Western City January 2017

JANUARY 2017 |

The Monthly Magazine of the League of California Cities®

®

2016 Legislative Year in Review p.12 Meet the League’s New Executive Director p.9 What You Need to Know About Legislative Advocacy and the League p.3

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CONTENTS Calendar of League Events 2 3 President’s Message

W hat You Need to Know About Legislative Advocacy and the League

2016 Legislative Year 12 in Review

By Dan Carrigg

espite another chaotic legislative D session, city officials can be satisfied that the League helped hold the line to preserve local control, revenue and flexibility and made progress in several areas.

By JoAnne Mounce

Keeping track of legislation and priority bills that affect your city is critically important for elected officials. The League provides an array of helpful tools to make this task easier.

7 City Forum

A Look at the League’s 2017 Strategic Priorities

By Dan Carrigg

he League is focusing on public T safety, affordable housing, the homelessness crisis and funding for critical transportation and water infrastructure.

Job Opportunities 21 Professional Services 30 Directory

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On the Record

Mayors and council members share their city’s top issue for the coming year.

Cover photo: Aneta Waberska/ Shutterstock.com; watercolor effect, Aurora Wienhold

Meet the League’s New 9 Executive Director

Carolyn Coleman is the League’s first female executive director and its fourth executive director since 1934. She brings over 25 years of experience in public service and advocacy to her new position.

Read Us Online Share links to articles and exclusive online resources with your colleagues. To view the magazine online exactly as it appears in print, click on the tablet icon in the upper right corner of the home page. www.WesternCity.com

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President JoAnne Mounce Council Member Lodi

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

Second Vice President Rich Garbarino Council Member South San Francisco

Immediate Past President L. Dennis Michael Mayor Rancho Cucamonga

Executive Director Carolyn Coleman

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

Magazine Staff Editor in Chief Jude Hudson, Hudson + Associates (916) 658-8234; email: editor@westerncity.com Managing Editor Norman Coppinger (916) 658-8277; email: ncoppinger@cacities.org Contributing Editor Eva Spiegel (916) 658-8228; email: espiegel@cacities.org Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256; email: maxwellp@cacities.org Administrative Assistant Kimberly Brady (916) 658-8223; email: kbrady@cacities.org Contributors Rony Berdugo Tim Cromartie Dane Hutchings Jason Rhine Jennifer Whiting

leaguevents January 18–20

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

19–20

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

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

Associate Editors Carol Malinowski Carolyn Walker

February

Design Taber Creative Group

8–10

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

Advertising Design ImagePoint Design For photo credits, see page 22.

23–24

Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2017 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume XCIII, No. 1.

Planning Commissioners’ Academy, Los Angeles 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.

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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.

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

March 1–3

22–24

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

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Supplied by Community Energy

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

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First Vice President James Goodhart Council Member Palos Verdes Estates

League of California Cities

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 JoAnne Mounce

What You Need to Know About Legislative Advocacy and the League Legislative advocacy plays a central role in protecting local control for cities. Local elected officials know how challenging it can be to keep up with developments at the state Capitol that affect our cities — especially when we are already deluged with information about community issues.

Legislators introduced 2,331 bills during the 2016 legislative session. The League monitored, tracked and worked on 1,349 of those bills.

Policy Advocacy page (www.cacities.org/ advocacy) on the League website. That page links to the site’s Hot Issues, Action Center and Bill Search pages.

Whether you are a seasoned council member with years of experience or new to legislative activities, keeping track of legislation and priority bills that affect your city is critically important. The League provides an array of helpful tools to make this task easier.

The “Hot Issues” list (www.cacities.org/ hotissues) comprises items of top priority for California cities.

Your letters and phone calls to your legislators and key policy-makers on legislation make a difference.

Track and Respond to Priority Legislation The League actively advocates for hundreds of bills each year on a wide range of legislative issues of interest to cities.

You can access a wealth of user-friendly information and resources through the

You can find a list of bills requiring action by cities on the League’s online Action Center (www.cacities.org/takeaction). To use the action center, simply select the bill or issue that you are interested in, and the center provides a sample letter and talking points ready for you to customize.

The bill search feature provides basic information on a bill, such as its text, history, status, hearings, votes and more. It includes the League’s position on the bill, the name of the lobbyist who is tracking it, and copies of any letters the League has sent about the bill. The Bill Search page links to “hot” bills, “watched” bills

and bills on which the League has taken a position. In addition, the page lists bills organized by League policy committee areas of interest — for example, under Public Safety you can find not only public safety bills and those on which the League has taken a position, but also a calendar of League public safety bills and floor events.

Sign Up for the Mobile Advocacy App The League launched a first-of-its kind mobile advocacy app in spring 2015 to help city officials advocate with a united voice on key city-related legislation. The app pushes out action alerts and lets users take direct action via their mobile devices. Although anyone can download the League app, the Legislative Advocacy section within the app is exclusively for city officials who volunteer to be part of the League’s Legislative Advocacy Team. Contact your regional public affairs manager to continued

www.westerncity.com

Western City, January 2017

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What You Need to Know About Legislative Advocacy and the League, continued

join hundreds of city officials who are already part of this growing effort. You can find your regional public affairs manager at www.cacities.org/regionalmanagers.

“City officials’ ability to reach a legislator’s office quickly during a crucial vote complements the work of the League lobbyists in the state Capitol and the grassroots efforts of the League’s regional public affairs managers,” says Bismarck Obando, public affairs director for the League. “We encourage city officials to join the Legislative Advocacy Team to help strengthen the voice of cities.”

Work With Your Regional Public Affairs Manager Take advantage of the resources your League regional manager can provide. Your regional manager specializes in building local networks around key legislative issues. These networks include

business groups, developers, unions, the local chamber of commerce, neighborhood associations, library groups, parks and recreation users, and more. Invite your regional manager to join you when you meet with these groups.

Build new partnerships with regional and local stakeholders. As city officials, you have the support of community-based organizations (CBOs) and third-party stakeholders that helped you get elected or appointed. These same CBOs and third-party stakeholders have constituents who can help advocate for you, your city and the League on key legislative issues and ballot initiatives. Connect these groups with your regional public affairs manager to work collaboratively in advocating to legislators, serving as media spokespersons, conducting and attending press conferences, and helping League coalition efforts grow.

Develop a Relationship With Your Legislators Get to know your Senate and Assembly representatives and their staff both at their district and Capitol offices.

Learn about their background and what motivates them. One of the most helpful things you can do — both for your city and your legislator — is become a resource to them. By educating them on issues facing your city and providing them with regular updates, you build your credibility and make their work a little easier.

Meet regularly with your legislators both in Sacramento and in the district.

Don’t wait to meet with them until there is a problem or you want something.

Throughout the year, brief them on the League priority issues, topics of importance at the local level and how much their support of local control means.

Praise in public, criticize in private.

If your legislator has a good record on local control, thank him or her. If he or she has a less than stellar record, ask why. Just remember to think carefully about how you and the League can work with your legislator without burning any bridges.

Use the League’s online Advocacy Center (www.cacities.org/takeaction) to identify or contact your legislators.

Attend Legislative Action Day

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League of California Cities

The League’s Legislative Action Day event in Sacramento on Wednesday, April 19, 2017, offers an excellent opportunity to learn the latest information about what’s happening in the state Capitol and how it will impact your city. Legislative Action Day sessions cover pending legislation of greatest importance to cities, with

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

www.cacities.org

Your letters and phone calls to your legislators and key policy-makers on legislation make a difference.

presentations from legislators, state leaders and League staff. Immediately following the briefings, use this information and meet with your legislators to discuss your city’s needs and priorities. Be sure to schedule appointments with your legislators well in advance.

Advocate at the Federal Level, Too The League website provides information about its federal priorities and issues at www.cacities.org/federal, including copies of letters and sample letters, additional federal legislative information and helpful links to the National League of Cities, the California congressional list and related resources.

Although the basic process for advocating at the federal level is similar to that for the state level, significant differences exist. As cities pursue opportunities on the federal level, understanding the nuances and differences between the federal and state legislative processes is key to advancing your objectives with your federal elected officials. For a detailed explanation and tips, read “Effective Advocacy: What City Officials Need to Know About How Congress Works” online at www.westerncity.com.

www.westerncity.com

Civic Engagement Is Also Vitally Important to Advocacy Engaging your constituents and community is another way to strengthen your city’s legislative advocacy efforts. Reach out to your residents and neighborhoods, and help them understand your city’s key issues. Encourage them to contact their state and federal elected representatives on legislation that directly affects their community and quality of life.

The Institute for Local Government (ILG), the League’s nonprofit research affiliate, offers tools and information for local officials seeking to increase civic engagement. Visit the ILG website’s Inclusive Public Engagement page (www. ca-ilg.org/inclusive-public-engagement) to access tip sheets and resources to help your city effectively plan and implement public engagement strategies.

