Remodels Main Street El Cerrito is located in Contra Costa County (pop. 1,049,025), adjacent to the cities of Richmond and Albany. Urban arterial San Pablo Avenue knits together East Bay communities from San Pablo in the north to Oakland in the south, including the cities of El Cerrito and Richmond. San Pablo Avenue serves as El Cerrito’s main street but has lost any cohesive identity since Interstate 80 replaced it as the primary route through the area, although the avenue remains a state highway under the jurisdiction of Caltrans. Faced with the declining economic vitality of this central roadway, the City of El Cerrito initiated the San Pablo Avenue Streetscape Improvement Project in collaboration with Caltrans. The project’s goals were “to create a distinctive sense of place, improve the walking environment, enhance transit stops, provide better landscaping and increase pedestrian safety and accessibility.” The process began in 2007 and concluded in 2011, marking El Cerrito as a leader in active transportation and complete street policies and design. Design features along the improved San Pablo Avenue include:

The dangers of walking and biking along these routes affected all local residents — and concerned officials.

Interim improvements make Dixon crossings safer.

• Three hundred trees planted along the sidewalks and median along the entire 2.7 mile roadway; • Median grass removed and replaced with drought-tolerant landscaping to reduce water needed for irrigation by more than 1 million gallons a year;

• $1.8 million from the Metropolitan Transportation Commission through a Transportation for Livable Communities grant;

• Two demonstration rain gardens planted that capture stormwater and filter it through soil and compost before allowing it to re-enter the storm drain system;

• $215,000 from the California Environmental Protection Agency and State Water Resources Control Board (for rain gardens, including monitoring); and

• Numerous pedestrian improvements added, such as bump outs, flashing lights in pavement at pedestrian crossings, countdown pedestrian cross lights and additional crosswalks enhancing the avenue;

• $505,000 from the Contra Costa Transportation Authority through a Transportation for Livable Communities grant.

• Bicycle racks installed at all bus stops and each block along the roadway; and • Existing streetlights replaced with LED streetlights for significant energy savings. The city implemented the project in phases, in part to maintain the momentum and in part due to funding and permitting issues. The first phase encompassed the installation of navigational signage and banners in 2006 and continued with completion of the median landscape renovation from 2007 to 2008. The major streetscape enhancements were completed in October 2011. Using funds from a local “1% for Art” program, public art is being installed this year. A variety of other sources provided funding for the project:

While El Cerrito collaborated with Caltrans, the city was also working with neighboring Richmond to cooperatively prepare a Specific Plan for San Pablo Avenue, which is still under way. The physical improvements have made the street more welcoming to pedestrians and bicyclists and created a vibrant avenue that provides access to numerous civic and cultural destinations, including schools, city hall, a renovated major shopping center, a restored historic theater complex and two Bay Area Rapid Transit (BART) stations. The joint planning effort of El Cerrito and Richmond offers great promise for both communities to realize future improvements in resident health, pedestrian safety, connectivity between the two cities and economic vitality. Dixon Creates Safer Routes to Schools

• $4.2 million from the City of El Cerrito Redevelopment Agency;

The City of Dixon is located in Solano County (pop. 413,344). Nearly 600 traffic collisions occurred in Dixon from 2002 to 2011, and 13 percent of these involved pedestrians or bicyclists.

• $351,000 from the Bay Area Air Quality Management District Transportation Fund for Clean Air;

Dixon Mayor Jack Batchelor Jr. knew that students who attend C.A. Jacobs Intermediate School encounter major challenges continued

www.westerncity.com

Western City, February 2013

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Partnerships Make Roadways Safer, continued

walking to school. Students coming from the west must cross Pitt School Road, a heavily traveled thoroughfare from Interstate 80. Students from the east cross State Highway 113 and one of three grade-level railroad tracks that carry 32 trains per day. The dangers of walking and biking along these routes affected all local residents and concerned officials at the City of Dixon and the Dixon Unified School District. When the Solano Transportation Authority approached the community about improving transportation options with a focus on school routes, the city and the schools partnered with the authority to study the problem and implement program and physical improvements. This partnership extended to all seven cities within the county to prioritize potential Safe Routes to School projects. Safe Routes to School projects involve three key elements: education, enforcement and engineering. Education and enforcement were conducted through partnerships between the schools, local police and the county health department. Engineering, or physical improvements, included building and installing: • A bicycle and pedestrian undercrossing at railroad tracks; • A four-way stop;

Physical improvements have made the street more welcoming to pedestrians and bicyclists and created a vibrant avenue.