Make Your City’s Voice Heard Take a little time to make legislative advocacy part of your city’s regular activities and ongoing priorities. The League and its staff are here to help you and welcome your questions. Your involvement makes a significant difference. ■

Legal Advocacy Program Complements Legislative Advocacy The League engages in advocacy on behalf of cities before the appellate courts through its Legal Advocacy Program because laws affecting cities are made in the courts as well as in the Legislature. The League receives counsel on its amicus (friend-of-thecourt) efforts from its Legal Advocacy Committee, which is composed of city attorneys from throughout the state.

The League weighs in on legal issues when its participation is likely to affirmatively advance cities’ collective legal interests by establishing legal precedent that will help cities serve their communities more effectively.

Whenever possible and to maximize the effective use of limited resources, the League collaborates with other local agency associations and organizations to achieve mutually desired legal outcomes through the Legal Advocacy Program. To learn more, visit www.cacities.org/attorneys.

Western City, January 2017

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Thank you to all of the 2017 League Partners Platinum ($15,000+) 1,2

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Sherwin-Williams Wells Fargo Western States Petroleum Association Young Homes2

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EMS Management2 Fascination Ranch2 Goldfarb & Lipman LLP Joe A. Gonsalves & Son2 Greenwaste Recovery Inc.2 HR Green2 Harris & Associates2 Interwest Consulting Group Inc. Kronick Moskovitz Tiedemann & Girard

Mintier Harnish1 Mt. Diablo Recycling2 Northrop Grumman Prometheus Real Estate Group Inc.2 Public Financial Management Inc. James Ramos Robson Homes LLC2 San Manuel Band of Mission Indians2

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Carpenter/Robbins Commercial Real Estate Inc.2 Colantuono Highsmith & Whatley PC2 Desert Valley Medical Group Inc./Prime Healthcare2 E&J Gallo2 Edgewood Partners Insurance Center Fieldman Rolapp & Associates FirstSouthwest Geo-Logic Associates2 Greystar2 Griswold LaSalle Cobb Dowd & Gin LLP

Hill International2 Holliday Rock Company ISES Corporation Library Systems & Services LLC Los Angeles Yellow Cab Madaffer Enterprises1 Marin Sanitary Service2 Matarango Inc.2 McKinstry Mid Valley Disposal2 Mitsubishi Cement2 Bob Murray & Associates

California Independent Petroleum Association California Refuse Recycling Council Civil Engineering Associates2 Classic Communities2 Cost Control Associates Inc. Cunningham Davis2 Desert Valleys Builders Dokken Engineering2 Emanuels Jones and Associates Fard Engineers2 Fresno Police Officers Association

GHD Inc.2 Gilton Solid Waste2 Josie Gonzales2 Hospital Council of Northern California Innisfree Ventures2 J.R. Roberts/Deacon Inc.2 Jamboree Housing Corporation Jones Hall2 Jones & Mayer Kasdan Lippsmith Weber Turner LLP Kosmont Companies LaBarge Industries2

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1 – Institute for Local Government supporter 2 – CITIPAC supporter Partial list as of 11/30/2016

A Look at the League’s 2017

Strategic Priorities

by Dan Carrigg

Each year the League’s board of directors and leaders of its divisions, departments, diversity groups and policy committees select several strategic priorities to help focus the organization’s work in the coming year. The 2017 priorities developed by the League’s leaders are presented here with some brief context for cities.

1. Increase Funding for Critical Transportation and Water Infrastructure. Provide additional state and federal funding and local financing tools — such as reducing the vote threshold for local initiatives — to support California’s economy, transportation (streets, bridges, trade corridors, active transportation and transit) and waterrelated needs (supply, sewer, stormwater, flood control, beach erosion, etc.) including maintenance and construction.

Support appropriate streamlining of stormwater regulations and the California Environmental Quality Act (CEQA) to avoid duplication and reduce litigation.

Existing funding mechanisms designed to maintain state and local transportation and other infrastructure and accommodate a growing population have not kept up with demand. Our network of streets, roads and bridges is deteriorating, and addressing such shortfalls is critical to our economic future. Local governments face additional challenges in funding infrastructure due to constitutional provisions requiring two-thirds voter approval.

These limitations are more restrictive than those that apply to state investments or school construction and have the perverse effect of making sprawling greenfield development (where there are few or no voters) easier than repairing infrastructure in infill areas where most residents live.

2. Develop Realistic Responses to the Homelessness Crisis.

Increase state and federal funding and support to provide additional shelter and services to California’s homeless individuals, and advance the recommendations of the joint California State Association of Counties-League Homelessness Task Force.

The homelessness crisis is related to the lack of affordable housing (addressed in the next priority). It is also a symptom of larger economic issues and an insufficiently coordinated social services network in which veterans, people with mental illness and others fall through the cracks. Cities and counties are working together to address this complex issue locally, but expanded state assistance with this chronic problem is needed to provide shelter for those in need. For more details, see the Homelessness section of the “2016 Legislative Year in Review” article on page 27. continued

Dan Carrigg is deputy executive director and legislative director for the League and can be reached at dcarrigg@cacities.org.

www.westerncity.com

Western City, January 2017

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A Look at the League’s 2017 Strategic Priorities, continued

3. Improve the Affordability of Workforce Housing and Secure Additional Funds for Affordable Housing. Increase state and federal financial support, reduce regulatory barriers, and provide additional incentives and local financial tools to address the affordability of workforce housing and increase the availability of affordable housing.

California faces many affordable housing challenges, which have been compounded by the elimination of redevelopment agencies and over $5 billion in funding since 2011. The state has never had a significant permanent source of affordable housing funding, and proceeds from the 2006 housing bond have long been expended.

Despite a significantly improved state budget assisted by a multibillion dollar annual infusion of income tax from high-wage earners, local communities have essentially been left on their own to respond.

And other factors — many of which are beyond the control of cities — are affecting housing construction trends and affordability. The economic recovery since the last recession, when many middle-income families lost their homes to foreclosures, has principally occurred in high-tech industry in coastal areas.

Manufacturing and blue-collar jobs have not fully rebounded, and the expanding service sector jobs pay less. Mortgage underwriting standards have tightened and college graduates are burdened with debt, further reducing market demand. Moreover,

during the recession some housing builders went out of business, limiting supply. These and other factors have contributed to a lag in housing construction.

Policy responses in California must start with restoring a sufficient source of affordable housing funding. For a more detailed discussion, see the Housing section of the “2016 Legislative Year in Review” article on page 16.

4. Address Public Safety Impacts of Reduced Sentencing Laws, Protect Local Priorities in the Implementation of the Adult Use of Marijuana Act (AUMA), and Preserve City Rights to Deliver Emergency Medical Services.

Provide tools and resources cities need to respond to recent changes in statewide criminal sentencing policies. Protect local priorities during development of regulations and legislation to implement the AUMA. In addition, continue to preserve city rights to deliver emergency medical services (Health and Safety Code 1797.201).

Since 2011 California has been releasing large numbers of prisoners, resulting from court orders to reduce state prison overcrowding and the realignment of some felons to county jails to reduce state costs.

Subsequently two initiatives passed: Proposition 47 (2014) reduced penalties for some crimes, and Prop. 57 (2016) increased parole opportunities for certain felons who may have a history of violence.

Collectively these changes mean that many more individuals who would otherwise be in jail or prison are now on the Specialty Lawyers Helping Public Entities streets. City police and elected officials are increasingly concerned about the public Overcome Pioneering Challenges safety impacts of these decisions and lack of adequate safety net protections that cause local residents to bear the burden of Construction risk. Effectively implementing the AUMA and delivering emergency medical services Crisis Management are other major priorities.

Eminent Domain

Environmental Law First Amendment Labor and Employment Land Use Litigation Marijuana Law Public Contracts Public Finance Water Law Workplace Investigations

Conclusion Infrastructure, assisting homeless people, improving affordable housing and protecting public safety are critical to maintaining and improving the quality of life in our cities and state. We welcome your ideas and suggestions as we tackle the work ahead in 2017. To learn more, visit www.cacities.org. ■

Legislative Advocacy Tips

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League of California Cities

For an overview of legislative advocacy activities your city can participate in, read “What You Need to Know About Legislative Advocacy and the League” on page 3.

www.cacities.org

Meet the League’s New

Executive Director The League welcomed Carolyn Coleman in mid-December 2016 as its new executive director. Coleman comes to California having served as the director of federal advocacy for the National League of Cities (NLC) in Washington, D.C., for the past decade. She is the League’s first female executive director and its fourth executive director since 1934.

Coleman brings over 25 years of experience in public service and advocacy to her new position. A graduate of the University of Kansas, she completed her law degree at Indiana University and practiced law in the private sector. Prior to her work with NLC, Coleman served as deputy mayor for the City of Indianapolis, where she focused on economic development, infrastructure and community outreach.

January is Executive Director Coleman’s first full month leading the League. In November 2016 Western City met with her for a brief interview.

The League of California Cities is considered one of the pre-eminent municipal leagues in the nation. What characteristics contribute to this reputation?

Through my work at NLC, I’ve been acquainted with the California League for nearly a decade. It is a highly respected organization with a strong reputation inside and outside California for actively serving its members and its influential advocacy at the state and federal levels.

Progressive and entrepreneurial are also words that come to mind.

What are you doing to come up to speed on California issues?

Although my work as executive director formally begins in mid-December 2016, in November I began splitting my time between my home in the Washington, D.C., area and California to attend the League’s annual strategic goal-setting session and meetings with city officials, League staff and others. League President JoAnne Mounce shared her insights and showed me firsthand in the City of Lodi how her community has transformed its downtown. These meetings provided a great opportunity to meet many of the League’s leaders and learn about the pressing issues facing their communities. continued

Carolyn Coleman brings a wealth of experience in local government and advocacy to her new position.

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Meet the League’s New Executive Director, continued

I also met with the League’s regional public affairs managers, who serve as the League’s eyes and ears statewide. Their efforts are key to the League’s ability to be nimble and responsive to our members.

Following virtually every California online news service has also brought me up to speed on California issues, thanks to the help of Eva Spiegel, the League’s communications director.

In the coming weeks the League’s officers, legislative team and I will begin a series of outreach meetings with the state’s legislative leaders in Sacramento.

What kinds of opportunities would you like to see the League take advantage of in terms of effecting positive change and achieving its goals?

Subscribe to the publication read by California’s leaders Western City is the pre-eminent source featuring California city government.

The monthly magazine presents big picture policy issues and trends in a format suited for busy professionals, with concise feature articles and in-depth series focused on statewide issues.

Subscribe online at

www.WesternCity.com or call us at (916) 658-8223.

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League of California Cities

To stay relevant, it’s important for organizations like the League to regularly review how we facilitate opportunities for our members to engage with us and each other. We have a great reputation for convening city officials in person to forge solutions to common issues and learn from one another. However, travel costs and time can be a barrier to traditional face-toface meetings. The League is already using webinars and online training, and we’ll be examining how we can take even greater advantage of technology to continue expanding city officials’ options for engaging in League-sponsored activities.

How will your tenure at the National League of Cities influence your leadership of the League of California Cities?

Cities are at the center of the action and are the economic engines of our country.

They are where innovation is happening, where families are raising their children and where the rubber meets the road.

Cities are also the most trusted level of government. City officials can’t afford to wait for permission or someone else to solve their problems. They ran for office to make a difference; they won’t stand down and let other levels of government or circumstances impede their progress. They expect the League to do the same — because not only are cities stronger together, but the League and cities are, too.

In what areas do you see an opportunity for the League to engage at the federal level?

In this year’s presidential election campaigns, we didn’t hear a lot about what the candidates would do to address city priorities for infrastructure investment, public safety or the economy. We also didn’t hear enough about the candidates’ visions for the role of cities in their administration or how they would engage with cities if elected.

Now that we have a president-elect, the League and city officials can partner with NLC in engaging with transition team members, members of the new administration and Congress to educate them about city priorities and federal solutions.

The earlier we do this, the better. We can help set the tone for the relationship between cities and President-Elect Trump’s administration over the next four years.

Despite the deep divisions in our country that the election revealed, I think there’s consensus at the federal level about the need for greater federal infrastructure investment in our cities and towns. By mentioning this in his victory speech, President-Elect Trump signaled that this could be a priority for his administration.

He said, “We are going to … rebuild our highways, bridges, tunnels, airports, schools, hospitals. We’re going to rebuild our infrastructure, which will become, by the way, second to none. And we will put millions of our people to work as we rebuild it.” We could see a proposal introduced in the first 100 days of his administration. If so, the League needs to be at the table to help make sure that any infrastructure package considered preserves local authority and directs more resources to the local level and not just through the states.

What do you see as the major focus of your efforts in 2017?

Getting to know our League members statewide, the organization and staff, our partners and legislators. It will be a busy year, and I’m eager to begin.

www.cacities.org

In the coming weeks the League’s officers, legislative team and I will begin a series of outreach meetings with the state’s legislative leaders in Sacramento.

How can city officials be most effective in advocating for their cities?

By telling their stories in letters to legislators and the media — on social media, at press conferences and in testimony, to name a few places. All politics is local, and there’s no substitute in the advocacy process for the city official’s viewpoint on how a specific action by the Legislature will help or harm a community and its residents.

Some city officials might think that because the League is lobbying for cities, they don’t need to. This isn’t the case. Though the League’s lobbyists and leaders have important roles to play in the process, whether I’m talking about Washington or Sacramento, legislators want to hear from the city officials whose jurisdictions will be impacted by their decisions. Together, we can be a very influential force. If we don’t stand up for our communities, we can’t expect others to do so.

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What activities do you enjoy in your free time?

Besides my passion for cities, especially those in California, I enjoy playing the piano (mostly classical music), hosting small dinner parties for friends and finding time for the gym, a bike ride or a walk. ■

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Western City, January 2017

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20 Legislative Yea

Success in California politics can be difficult to define, so perspectives on the 2016 legislative year vary. Those who value a stable and disciplined state budget are pleased because Gov. Jerry Brown again resisted new spending proposals and squirreled away excess revenue into the reserve fund. Advocates for aggressive efforts to reduce greenhouse gas emissions savored victory with the passage of SB 32 (Pavley, Chapter 249, Statutes of 2016), which ratchets up state goals. Labor interests scored major wins, increasing the minimum wage to $15 per hour and requiring overtime for farmworkers. A $2 billion financing plan to help house

mentally ill homeless individuals, which the League supported, also succeeded.

Yet other major items remain undone.

The goalposts for achieving a major transportation funding package continue to move, the vacuum created in affordable housing funds by the loss of redevelopment remains unfilled, and questions linger about the future prospects of highspeed rail, the Delta tunnels and cap and trade. Despite another chaotic legislative session, however, city officials can be satisfied that the League helped hold the line to preserve local control, revenue and flexibility and made progress in several areas.

Legislative Changes

Term limits continue to change the face of the Capitol as more legislators, now able to serve a total of 12 years in either house, enter office.

In the Assembly, the transition is now complete. In the final hours of the 2016 session, many heartfelt goodbyes and accolades were given to terming-out members subject to six-year limits. This cleared the way for two young leaders — Assembly Speaker Anthony Rendon (D-Lakewood), eligible to serve until 2024, and Assembly Member Chad Mayes (R-Yucca Valley), eligible to serve until 2026 — who are

Dan Carrigg is deputy executive director and legislative director for the League; he can be reached at dcarrigg@cacities.org.

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016 r in Review positioned to bring longer-term operational and policy stability to their houses.

New Legislative Interactions With Ballot Measures

In the Senate, a similar transition is occurring at a slower pace. Some former Assembly members, such as former Speaker Toni Atkins (D-San Diego), have been elected to the Senate where they remain eligible, under the former term limits, to serve up to eight years. Established leaders such as Senators Mark Leno, Loni Hancock, Lois Wolk, Bob Huff, Carol Liu and others have now left office.

And more change is on the way in the 2017–18 session because Senate Republican Leader Jean Fuller (R-Bakersfield) and Senate President Pro Tem Kevin de León (D-Los Angeles) both term out in 2018.

Recent legislation affecting the state initiative process created new dynamics affecting ballot measures. Those who think 17 measures were too many for the November ballot can thank SB 202 (Hancock, Chapter 558, Statutes of 2011), which required initiative measures to appear only on statewide general election ballots. And SB 1253 (Steinberg, Chapter 697, Statutes of 2014) created new opportunities for the Legislature to interact with and leverage the initiative process.

www.westerncity.com

Prior to SB 1253, legislators were bystanders in the initiative process. They could hold hearings only on initiatives that had qualified for the ballot. These

by Dan Carrigg

were sideshows with no real political effect, but SB 1253 changed that. Now, after 25 percent of the required signatures are gathered, the secretary of state notifies the Legislature, which may then begin the committee hearing process.

Early interaction can now occur between the Legislature and ballot proponents prior to an initiative qualifying; proponents may also pull a measure with the required number of signatures off the ballot within established time frames.

The Legislature’s new role emerged during the 2016 session in debates over raising the minimum wage, the school bond and a legislative transparency measure. On the minimum wage, labor continued

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groups had competing proposals headed for the November ballot, and Gov. Brown was concerned about the impacts of a wage increase on the state’s General Fund.

Labor groups, however, had leverage because the initiatives polled well. This dynamic resulted in Gov. Brown agreeing to raise the minimum wage via legislation and labor groups pulling their initiatives off the ballot. With the school bond, some legislators attempted to convince the proponents of Prop. 51 to agree to a refocused and smaller bond, but there was insufficient legislative support due to the political strength of the proponents’ coalition. The Democrats also proposed alternatives to Prop. 54, a measure focused on increasing legislative transparency, but failed to succeed when Republicans refused to go along.

Despite these interactions — given its newness, leadership changes and other distractions — the Legislature did not appear to use the leverage provided by SB 1253 to its full potential. But with lessons learned in 2016, look for the Legislature to exercise its new influence over initiative proponents more aggressively next time around.