Because of the diverse positive impacts of these improvements, several sources provided funding for the project. Countywide, since 2008 a total of $3.96 million for non-infrastructure programs (education and enforcement) came from: • $2.9 million in grants from the Metropolitan Transportation Commission and Solano Transportation Authority; • $500,000 through a federal Safe Routes to School grant distributed through the county; and • $550,000 in air district grants. Solano County has invested $10 million in State Safe Routes to School engineering projects in the past four years, compared to $1.1 million spent for engineering in the 10 years prior to the development of the 2008 plan. The $10 million included the following support for Dixon’s efforts:

• Flashing crosswalk lights and beacons; • Widened sidewalks and adjusted crosswalks; and • Thirty radar speed signs countywide.

• $90,000 in congestion management and air quality funding for Safe Routes to School Pedestrian Improvements at Highway 113 in Dixon; and • $2.5 million for FY 2012–13 construction of Dixon’s Safe Routes to School West B Street Undercrossing provided by One Bay Area Grant (OBAG), Congestion Mitigation and Air Quality Improvement, and OBAG transportation assistance funding. Before

El Cerrito’s median landscape upgrades reduce water usage by using drought-tolerant plants.

School districts and Solano County cities also sponsor projects that cost comparatively little. Most of these are engineering projects with minor changes that don’t require large grants. Benefits to the community can be seen through better air quality, reduced traffic, safer routes to schools, neighborhood vitality and the improved physical health of students and residents. Resources for Collaboration and Partnerships

After

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Leveraging resources to serve shared constituencies — in cities, counties, schools, the region and state — can solve serious problems facing residents. Recognizing the multiple benefits and beneficiaries of a single project can spur partnerships to make progress on issues that previously seemed insurmountable. The Institute for Local Government provides many resources on its website in the Collaboration and Partnerships section (www.ca-ilg.org/collaboration-partnerships) to help communities make the most of these shared needs. ■

www.cacities.org


LEFT

Sewage from septic tanks floods gutters.

City staff and schoolchildren distribute flyers about proposed improvements.

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To Make Sewer System Upgrade Possible Working together, government agencies can often produce results

Earning Residents’ Trust

they were unable to achieve alone. Involving residents is often the

“There’s more to a successful infrastructure project than moving dirt,” says Ron Carr, the city’s assistant city manager. “Ultimately these projects are about engaging people, and that doesn’t happen in city hall. It happens out in the community.”

catalyst for success. In the community of Enchanted Heights, three local and two state agencies came together to solve a long-standing public health issue by finding a way to engage the residents and win their support. A Tough Problem to Solve Perris is a 101-year-old city in the center of western Riverside County. Incorporated as a tiny agricultural enclave, the city has grown into an urbanized diverse community with a population of nearly 70,000. The Enchanted Heights neighborhood, located half within the City of Perris and half in Riverside County, has also evolved. Built originally as a resort community of one- and two-person residences in the 1970s, the neighborhood is now home to families with children, parents and grandparents. Over time, population growth strained the aging and leaking septic systems, causing them to fail and creating a potential public health hazard. Sewage ran down streets where children walked to and from school.

Although the solution to this problem was obvious — build a sewer system — funding proved elusive. The institutional barriers were also enormous: The majority of residents did not speak English and were culturally isolated. Technological challenges in the community made mainstream communication difficult. The city, working in collaboration with its partners, Riverside County and Eastern Municipal Water District, secured $9.7 million from the California Department of Public Health to construct the mainline sewer and $5 million from the State Water Resources Control Board for the on-site work and connection fees. For the City of Perris, which took responsibility for the public outreach portion of the project, the work was just beginning.

It soon became apparent that convincing primarily Spanish-speaking residents to sign a complex legalistic document — the “right of entry” form to allow contractors onto their property — would not be an easy task. Many residents were reluctant to allow government officials onto their property for any reason, yet without their signatures, the sewer system would not be built. Residents’ children started passing out informational flyers about the project. As time passed and community apprehension about the project increased, city staff sensed the project slipping away. So the city launched a face-to-face outreach program. continued on page 23

The City of Perris won the Award of Excellence in the Cities, Counties and Schools (CCS) Partnership Intergovernmental Collaboration category of the 2012 Helen Putnam Award for Excellence program. For more information about the award program and the next application deadline, visit www.helenputnam.org.