No Budget Drama Those looking for drama around the state budget — like past stories of members locked in the chambers and sleeping on desks — will be disappointed. Over the past few years, the budget has become quite predictable. In January, with revenues up over projections, Gov. Brown played contrarian, using historical graphs showing the crazy red-ink days of the past. He rejected new spending expansions and advocated for increasing reserves to

prepare for the eventual downturn. He also outlined all the state’s spending commitments that needed to be paid for, including some recently enacted by the Legislature. Republicans generally supported this approach, while Democrats analyzed and questioned Gov. Brown’s numbers and advocated for spending on numerous priorities. But by June 15, after some back-and-forth negotiations, Gov. Brown got what he wanted on spending and boosting the reserves, and everyone left for summer recess.

The roots of this dynamic are based on two things. First, Gov. Brown is determined to preserve his legacy of cleaning up the past state budget mess and leaving office with the state’s improved fiscal condition intact. Second, legislators lost most of their leverage over a governor with the passage of Prop. 25 (2010). For legislative power, Prop. 25 was a two-edged sword — it authorized a majority-vote budget but also required legislators to forfeit their salary for every day the budget is late. In prior battles, a legislator’s pay was

Positioning Your City for Advocacy in 2017 “A Look at the League’s 2017 Strategic Priorities” on page 7 highlights what’s ahead for California cities this year. For an overview of helpful advocacy tools and activities that your city can participate in, read “What You Need to Know About Legislative Advocacy and the League” on page 3.

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just “suspended” until legislators agreed on a budget; they could drag things out and still recoup all their pay. Now they lose it permanently, which makes a big difference.

At $122.5 billion, the 2016 budget was the largest in California’s 166-year history. Nevertheless, the political tone was positive. Though Republicans opposed the budget bill, arguing that it was too big and that the state is not prepared for the next economic downturn, the floor debates were good-natured, and trailer bills passed with bipartisan support.

Gov. Brown achieved his objectives with a $2 billion boost for the state’s rainy day reserve (now over $7 billion) and other agreements that limit new and ongoing spending. Democrats secured an additional $100 million for child-care and preschool programs; a funding mechanism to build housing for homeless people (a proposal the League strongly supported) by allowing some Prop. 63 mental health funds to be used to fund a $2 billion revenue bond; the repeal of the monetary limit on welfare payments for people who have more children while

collecting welfare; and an investment in clean drinking water.

Overall, the budget agreement was good news for cities. It included $20 million for local law enforcement grants that did not come easily. A lobbying effort conducted in partnership with the California Police Chiefs Association headed off an effort to reduce or eliminate these funds, which will be used to focus on improving interactions with homeless and other high-risk populations. The budget also allocated cap-and-trade funds totaling $1.2 billion, of which $400 million went to affordable housing in sustainable communities and other allocations to transit and high-speed rail. Gov. Brown rejected a proposal by Assembly Democrats for $1.3 billion for affordable housing, then countered in the May Revise with a “by right” proposal that would limit public engagement, design and environmental review related to certain housing projects in exchange for a one-time $400 million allocation for affordable housing construction. Labor, environmental groups and cities opposed the loss of public engage-

ment and environmental review, and the Legislature did not include it as part of the budget.

Transportation When 2016 began, prospects were bright for reaching agreement on a transportation funding package — legislators had various proposals, Gov. Brown’s special session was still in effect and everyone agreed the problem needed to be solved.

Nevertheless, the session ended in August with nothing having been accomplished, but not due to a lack of effort. The League and other stakeholders in the Fix Our Roads Coalition participated in numerous meetings, press conferences, legislative briefings and social media campaigns as the months passed. Other priorities eclipsed transportation funding — first, it was straightening out the managed care organization tax issue, then it was the minimum wage agreement, then the budget, then limitations on access to ammunition and guns, and then the summer recess. continued

One bright spot in affordable housing was the passage of the No Place Like Home measure.

www.westerncity.com

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2016 Legislative Year in Review, continued

In August, however, some progress occurred when the chairs of the Senate and Assembly Transportation Committees, Sen. Jim Beall (D-San Jose) and Assembly Member Jim Frazier (D-Oakley), introduced legislation into the Special Session on Transportation that would generate $7.4 billion annually for the state’s transportation network. This total included $2.5 billion for local streets and roads. Supported by the League, SBx1 1 (Beall) and ABx1 26 (Frazier) mirrored each other and offered a balanced approach to funding road maintenance and repair coupled with significant reforms. After the Legislature adjourned the 2015–16 regular session, the special session continued until Nov. 22, but no transportation funding deal was reached.

The governor and legislative leaders committed to continue efforts in 2017.

The Fix Our Roads Coalition, which the League co-founded, continues working with legislators and stakeholders to pass a workable and sustainable transportation funding package. Cities should remain focused on transportation issues and watch for updates from the League.

Housing What a difference a few years make in boom-and-bust California. Seven years ago the unemployment rate was double digit, and many homeowners were “upside down” on equity. Short sales and foreclosures were everywhere. Prices were discounted up to 40 percent, which made purchasing a home “affordable” for many households. Since then, prices skyrocketed as the state recovered from the recession — especially in coastal areas where a high-tech job boom created bidding wars for wellpaid employees jockeying to live in the best locations. But in the Central Valley

and Inland Empire, housing affordability remains more realistic and reflects a less robust economy, higher unemployment rates and a slower recovery.

The massive withdrawal of resources for affordable housing contributed to this affordability crisis. With the elimination of redevelopment agencies, local agencies lost over $5 billion for affordable housing since 2011 — with no foreseeable significant source of ongoing affordable housing funding. The proceeds of the 2006 state housing bond are also gone.

Compounding these factors, the federal government has been backing out of funding affordable housing since the 1980s.

Despite the state budget flourishing in recent years due to infusions of income tax, no significant funds (other than some cap-and-trade dollars) have been allocated for affordable housing.

The League appreciates the leadership of Sen. Jim Beall and Assembly Member David Chiu (D-San Francisco) as chairs of the Senate and Assembly Housing Committees, who have been advocating for affordable housing funding. Assembly Member Chiu championed a $300 million expansion in state housing tax credits and led his caucus in an effort to secure a one-time allocation of $1.3 billion in state surplus budget funds.

Sen. Beall proposed a $3 billion housing bond. Former Speaker Toni Atkins proposed that half of the state’s savings from eliminating redevelopment should go to affordable housing.

related to housing projects with minimal amounts of affordable housing. Due to legislators’ concerns over this aggressive effort to undermine state environmental policies, laws and public input — and strong opposition from labor, environmental groups and the League — the effort failed to gain traction.

One bright spot in affordable housing was the passage of the No Place Like Home measure led by Senate President Pro Tem de León, which earmarks a portion of Prop. 63 mental health dollars to fund a $2 billion revenue bond to help house homeless people with mental illness.

The League recognized Senator de León as its Legislator of the Year for his efforts.

Other legislators tinkered with various aspects of local planning and land use, including tightening laws affecting litigation over denied projects, another set of changes to the Density Bonus Law, housing elements and second units.

Though the League was able to secure amendments and take a neutral position on most of these measures, it remained

Regrettably all these efforts supported by the League stalled, and the last half of the session was spent sparring over Gov. Brown’s “by right” housing proposal, which proposed to limit public engagement, design and environmental review

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opposed to SB 1069 (Wieckowski, Chapter 720, Statutes of 2016), which undercut local parking requirements associated with second units and was signed into law by Gov. Brown.

With another robust discussion of affordable housing anticipated in 2017, cities should be prepared to continue defending against efforts to dictate land use from the state level and erode the role of community-based planning. The League hopes some of the incentive-based concepts that it floated in 2016 will gather momentum, such as: • Establishing a state revolving fund that can be used to update Specific Plans and complete upfront environmental reviews on targeted housing sites adjacent to transit and areas consistent with SB 375 (Steinberg, Chapter 728, Statutes of 2008).

Such a process would allow for full community engagement and environmental analysis. Following that, development of those parcels would be expedited via existing laws; • Rewarding local agencies that approve higher density housing in designated areas by helping it “pencil out” against service costs by shifting 10 percent of the increased property tax accruing from the approved development to the approving city or county; • Developing a state-local matching funding program for infill development-related infrastructure that more

adequately fills the gaps in urban renewal tools left by the loss of redevelopment; and • Establishing a real, substantial and ongoing source of affordable housing funding.

Environmental Issues 2016 was all about greenhouse gas reduction and cap and trade. Environmental groups celebrated a major victory when an agreement was forged to increase the state greenhouse gas reduction goals. Though cap-and-trade funds were allocated, the program’s future remains uncertain.

After a similar effort stalled on the Assembly floor in 2015, a compromise was reached as SB 32 (Pavley, Chapter 249, Statutes of 2016) and AB 197 (E. Garcia, Chapter 250, Statutes of 2016) cleared final legislative hurdles in the face of strong opposition from business groups, oil companies and agricultural interests.