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Western City, February 2013

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

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

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3 The “Front Page” Test: An Easy Ethics Standard – February 2012

4 The Brown Act and the Perils of Electronic Communication – June 2011

5 What You Should Know About Hiring CalPERS Retirees – August 2012

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MuniTemps will Save Your City Money! Director of Planning Services City of Palm Springs, CA The City of Palm Springs, CA (permanent population 50,000) hosts approximately 2 million visitors annually and is known for its crystal-blue skies, year-round sunshine, stunning landscape, palm-tree-lined streets, and starry nights. The City is now seeking a Director of Planning Services to oversee a staff of 6 and a budget of $1.08 million. The ideal candidate will be process-focused and have a vision for effective departmental operations and customer service; the City is seeking a candidate who is ready to assist the various constituencies within the City to meet their goals within the bounds of the City Council’s adopted policies. This position requires at least six years of increasingly responsible urban planning experience, including two years of management and administrative responsibility. Candidates must possess a Bachelor’s Degree in Urban Planning, Public Administration, or a related field; a Master’s Degree and certification by the AICP are highly desirable. The salary range for the Director of Planning Services is $121,380-$147,912 and is currently subject to a 10% furlough reduction through FY2012/2013. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date February 15th, 2013. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

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General Manager

Mountain House Community Services District, CA Situated in the picturesque west side of the San Joaquin Valley, Mountain House is growing into a selfsufficient community offering employment, education, goods, services and recreation all within its boundaries. Mountain House is literally a community coming to life, growing before your very eyes. The General Manager serves as the chief administrative officer of the district and in that role enforces laws, ordinances and Master Restrictions, as well as providing day-to-day management of the organization. Bachelor’s degree required, Masters preferred with at least seven years management experience, preferably with a community services district or municipal government. Salary range is $120,000 to $145,000 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 February 15, 2013

Public Works Director

City of Campbell, California Salary: $10,703 - $15,500/month plus excellent benefits Under administrative direction of the City Manager, plans, organizes and directs the activities of the Public Works Department. Acts as advisor to the City Manager on all public works matters; directs the preparation of and reviews plans, specifications, estimates and contracts for all projects of public works and street construction; directs the work of the engineering functions of land development; oversees transportation engineering, design and construction of public works, the City’s environmental programs, and public works maintenance activities. Qualifications: Graduation from an accredited college with a major in civil engineering, architecture, business, public administration, planning or a related field. Six years of increasingly responsible and varied professional engineering, public works construction project management, or municipal management experience, at least three years of which shall have been in a supervisory capacity involving the financing, design, construction, maintenance or operation of a variety of public works. Masters Degree in Public Administration or a related field desirable. Final Filing Date is 5:00 pm, Friday, February 22, 2013. A completed city employment application is required. For additional information regarding this excellent career opportunity, please contact Human Resources 408-866-2122 or www.cityofcampbell.com.

Photo/art credits Cover: Gates & Associates, courtesy City of El Cerrito

Page 11, Hasloo Group Production Studio/Shutterstock.com

Page 3: Lowe R. Llaguno/Shutterstock.com, StacieStauffSmith Photos/Shutterstock.com

Page 12, Left top, center and bottom, courtesy City of El Cerrito

Page 4, Lowe R. Llaguno/Shutterstock.com

Page 12, top right, and page 13, courtesy City of Dixon

Page 5, both images, Gary Whitton/Shutterstock.com

Page 14, courtesy City of El Cerrito

Page 6, maps courtesy California Statewide Local Streets and Roads Needs Assessment Project

Page 15, courtesy League of California Cities and City of Perris

Page 7, Joop Snijder Photography/Shutterstock.com; FreshPaint/Shutterstock.com

Pages 20-21, Kinetic Imagery/Shutterstock.com

Page 9, Yvonne Hunter, courtesy Institute for Local Government

Page 23, courtesy League of California Cities and City of Perris

Page 10, Diego Cervo/Shutterstock.com

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Page 21, Supri Suharjoto/Shutterstock.com