SB 32 provides the California Air Resources Board (CARB) with authority to limit statewide greenhouse gas emissions equivalent to at least 40 percent below 1990 levels by 2030. However, SB 32 does not explicitly extend the cap-and-trade program. Gov. Brown unsuccessfully attempted to insert last-minute amendments into SB 32 to clarify that the program shall continue beyond 2020.

AB 197 establishes a new Joint Legislative Committee on Climate Change Policies to provide ongoing, permanent oversight of the implementation of the state’s climate policies and the Greenhouse

Gas Reduction Fund. The committee comprises at least three senators and three Assembly members. The bill also made substantial changes to CARB by imposing six-year term limits on voting members and adding two members of the Legislature as nonvoting ex officio members, one appointed by each house.

Uncertainty continues about the cap-andtrade program’s future in light of a steep decline in revenues from recent auctions and a pending court case challenging the legitimacy of the funds absent a legislative two-thirds vote. At a press conference announcing the passage of SB 32 and AB 197, journalists asked Governor Brown about the fate of the cap-and-trade program.

He said SB 32, which empowers CARB to force greenhouse gas emitters to take action or face penalties, provides leverage to lawmakers to reach a deal with opponents of the cap-and-trade program who would prefer such a program over more rigorous regulations to reduce pollution.

Gov. Brown warned, “They’re going to plead for a market system.”

With SB 32’s aggressive reduction goals now in place, major regulatory battles and debates over their economic impacts can be expected in 2017 as the tension increases between these goals and practical and fiscal realities.

Though disputes continue over the program’s overall fate, the Legislature succeeded in allocating $900 million in discretionary funds that had accumulated over a two-year period and passed AB 2722 (Burke, Chapter 371, Statutes continued

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of 2016), a measure that establishes the programmatic framework for the new Transformative Climate Communities Program (TCCP), which received funding from the cap-and-trade expenditure program. The TCCP is very similar to a program that the League, the California State Association of Counties (CSAC), the Local Government Commission and others have advocated for during the past three years. The TCCP provides funding to develop and implement neighborhoodlevel climate community plans that include multiple coordinated greenhouse gas emissions-reduction projects that provide local economic, environmental and health benefits to disadvantaged communities.

Gov. Brown also signed AB 1550 (Gomez, Chapter 365, Statutes of 2016), which increases to 35 percent the amount of cap-and-trade auction proceeds that must be spent in disadvantaged or lowincome communities.

Two League-opposed measures in related areas ended well after massive lobbying efforts. AB 2693 (Dababneh, Chapter 618, Statutes of 2016) sought to eliminate the senior lien status of Property Assessed Clean Energy (PACE) loans; it was converted into a League-supported measure enhancing existing consumer protections and disclosures and signed by Gov. Brown.

SB 1387 (de León) proposed adding additional state appointees to the regional South Coast Air Quality Management District board but stalled on the Assembly floor.

League Initiatives in Other Areas Elections and voting. The League’s efforts to develop additional options and protections for communities concerned with rampant litigation filed by attorneys alleging violations of the California Voting Rights Act (CVRA) finally produced results. This followed several years of battles over legislation authored by Assembly Member Roger Hernández (D-West Covina), which attempted to mandate that cities with a population over 100,000 shift from “at large” to district election systems.

In 2016, however, Gov. Brown’s signature on AB 2220 (Cooper, Chapter 751, Statutes of 2016), a League-sponsored measure, finishes the work started with the passage of SB 493 (Cannella, Chapter 735, Statutes of 2015), which the League also helped shape. AB 2220 provides all cities with the option of switching to districts by ordinance rather than incurring the delays, uncertainties and exorbitant legal fees associated with waiting for the next election. This flexibility is similar to options

Plan Now for Legislative Action Day Set time aside now to attend the League’s Legislative Action Day event in Sacramento on Wednesday, April 19, 2017. Hear from legislators, state leaders and League staff about the latest developments affecting cities. Meet with your legislators following the presentations to discuss your city’s priorities and concerns. (Schedule your appointments well in advance.)

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already available to school districts and community colleges facing CVRA challenges. After months of negotiations, the League also successfully secured amendments to AB 350 (Alejo, Chapter 737, Statutes of 2016) that provide “notice and cure” protections from exorbitant legal fees for communities facing CVRA challenges. The League applauds Gov. Brown, Assembly Members Luis Alejo and Jim Cooper and the wide range of stakeholders who helped forge agreement on these measures.

Economic development. Continued progress on economic development unfolded as Gov. Brown signed AB 2492 (Alejo and E. Garcia, Chapter 524, Statutes of 2016) and AB 806 (Dodd and Frazier, Chapter 503, Statutes of 2016).

AB 2492 makes several improvements to the previous year’s AB 2 (Alejo and E. Garcia, Chapter 319, Statutes of 2015), which authorized the creation of the Community Revitalization and Investment Authorities (CRIA) and restored redevelopment authority to local agencies to assist lower-income and deteriorated areas within a community. AB 806 provides additional flexibility to local communities seeking to expand economic development and clarifies that loan, lease and sale agreements and property acquisition are

included in the range of options a community may employ to advance economic development; it also allows acquired properties to be disposed of for “fair reuse value.” Regrettably, Gov. Brown vetoed AB 2728 (Atkins), which attempted to extend the sunset date of and make other changes to the California Organized Investment Network (COIN) program that offers tax credits to insurance companies investing in lower-income communities.

Employee relations. Given the significant influence of labor organizations in the Capitol, employee relations policy is always a busy area of activity. League priorities included stopping additional mandates and proposals that increased costs or eroded local flexibility. Though many bills were introduced, concerns were often addressed by collaborative efforts to obtain necessary amendments or by working with coalitions of other public and private employer groups to provide factual information on local costs and policy impacts to decision-makers in the Legislature and governor’s office. This strategy resulted in the most troublesome proposals being neutralized with amendments, stopped in committee or vetoed.

Significant energy was expended on issues related to the U.S. Supreme Court’s 4-4

ruling in the controversial Friedrichs v.

California Teachers Association, which challenged the collection of “fair share” or “compulsory” union fees from nonunion employees. Organized labor responded with AB 2835 (Cooper), co-authored

by Democratic leaders. The measure was amended in August and would have required that all public employer labor organizations be allowed 30 minutes of paid time to organize new hires. The League and its public employer counterparts strongly opposed the effort. Aside from the loss of local control, concerns included logistical challenges, the estimated $350 million annually that the measure would have shifted to the state, and mandates on local governments and school districts. City engagement, including city participation in League data-collection surveys, played a critical role in educating and informing legislators.

Because of the bills’ potential to increase costs for struggling local agencies, the League appreciated Gov. Brown’s vetoes of SB 897 (Roth), which would have expanded use of paid disability leave for certain public safety workers (often referred to as “4850 time”) for an additional year; AB 1643 (Gonzalez), which would have removed the “apportionment” process for certain non-industrial work

injuries; and SB 654 (Jackson), which would have expanded the California Family Rights Act for public and private entities of 20 (instead of 50) employees or more. Gov. Brown signed AB 1244 (Gray, Chapter 852, Statutes of 2016), a helpful measure aimed at decreasing fraud in the workers’ compensation system.

Public works and other transportation issues. While the League focused on the effort to secure additional transportation funds, local control had to be protected in several areas, including AB 2586 (Gatto), which attempted to dictate various aspects of local parking management. Though the measure was amended to remove various provisions, the bill that went to Gov. Brown still had flawed provisions that included micromanaging street sweeping and prohibiting localities from offering incentives for private parking enforcement. The League figured prominently in the effort to convince Gov. Brown to veto the bill. AB 650 (Low), revised several times during the final days of the legislative session, sought to limit local authority over taxi regulation in various ways; the League lobbied in opposition to it and appreciates the governor’s veto of that measure. Gov. Brown’s signature on AB 626 (Chiu, Chapter 810, continued

California’s stringent water-quality laws, coupled with the drought, have highlighted the need for local agencies to have more viable ways of funding the removal of garbage and toxins from stormwater before it flows into streams, rivers and the ocean.

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Statutes of 2016) was a disappointment; it establishes a complex claims resolution process with various timelines and forces mediation when meet-and-confers do not resolve disputes.

Public safety. After the 2015 passage of the comprehensive Medical Cannabis Regulation and Safety Act, many proposals were introduced in 2016 to “clarify” different aspects. The League was active defending provisions important to local government and urging restraint because the regulatory process was barely underway and the voters’ potential approval of Prop. 64, the Adult Use of Marijuana Act, would have many implications. Some cleanup advanced, however, including the League-supported AB 2679 (Cooley, Chapter 828, Statutes of 2016), which expands research activities to include the effect of marijuana on motor skills and provides interim guidance on manufacturing processes.

In other areas, debates over law enforcement relations with communities featured prominently in legislative discussions.