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Western City, February 2013

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Making Drug Dealers Pay for Law Enforcement, continued from page 8

provisions, and thus the statute gives the courts broad powers to fashion creative awards of injunction, restitution and civil penalties. Consequently the law can be a powerful weapon in the war on drugs as it offers many valuable remedies. Injunctions. Injunctive relief is one of the chief remedies available under the J

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Unfair Competition Law. The courts have broad power to award injunctive relief when a violation is found. An injunction consists of a court order requiring an individual to take or not take a specific action. Under the Unfair Competition Law, the courts are permitted to enjoin or stop ongoing wrongful R T

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CITY OF PASO ROBLES The City of Paso Robles is a community of 30,000 nestled in the coastal mountain range of central California. Paso Robles offers all the amenities of family life including attractive and available housing, ample City services, state-of-the-art recreation facilities, easy access retail shopping, excellent public schools and safe neighborhoods. Paso Robles is looking for a Chief with uncompromising ethics and professionalism, with a desire to make a difference and be an active member of the community. The Police Department is POLICE a modern, well-managed department in a new William Avery & Associates state-of-the-art emergency operations center, Management Consultants CHIEF with 46 budgeted sworn personnel and an 1 3 /2 N. Santa Cruz Ave., Suite A annual budget of $8.9M. The administrative team consists of the Chief Los Gatos, CA 95030 of Police, who reports directly to the City Manager, a Captain and two 408.399.4424 Lieutenants. Fax: 408.399.4423 email: jobs@averyassoc.net www.averyassoc.net

The successful candidate will have graduated from a four-year college or university with major course work in a related field, five years of managerial or command experience in a law enforcement agency and a POST Executive Certificate. An advanced degree in a related field is highly desired. Salary is up to a maximum of $160,020 annually, DOQ. For further information contact Bill Avery at 408-399-4424 or Ann Slate at 805-459-5132. To apply, submit cover letter, resume with current salary, and five work related references (email preferred) by March 1, 2013. A formal job announcement is available at http://www.averyassoc.net/jobs.

Assistant City Attorney City of Milpitas, CA

Located at the southern tip of the San Francisco Bay, Milpitas (pop. 71,000) is a progressive community with quality schools, conveniently located shopping and a variety of parks and recreational opportunities. The Assistant City Attorney will be responsible for the areas of Finance, Engineering, Planning (including Land Use, CEQA, DDA’s and the Planning Commission), Housing and the Housing Authority. A Juris Doctor degree from an accredited law school is required along with a minimum of five years of responsible professional legal experience including experience in municipal law. Salary range is $120,893 to $146,946 DOQ, 2% @ 60, with competitive benefits.

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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 February 18, 2013.

business conduct in whatever context such activity might occur. If an injunction order is violated, the courts can impose additional fines or jail time on the individual violator. Thus, the statute can be extremely effective in stopping illegal drug sales activities. Restitution. The Unfair Competition Law also includes the right to recover restitution for violations. Restitution is an award designed to “restore” the parties to the place they would have been if the wrongful act had not occurred. The law states: The court may make such orders or judgments ... as may be necessary to restore to any person in interest any money or property, real or personal, which may have been acquired by means of such unfair competition. In addition, the courts have broad power conferred upon them, both by

Airport Manager City of Fullerton $89,924 – $109,303 annual salary plus benefits. The Airport Manager is responsible for planning, organizing and managing and coordinating the operations of the Fullerton Municipal Airport including the internal security of airport property, buildings, facilities, and privately owned aircraft. Qualification Guidelines: A BS/BA in Aviation Management, Business Administration, Public Administration or a related field; a Federal Aviation Administration Pilot’s Certificate and an Accredited Airport Executive designation is desirable as is four years of relevant experience, including two years at the supervisory level. Application packet available at www.cityoffullerton.com or 714-7386361. Filing Deadline February 28, 2013. EOE