Though some aggressive proposals stalled, Gov. Brown signed AB 2298 (Weber, Chapter 752, Statutes of 2016), which requires notification of adults listed on law enforcement’s gang databases. More activity is expected on the gang database issue in 2017. The League opposed AB 1217 (Daly, Chapter 504, Statutes of 2016) over the precedent of state interference in governance of local joint powers

authorities by codifying a rule adopted by the Orange County Fire Authority Board; Gov. Brown signed the bill.

Drones. As drone usage increases for commercial, mapping, surveillance and hobbyist purposes, so do the controversies as local governments attempt to respond to issues ranging from privacy and noise to interfering with public safety. In June, the Federal Aviation Administration rejected pre-emption of state and local drone regulation laws and ordinances, stating that “certain legal aspects concerning small UAS (unmanned aircraft systems) use may be best addressed at the state or local level.”

Legislative proposals ranged from efforts limiting local control to enhancing regulation. In April, amendments to AB 2320 (Calderon and Low) pre-empted local governments from enacting ordinances to regulate drones. Lobbyists for DJI, a Chinese drone manufacturer reputed to have the largest U.S. market share of the industry, supported the bill. The preemption provision, however, was forced out in the Assembly Committee on Local Government following vigorous opposition from the League and the California Police Chiefs Association.

Later in the session, amendments were floated attempting to enact a moratorium on local regulation until an industrydominated working group drafted a

A new law, AB 2594, clarifies that a public agency that captures stormwater before it reaches a natural channel may use the captured water.

model ordinance, but the League and police chiefs successfully rebuffed this effort. The drone industry succeeded in stopping several regulatory measures.

Of the minor measures that made it to Gov. Brown’s desk, he vetoed all except SB 807 (Gaines, Chapter 834, Statutes of 2016), sponsored by the League and the California Police Chiefs Association; it provides stronger immunity for local agency first responders who damage or destroy a drone that interferes with their emergency operations. The battles over drone issues are expected to intensify as powerful companies providing products and services seek to clear the airspace of local regulation.

Transparency, open data and cybersecurity. Policy-makers are struggling to balance open government policies and increased demands for access to government data with protecting privacy and avoiding disclosures that could expand fraud or reveal public safety vulnerabilities. In 2015 after significant legislative discussion and lobbying, Gov. Brown signed two principal bills in this area.

AB 169 (Maienschein, Chapter 737, Statutes of 2015) establishes several standards for information that is described by local agencies on their websites as “open data,” and SB 272 (Hertzberg, Chapter 795, Statutes of 2015) requires local agencies to disclose the software application or computer system that the local agency uses to maintain various information. This year, local agencies focused on implementing those laws, but other related legislation was enacted.

After public agencies started receiving fraudulent bills based on information obtained from their websites, the Legislature enacted SB 441 (Wolk, Chapter 477, Statutes of 2016) exempting from disclosure any identification number, alphanumeric character or other unique identifying code used by a public agency to identify vendors or contractors unless the identification number, alphanumeric character or other unique identifying code is used in a public bidding or an audit involving the public agency. continued on page 24

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districts, and other governmental organizations, both large and

• BART, CA – Police Chief

small. Our success is achieved by working as our clients’ partner to

• Beverly Hills, CA – Deputy City Manager

identify their needs and to recruit outstanding candidates for their

• Bradbury, CA – City Manager • California State University San Marcos – Police Chief

consideration. A significant number of our clients have requested our

• Costa Mesa, CA – Economic & Development Services Director

assistance time and again as a result of the quality of our work, our

• Cypress, CA – Police Commander

collaborative approach, and our industry-leading customer service.

We look forward to assisting you with your recruitment needs.

• Folsom, CA – Fire Chief • Fullerton, CA – Chief of Police • Hollister, CA – Human Resources Manager • Modesto, CA – Deputy City Manager

Learn more at www.bobmurrayassoc.com

• Morgan Hill, CA – Assistant City Attorney • National City, CA – City Attorney • Orange County, CA – Assistant Director of Public Works • Palm Springs, CA – Director of Engineering • Santa Clara Valley Water District – Chief Operating Officer Water Utility Enterprise • Santa Paula, CA – City Manager • Port of Seattle, WA – Police Chief • Vacaville, CA – Assistant City Manager • Yuima Municipal Water District, CA – General Manager

2016 Legislative Year in Review, continued from page 20

public records requests was made easier with the passage of AB 2853 (Gatto, Chapter 275, Statutes of 2016), which allows a public agency to comply with certain disclosure requirements by posting any public record on its website and directing members of the public to the

Gov. Brown signed AB 1787 (Gomez, Chapter 507, Statutes of 2016), which requires agencies with time limits for public comment to provide at least twice the allotted time to non-English speakers using interpreters, unless simultaneous translation equipment is used. Complying with

PLANNING MANAGER

City of Malibu, California Salary range: $110,749 – $143,974 annually, plus excellent benefits.

The City of Malibu (population approximately 13,000) is a beautiful coastal and environmentally conscious community in northwest Los Angeles County that strives to provide its residents with exceptional customer service.

The City is seeking a highly motivated Planning Manager with extensive knowledge of and experience in current and long-range planning principles and practices, particularly in local coastal planning. This is a mid-management position that serves under the direction of the Planning Director.

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Senior Civil Engineer Apply by: January 9, 2017, visit: www.burlingame.org The City of Burlingame is seeking a talented individual with advanced technical, analytical and professional skills to join our Department of Public Works as a Senior Civil Engineer. Under the direction of the Assistant Public Works Director, the incumbent will manage staff and major program areas and perform difficult, professional civil engineering work with an emphasis on transportation planning and engineering. The incumbent must have a breadth of knowledge and experience to successfully manage complex projects with considerable independence.

Bachelor’s degree from an accredited college or university in civil engineering or a closely related field. Six (6) years in professional civil engineering work involving engineering design, plan checking, project management and two (2) years of supervisory responsibility. Related experience may be substituted for formal college education on the basis of two (2) years’ experience for each year of formal college education. CA registration as a professional engineer is required. A valid CA Driver’s License and/or ability to obtain is required.

Candidates must possess the equivalent to graduation from an accredited four-year college or university with major coursework in urban planning, community development, business or public administration or a related field and five (5) years of responsible professional urban planning experience, including supervision.

Possession of a Master’s degree in either city planning or public administration with emphasis in city planning, and certification by the American Institute of Certified Planners (AICP) are highly desirable.

The City of El Monte is the hub of the San Gabriel Valley, located approximately 12 miles east of downtown Los Angeles, where two major freeways – Interstates 10 and 605 intersect. The city is seeking an energetic, self-driven and responsive Human Resources professional to serve as the Director of Human Resources/Risk Management.

Apply online at: www.malibucity. org/jobs. EOE/ADA Closing date: Open until filled.

Interested candidates should complete an on-line application at http://www.elmonteca.gov by Jan 15, 2017. City of El Monte Human Resources/Risk Management Department: 11333 Valley Blvd., El Monte, CA 91731. (626)580-2040 Equal Opportunity Employer

League of California Cities

DIRECTOR OF HUMAN RESOURCES/ RISK MANAGEMENT City of El Monte, California

The ideal candidate will be a collaborative team builder, innovator and leader who is both strategic and action-oriented. Successful candidate should possess a minimum of ten years of progressively responsible experience with at least three years in a managerial capacity in a government agency.

If you are a hands-on-manager with a proven track record of balancing priorities, and are adept at coordinating and successfully implementing multiple tasks and projects, while being results and detail oriented, we encourage you to apply. Bachelor’s Degree from an accredited college or university with major course work in public or business administration, public policy, human resources, industrial relations, risk management or a closely related field is required. Salary is $109,272 – $132,816 DOQ.

www.cacities.org

Gov. Brown agreed with the League’s position on legislation 76 percent of the time. location where it is posted. Gov. Brown vetoed AB 779 (Garcia), which the League opposed; this bill would have required a comprehensive and duplicative report on the components of elected official compensation.

Short-term residential rentals. The proliferation of web-based vacation rental websites as part of the “sharing economy” has provided more options for the traveling public and offered increased income potential for homeowners. Such changes, however, produced new problems that include losing rental housing stock, undermining the quality of life in residential neighborhoods and creating challenges in collecting transient occupancy tax (TOT). Many communities are updating ordinances and revising methods to better identify these units and collect associated revenue. A working group formed by the League in 2013 ultimately concluded that cities were better off working through the issues locally rather than seeking state action.

Legislative action centered around several bills by Sen. Mike McGuire (D-Healdsburg), including SB 593, which the League supported because it preserved local authority by allowing local agencies to “opt in” to a regulatory framework that would provide enhanced revenue collection and access to data. The bill died on the Senate floor in January due to industry opposition.

Later in the year, the senator offered alternative industry-supported proposals, SB 1102 and SB 133, which would have established a statewide audit program, governed by the state Controller’s Office, associated with collecting TOT for units offered by online short-term rental platforms. The League and a coalition comprising counties, hotels and hotel workers’ unions opposed the measures based on concerns ranging from state incursions into local revenue to restricted access to data that limited land-use enforcement and other issues.