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their own equitable powers and the language of the statute, to order a wide variety of remedies designed to restore a party to its proper status — including payment of the profits of the unlawful activities to the persons who have been harmed by those activities. Civil Penalties. Government prosecutors are also authorized to recover civil penalties for violations of the Unfair Competition Law. Each violation is considered a separate act and subject to a $2,500 penalty, so the combined penalties for ongoing violations can be significant. These penalties are mandatory if a violation is found. Furthermore, if more than one defendant is found to be responsible for the bad act, the courts can impose penalties against either or both defendants. Cumulative Remedies. The remedies and penalties under the Unfair Competition Law are cumulative and can be combined with other remedies provided by the nuisance abatement laws and the Drug Abatement Act. Thus, a city attorney can obtain an injunction, restitution and civil penalties under the Unfair Competition Law, plus a $25,000 civil penalty under the Drug Abatement Act, and recover attorneys’ fees and costs under the nuisance abatement provisions in the Civil Code. Attorneys’ Fees. The Unfair Competition Law does not provide for attorneys’ fees. However, it can be combined with other causes of action that do provide for attorneys’ fees and costs. For example, the Civil Code permits the courts to award costs, including those of investigation and discovery and reasonable attorneys’ fees, to the prevailing party in an action to abate a public nuisance. Therefore, the city attorney can use the nuisance abatement statute in conjunction with the Unfair Competition Law to recover not only attorneys’ fees but also the costs of investigation and discovery.

Conclusion While the Unfair Competition Law might not be right for every situation, careful consideration should be given to

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using it in civil actions against drug houses and illegal activities. Its lower standard of proof combined with its wide ranging remedies, penalties and cost recovery options make the statute a very effective tool in the war on drugs. ■

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

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Public Works Director/City Engineer City of Milpitas, CA

Located at the southern tip of the San Francisco Bay, Milpitas (pop. 71,000) is a progressive community with quality schools, conveniently located shopping and a variety of parks and recreational opportunities. The next Public Works Director/City Engineer will have significant experience in public facilities maintenance, building construction and equipment maintenance, and varied professional civil engineering experience involving the design and construction of public works projects specifically including water, sewer, and storm water design and construction. Bachelor’s degree in related field and registration as a professional civil engineer in California required, Master’s preferred. Salary range is $152,645 to $185,543 DOQ, 2% @ 60, 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 February 18, 2013.

Community Development Director City of Campbell, California Salary: $10,703 - $14,000/month plus excellent benefits

Under administrative direction of the City Manager, plans, supervises, organizes, and participates in the work involved in planning for the orderly development of the City; administers subdivision and land use regulations; plans and directs the formulation and administration of the City’s general plan, subdivision and zoning regulations; and oversees building inspection and code enforcement activities, and housing and community development programs. Qualifications: Graduation from an accredited college with a major in planning, architecture, or a related field. Five years of increasingly responsible experience in a technical capacity in public planning work. Experience in economic development and a Master’s Degree in planning desirable. Final Filing Date is 5:00 pm, Friday, February 22, 2013. A completed City of Campbell employment application is required. For additional information regarding this excellent career opportunity, please contact the City of Campbell Human Resources Division at 408-866-2122 or www.cityofcampbell.com.

Western City, February 2013

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Public Agency Attorney Ethics, continued from page 11

In addition to asking candidates for agency executive positions about their membership in ICMA, another helpful step is asking candidates for the agency attorney position about their views of the City Attorneys’ Department’s ethical principles. However, mere membership in an organization or familiarity with a code is helpful J

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but not sufficient (for example, Bell’s disgraced former City Manager Robert Rizzo was a member of ICMA). The next step in the “hiring for ethics” process is to probe how an individual would handle certain situations, including a situation in which advice has been given but not followed — or not sought. Would the R T

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Assistant City Manager The City of Pinole is located in the San Francisco Bay Area, on the shores of San Pablo Bay in West Contra Costa County. The ideal candidate will possess a breadth of experience and flexibility to address a variety of issues, plus knowledge of public policy, municipal functions and activities, including the role of an elected City Council and the ability to develop, oversee, and implement programs and projects. Minimum qualifications include possession of a Bachelor’s degree from an accredited college or university with major course work in business or public administration, human resources management, public policy, planning, economics or a field related to the work and five years of management and/or significant administrative support experience, preferably in a public agency setting. Possession of a Masters degree is highly desirable. CLOSING DATE: MARCH 7, 2013 at 4:30 pm. Resumes will not be accepted in lieu of a completed application. For more information about this opportunity and to obtain an Employment Application, please visit our website at www.ci.pinole.ca.us or contact the Human Resources Department at 510-724-9006 or fkuykendall@ci.pinole.ca.us.