Though progress on these issues stalled in the Legislature, local efforts to adjust to this new industry continue to improve.

Updated ordinances and techniques are

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Police Chief, City of Alhambra, CA Characterized by charming, well-manicured residential neighborhoods and a growing number of businesses, the City of Alhambra (population 83,000) is a premier familyoriented and economically prosperous community located just eight miles east of downtown Los Angeles in the San Gabriel Valley. The City is seeking a Police Chief who will be a strong and committed leader that commands respect from his/her staff, while fostering and promoting change to enhance the efficiencies and capabilities of those within the department. Graduation from an accredited college or university with a Bachelor’s degree in criminal justice, public administration, or a related field is required; a Master’s degree and completion of Command College or FBI National Academy are highly desired. Candidates must possess ten years of increasingly responsible law enforcement, crime prevention, and community oriented policing experience, as well as three years as a Police Captain or equivalent. Possession of California POST Management Certificate is required and all candidates must be current in California POST mandated training for the position. The salary range for the Police Chief is competitive and dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com.

Contact Fred Freeman at (916) 784-9080 with any questions.

Closing date January 6, 2017. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

ClTY MANAGER City of Dunsmuir, CA

The City of Dunsmuir (population 1,650) is a great place to live, work, and raise a family.

Dunsmuir is located in Southern Siskiyou County and is known for its fishing, hunting and hiking opportunities and has the “Best Water on Earth.” The ideal candidate will be a hardworking, task oriented, problem-solver who understands and values the needs of the City as well as the Community being served. Candidates should be able to demonstrate experience in financial management, planning, economic development, public works, water and sewer utilities, labor relations, and community relations. Candidates should have experience in contracting for services, infrastructure improvements, and be comfortable working under the direction of the City Council. At a minimum, candidates must possess a bachelor’s degree in public administration or related field. Experience as a City Manager, Assistant City Manager or department head is preferred.

If you are interested in this opportunity please visit the City website at ci.dunsmuir.ca.us to apply online or contact the Interim City Manager at (530)235.4822 x103 or citymanager@ci.dunsmuir.ca.us.

continued

www.westerncity.com

Western City, January 2017

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2016 Legislative Year in Review, continued

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Coming soon . . .

Police Chief Assistant Director of Administrative Services City of Palo Alto

Deputy City Manager City of Long Beach

Director of Planning & Community Development City of Santa Cruz

Teri Black • 424.296.3111 Bradley Wardle • 650.450.3299

Joe Brann • 424.296.3111 Julie Yuan-Miu • 925.820.8436

SOUTH EL MONTE

The City of South El Monte boasts all comforts of urban life with a small town feel. Encompassing 3.25 square miles, the City of South El Monte is a well-balanced community of homes, schools, businesses, as well as excellent parks and recreational facilities.

Finance Director

Salary: $9,583 - $11,654 per month (DOQ) Under the supervision of the City Manager, the director will plan, organize, and administer the activities of the Finance Department; will establish appropriate systems, policies and procedures for effective operation of departmental functions to include but not limited to payroll, benefits data processing, business licensing, central purchasing, and grant administration; directs the development and preparation of the City’s annual budget, IT oversight; and other duties as required. Bachelor’s Degree in public or business administration, accounting, or closely related field with five years’ experience.

A Master’s Degree or Certified Public Accountant License (CPA) is desirable.

Director of Public Works Salary: $9,609 - $11,680 per month (DOQ)

Under general direction of the City Manager, the Director will be responsible for planning, overseeing, and managing the City’s infrastructure needs. This executive position manages the overall operation of the Department of Public Works’ programs including but not limited to: projects for municipal engineering services, field services, facilities, fleet management; other duties as required. Bachelor’s Degree in public administration/civil engineering with five years’ experience in public works, civil engineering, and P.E. license is highly desirable.

APPLY IMMEDIATELY: Open until January 31, 2017 BY 5:00 P.M. For more information and/or to apply, please visit our website at http://www.ci.south-el-monte.ca.us/

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League of California Cities

being developed, and new technologies allow local agencies to more easily identify short-term rental units to ensure they are collecting and remitting TOT and complying with other local requirements.

Stormwater. California’s stringent water-quality laws, coupled with the drought, have highlighted the need for local agencies to have more viable ways of funding the removal of garbage and toxins from stormwater before it flows into streams, rivers and the ocean. Most of the challenges associated with this issue relate to interpretations of Prop. 218 (2006), which excludes “water, sewer and refuse collection” from its more restrictive provisions, but which the courts have interpreted as not excluding “stormwater.”

The California Supreme Court’s recent San Juan Capistrano decision ruled that water agencies are prohibited from establishing increased rate tiers as a deterrent to excessive water use. In early 2016 the League, California Association of Counties and the Association of California Water Agencies drafted an alternative process for financing water infrastructure as a proposed ballot measure, but later discontinued the effort when internal polling cast doubts about its potential viability. Later in 2016, Sen. Bob Hertzberg (D-Van Nuys) proposed in SB 1298 a revised definition of “sewer” under

Funding to repair local streets and roads is still urgently needed.

Prop. 218 implementation statutes, but he ultimately opted not to move the measure. Gov. Brown signed AB 2594 (Gordon, Chapter 526, Statutes of 2016), which clarifies that a public entity that captures stormwater before the water reaches a natural channel may use the captured water.

Homelessness. With local officials and state legislators increasingly concerned about perceived increases in homeless individuals living on the streets, the League opted to get ahead of the issue after the 2015 session by forming a small working group of key city staff and elected officials to help identify what cities were doing to address homelessness and the tools and resources they needed. In mid-November 2015, when the League’s leadership identified homelessness as part of its 2016 strategic priorities on housing, policy development efforts on homelessness were already underway. This effort also contributed to documents, developed by the League’s Public Affairs staff, that provided positive information to legislators about cities’ efforts and the needed resources.

These activities helped better position the League for a volatile legislative year.

The League successfully defeated several attempts to remove local control while supporting various pieces of legislation

that helped address the issue. These included Sen. de León’s No Place Like Home measure that will result in $2 billion in additional affordable housing resources targeting one of California cities’ most difficult problems: helping provide shelter

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Team RC is looking for a

LIBRARY DIRECTOR Filing deadline: February 2, 2017 Lucy Alvarez-Nunez: (909) 477-2700 Email: careers@cityofrc.us Website: www.cityofrc.us

Team RC is seeking an innovative, strategic and forwardthinking Library Director who shares our passion for leadership and world-class service to join our Executive Management Team.

The successful candidate will receive a competitive salary, excellent benefits package including deferred compensation benefits such as a 6% City Paid 401A plan. The City will match up to an additional 4% of an employee’s matching contribution in a 457 plan, along with a VEBA plan (tax-free health reimbursement account) for retiree medical expenses.

For more information and a detailed job announcement, please visit our website at www.cityofrc.us. (909) 477-2700 – Lucy Alvarez-Nunez

DIRECTOR OF PUBLIC WORKS/CITY ENGINEER CITY OF MONTCLAIR, CALIFORNIA

Salary: $10,565 – $12,842/mo., plus a competitive benefits package including Cal PERS and a 4/10 work schedule.

This Executive Management position plans, directs, and coordinates Department services; i.e., municipal engineering and maintenance services; exercises independent judgment and initiative in establishing efficient and effective departmental operations; and advises and provides assistance to the City Council, City Manager, other City personnel, and the public regarding Public Works services and activities.

Must possess a Bachelor’s Degree in civil engineering or a related field and five years of progressively responsible administrative experience as a supervisor at the mid-management level or above, in municipal engineering services, and other functions of public works; a valid California driver license; and a Certificate of registration as a Civil Engineer issued by the California State Board of Registration, preferably prior to January 1, 1982, or dual registration as a Civil Engineer and Licensed Surveyor.

City application and resume are required. APPLY BY: 6:00 p.m., February 24, 2017 at City of Montclair, 5111 Benito Street, Montclair, CA 91763. Application and job flyer may be obtained at: www.cityofmontclair.org. EOE

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2016 Legislative Year in Review, continued

Future of city formation. Gov. Brown vetoed SB 817 (Roth), the latest in a repeated effort to restore funding stability to four recently incorporated cities in Riverside County. The veto continues the funding challenges for these cities created

by SB 89 (Chapter 35, Statutes of 2011),

The League and CSAC formed a joint Homelessness Task Force in fall 2016 to identify best practices, promote city-county collaborative efforts and recommend policy changes that can help local agencies address homelessness.

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CITY OF BELVEDERE CITY MANAGER The City of Belvedere, a prestigious community renowned for its spectacular views of the San Francisco Bay Area, is currently searching for a City Manager with a strong customer service and hands-on management style. The City Manager oversees a staff of 20 FTEs providing services to a population of 2,130 drawn from approximately 1,050 residences.