candidate leave it there or try to prevent harm to the agency by communicating up the chain of authority? Not only does this allow those involved in the hiring process to determine how a prospective attorney says he or she will handle a given situation, it also signals to the candidate that decision-makers support ethical decision-making within the organization. In short, promoting a culture of ethics and fidelity to the law is everyone’s responsibility in the organization. In California, every elected official and highlevel employee takes an oath of office to support and defend the federal and state Constitutions, from which all laws derive. While determining what the law requires in any given situation is the attorney’s responsibility, following that law is the responsibility of all public servants. In organizations with a strong ethical culture, leaders understand and support the attorney’s advice-giving role, even when that advice is unpopular or may be politically difficult. Conversely, in organizations lacking such a strong culture, the attorney receives signals that negative advice isn’t welcome and even if

City Manager

City of Indian Wells, CA California’s premier desert resort community, Indian Wells is recognized for its tranquil and luxurious resort environment and world-class tourism and recreational amenities. The City’s population of 5,000 easily doubles much of the year, and some events bring over 350,000 visitors to the community. Operating with a dedicated staff of 28, the City Manager will focus on the delivery of quality customer services, enhancement of critical relationships within the community and region, and will bring an entrepreneurial approach to revenue growth opportunities. The successful candidate will bring proven experience as a City Manager or Assistant City Manager. Bachelor’s degree in public/business administration or a related field is required; Master’s preferred. Annual salary range is $185,000 to $230,000, and appointment will be made DOQ; 2.7% @ 55 PERS.

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Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Resumes acknowledged within two business days. Call Bobbi Peckham at (866) 912-1919 for more information. A detailed brochure is available at www.peckhamandmckenney.com. Filing deadline is March 22, 2013.

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the attorney were to work up the chain of command to the highest decision-making authority, the unwelcome advice would be ignored.

Ultimately, the client decides whether to follow the attorney’s advice.

If You Are the Attorney in This Situation For any public servant, including attorneys, asking someone to put their job and financial security on the line is huge. This is the essence of a “moral courage” ethical dilemma: when someone knows the right thing to do, but understands that doing it will involve a personal cost. The decision is difficult. However, experience has shown that when agencies violate the law (and in public agencies, odds are that transparency requirements and changes in leadership will ultimately bring bad behavior to light), people will scrutinize the role that the local agency attorney played. For attorneys, documenting that one has provided sound advice on what the law requires in a given situation (or situations) can be a wise strategy. So is documenting efforts to bring issues to the attention of those at the highest decision-making level. Sending a confidential memo is one way to do this.

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City Manager

City of Palos Verdes Estates, CA With over four miles of beautiful coastline, gently winding roadways and paths, green hillsides, and an international reputation for scenic beauty, it’s not surprising that Palos Verdes Estates (pop.13,500) has been likened to Shangri La or Camelot. Incorporated in 1939, Palos Verdes Estates is the oldest of the four cities on the Palos Verdes Peninsula. The City enjoys a politically stable environment, its own police department, outstanding staff of 55, and a budget of $17.5 million. The ideal candidate will understand the unique nature and character of a community that has a strong sense of preservation, will possess solid interpersonal and communication skills, and will be approachable and accessible. A Bachelor’s degree in public or business administration, finance, or a related field is required; Master’s degree is preferred. Salary open DOQ.

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Resumes acknowledged within two business days. Call Bobbi Peckham at (866) 912-1919 for more information. A detailed brochure is available at www.peckhamandmckenney.com. Filing deadline is March 1, 2013.

continued

Director of Administrative Services CITY OF ARROYO GRANDE, CA

Public agency attorneys may be pressured to justify a course of action that is clearly unlawful.

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Located on the beautiful central coast, the City of Arroyo Grande, California (population 17,252) is seeking an experienced profes­ sional to oversee the Administrative Services Department, which consists of the Financial Services and Human Resources Divisions. Arroyo Grande is a full service city with a total budget of approximately $24 million and $13 million General Fund. The ideal candidate will be an experienced professional with strong values and outstanding management, technical and interpersonal skills. The position provides an opportunity to be part of a cohesive executive team and outstanding organization. Arroyo Grande is a special place to live and work – offering a friendly small town atmosphere, outstanding climate and excellent recreation opportunities. Any combination of experience and training equivalent to five years of increasingly responsible financial management or government accounting experience, including three years of management and administrative responsibility, and a bachelor’s degree in a related field are required. A CPA designation is highly desirable. Salary for the position is $8,600 ­ $10,457 per month plus an excellent benefits package. For a brochure and/or job application, call 805­473­5400 or visit the City website at www.arroyogrande.org. Filing deadline date: Friday, February 22, 2013.

Western City, February 2013

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Public Agency Attorney Ethics, continued

Another twist on this situation can happen when decision-makers pressure attorneys to modify their advice. Courts have recognized this phenomenon in the context of public service ethics legal advice and found that the advice of counsel is generally not a defense in prosecutions. J

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What if one fears that providing such advice in writing — so there is no question that it was given — will in itself put one’s job on the line? This is an indication that those in a position to act on that advice want to retain the option, if caught, to claim ignorance. It’s a short next step (and one that has O

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Headquartered in Los Altos, the District is a regional greenbelt system in the San Francisco Bay area comprised of over 60,000 protected acres of land in 26 open space preserves in San Mateo, Santa Clara, and Santa Cruz counties. This independent special district enjoys the benefits of a dynamic 7-member independently-elected Board, a politically stable environment, and an outstanding organization of 118 highly-competent and dedicated staff members. Appointed by the General Manager, the Assistant General Manager ($138,000-$172,000) and Public Affairs Manager ($108,000-$135,000) will serve critical roles at the District.

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Resumes acknowledged within two business days. Call Bobbi Peckham at (866) 912-1919 for more information. A detailed brochure is available at www.peckhamandmckenney.com. Filing deadline is March 4, 2013.

Tightening Your Belt? League of California Cities offers FREE Interim Candidate Searches. View Resumes Online Now! Connect with municipal veterans who can help meet your needs. Free for statewide agencies. No middle man — you contact applicants directly.

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Take the pressure off and visit MuniLink today!

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These examples are no-win situations. When faced with such a dilemma, however, it may well be longer-term career insurance to give the advice and put one’s job on the line if necessary. ■

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Assistant General Manager Public Affairs Manager Midpeninsula Regional Open Space District

been taken many times) to blame the attorney for not giving the advice.

Other Things Agency Officials Need to Know As indicated in the article, the holder of the attorney-client privilege is the agency. The State Bar Rules of Professional Conduct allow the client to waive that privilege as long as such consent is “informed.” Thus, a majority of the governing body can waive the privilege and allow an attorney to alert enforcement authorities about unlawful conduct. Such waivers can be made on a case-by-case basis. Alternatively, staff at the Institute for Local Government is pondering whether the waiver can occur for violations of ethics laws, for example as part of an agency’s adoption of its ethics policies. Also, the majority on a governing body can change over time. If an inquiry is made into why the agency or individual officials pursued an unlawful course of action, the subsequent majority may elect to waive the privilege and disclose what advice the attorney did and did not give.

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

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Perris Reaches Out to Make Sewer System Upgrade Possible, continued from page 15

City staff began by talking to individual residents and small groups in front of their homes. Residents asked questions and staff answered in plain non-bureaucratic language that was easy to follow. Staff spent entire days walking the neighborhoods in subsequent weeks, distributing flyers that detailed the project in English and Spanish. Residents began recognizing staff, who were becoming a familiar sight. Enthusiasm for the project built gradually. Building Support

Many residents were reluctant

Soon the residents’ children started passing out flyers in the neighborhood about the project. Those children also helped translate information to their Spanish-speaking parents on how the City of Perris and its partners planned to improve the quality of life in their community and encouraged them to support the project.

to allow government officials

ABOVE A city outreach worker explains the proposed sewer system to a resident. BELOW Flooding from leaking septic tanks was creating a public health hazard.

onto their property for any reason.

boom” of construction equipment outside his home, it was music to his ears. “I was so pleased the City of Perris was taking care of us,” he says. “It’s a great improvement over the way we had been living for many years,” adds Martha Ceja, a longtime resident.

Municipal Water District organized four community forums, conducted in both Spanish and English at a neighborhood school. Hundreds of residents attended each forum, where they had another opportunity to express their concerns. The city and its partners developed solutions to address them and then went back to the residents to explain their ideas.

Working with school district personnel, the city, Riverside County and Eastern

The campaign ultimately reached nearly every resident and gained the enthusiastic backing of more than 95 percent of homeowners. The project moved forward. A Win-Win Result Construction began in August 2011 and is slated for completion in mid-2013. When Enchanted Heights resident Roscoe Howard heard the “boom-boomP

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