With a total budget of $7.5 million and over $3 million in reserves, top candidates will have a strong appreciation for fiscal prudence to ensure a continued focus on long-term fiscal sustainability. Requires 8 years of responsible experience in an administrative, managerial, or department-head capacity within a public organization, ideally with specific skills in executive level or city management, land use, planning, and/or community development. Master’s degree highly desired. The City will provide a competitive salary in alignment with other Marin County City Managers; in addition to compensation, executive benefits, including CalPERS retirement, are offered. Apply by submitting a cover letter, resume, and current salary to apply@ralphandersen.com by January 20, 2017. Confidential inquiries welcomed to Heather Renschler at (916) 630-4900. Detailed brochure available at www.ralphandersen.com.

Ralph Andersen & Associates

which diverted critical Vehicle License Fee (VLF) revenues away from newly incorporated cities and compounded the challenges facing future incorporations. The issues raised by SB 817 also touch on larger policy issues. When SB 89 was adopted as part of the response to the budget crisis in 2011, it also undermined the economic viability of future incorporations.

The typical pattern of city formation has involved pockets of development that begin in unincorporated areas, followed by residents pursuing city formation at some point to better manage their community. From a state policy perspective, neglecting this issue is not without consequences, because city formation supports and advances compact growth.

When cities are established, their future growth is regulated by Local Agency Formation Commission (LAFCO) policies. In contrast, unincorporated development patterns are typically less dense and not regulated by LAFCO. The League looks forward to establishing a dialogue with Gov. Brown’s administration to further discuss the role of new city formation in the state’s future and new cities’ contributions to sustainable development patterns and local quality of life.

Governor’s Final Actions

General Manager Yuima Municipal Water District, CA The Yuima Municipal Water District (CA) is located in unincorporated San Diego County in the geographic valley known as Pauma Valley (population 2,300). The Yuima Municipal Water District is now seeking a dynamic leader and strategic thinker to be its General Manager.

The ideal candidate will be well-rounded and capable of organizing and directing staff to accomplish the District’s goals. A technologically savvy individual with a broad background and willingness to make a long-term commitment to the District will be ideal. The successful candidate will demonstrate a solid understanding of state regulations, have experience in a municipal setting as well as a small district, and possess strong communication, customer service, and relationship-building skills. At minimum, candidates must possess a bachelor’s degree from an accredited four (4) year college or university with major coursework in business administration, public administration, finance, engineering, utility management, or a related field, and have five (5) years of increasingly responsible experience in the administration operation and/or financial management of a public water utility, which includes at least three (3) years of experience in a management or executive capacity. Candidates must possess a valid California Driver’s License. The annual salary range for this position is open and dependent upon qualifications. If you are interested in this outstanding opportunity, please visit our website at www.bobmurrayassoc.com to apply online. If you have any questions, please do not hesitate to call Mr. Gary Phillips at (916) 784-9080.

Closing date January 13, 2017.

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

Gov. Brown closed out the 2016 session on Sept. 30 by signing and vetoing legislation sent to him by the Legislature. Overall the news was mostly positive for cities.

Gov. Brown agreed with the League’s position 76 percent of the time. He signed 25 of the 31 bills on which the League requested signatures and vetoed seven of 11 veto requests.

Major positive outcomes for the League included his signature on several bills providing flexibility and helping to reduce legal costs associated with implementing the Voting Rights Act, including AB 2220 (Cooper) and AB 350 (Alejo); helpful economic development bills AB 2492 (Alejo and E. Garcia) and AB 806 (Dodd and Frazier); and two budget trailer bills implementing the homeless assistance measure, No Place Like Home. continued on page 30

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League of California Cities

www.cacities.org

PeckhamMcKenney &

Presents Outstanding Career Opportunities

Police Chief

Town of Atherton, CA The Town of Atherton is a small, rural, residential community covering approximately five square miles with no industrial land-use base. Native live oaks, white oaks, bays, redwoods, cedars, pines, and other ornamental trees cover the Town and the wellknown 22 acre Holbrook-Palmer Park. The Town provides general government services to the 7,150 residents which include city administration, finance, legal services, community development (planning and building services), public works, and public safety.

The Atherton Police Department, with a budget of $6.8 million and 21 sworn and 8 non-sworn full-time employees, is seeking a strong leader who is politically astute with excellent interpersonal skills and unquestionable integrity. Bachelor’s degree in a work related field, four years of command or supervisory experience in the police service equivalent to the level of Lieutenant or above, and P.O.S.T. certificates through the advanced level required. Also required is the ability to obtain the P.O.S.T. management certificate prior to completion of the Town’s probationary period. Master’s degree and/or executive certification are highly desirable. Salary range from $167,510 to $193,915 DOQE, CalPERS 3%@50 for classic members, with comprehensive benefits.

Filing deadline is February 15, 2017.

City Manager

City of Escondido, CA

Located within a 30-minute drive from the beach, the mountains, or downtown San Diego, Escondido is a diverse, vibrant community of 145,900 residents that also serves as a progressive and prominent agricultural, commercial and residential center of North San Diego County. This General Law, Council/Manager organization provides a full range of services with over 1,000 employees. The City Manager will oversee a total operating and capital budget of $261 million. The ideal candidate possesses a big-picture perspective, business approach, solid interpersonal skills, municipal budgeting skills, and political savvy. Bachelor’s degree in public or business administration or a related field is required; Master’s degree is preferred. Salary range is $200,000 to 240,000 DOQ, supplemented with outstanding benefits.

Filing deadline is February 15, 2017.

Development Services Director

City of Oceanside, CA

Centrally located in the heart of the beautiful Southern California coastline, Oceanside (pop. 176,000) offers a unique combination of outstanding location, affordable housing, excellent schools, and multiple resources. This full-service agency provides a vast array of services through 949 FTEs and overall budget of $422 million. The Development Services Department has a dedicated staff of 57 employees, a FY 2016/17 budget of approximately $16 million and encompasses the divisions of Planning, Building, and Engineering. The Director must have a significant breadth of development services experience with personal experience in one or more of these areas, not just oversight experience. A strong background in land use planning is essential. A Bachelor’s degree in Public or Business Administration, Urban Planning, Civil Engineering, or a related field is required. A Master’s degree is highly desirable. Salary range is $131,460 to $175,284 annually (DOQ).

Filing deadline is January 30, 2017.

Please send your cover letter and resume electronically to:

“All about fit”

Peckham & McKenney

apply@peckhamandmckenney.com

Resumes acknowledged within two business days.

Detailed brochures are available at

www.peckhamandmckenney.com (866) 912-1919

2016 Legislative Year in Review, continued from page 28

He also vetoed numerous bills that would have undermined local authority over issues such as parking, in AB 2586 (Gatto), and taxis in AB 650 (Low), and other measures proposing to expand workers’ compensation benefits. Disappointments included Gov. Brown’s signature on SB 1069 (Wieckowski, Chapter 720, Statutes of 2016), which restricts a local agency’s ability to impose parking requirements on second units (now named “accessory dwelling units”), and AB 626 (Chiu, Chapter 810, Statutes of 2016) regarding construction claim resolution processes.

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Whatever comes, the League will continue advocating for resources and partnerships with local agencies, other organizations, the business community and the state and federal governments to assist cities in responding to urgent infrastructure and affordable housing needs, protecting public safety and providing vital services that enhance the quality of life for their residents. The League remains a staunch advocate for the benefits of local control and flexibility. ■

The state budget and the sustainability of California Public Employees’ Retirement System (CalPERS) pensions raise other questions. State revenues depend heavily on income tax and particularly on the fortunes of the wealthy. The stock market is volatile and unpredictable. Discussion continues about the sustainability of the CalPERS pension system and the need to reduce the CalPERS discount rate

The 2017 legislative session will bring unknown elements, especially in the interaction between the California Legislature and President-Elect Trump’s administration on tension points of immigration, health care and climate change.

Opportunities may exist, however, to work with the new federal administration R

Democratic supermajority control of the state Senate and Assembly has the potential to affect policy decisions concerning taxation, placing measures on the ballot and enacting urgency legislation that takes effect immediately.

Certainties include a continued policy discussion on how to address the state’s needs for affordable housing and assist homeless people, regulatory efforts to implement greenhouse gas emissions reduction goals at CARB, the rollout of Prop. 64 and restoring the economic reliability of the state’s recycling programs.

Issues for 2017

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(which is based on the expected rate of investment return), which would result in requiring public employers to increase their contributions.

on rebuilding the nation’s infrastructure, tax reform or trade policies. Questions also remain on how the new administration will view recreational marijuana, including the recently approved Prop. 64.

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

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Bobbi C. Peckham • Phil McKenney

Peckham&McKenney www.peckhamandmckenney.com

Roseville, CA

866.912.1919

916.630.4900

There’s an Entire Team Behind Every Assignment • Executive Recruitment • Management Consulting • Public Safety

www.RalphAndersen.com

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www.cacities.org

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Toll Free (877) 22-EXAMS exams@donnoe.com www.donnoe.com

www.westerncity.com

Western City, January 2017

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www.cacities.org

What’s your city’s top issue for 2017?

Read more “On the Record” at www.westerncity.com.

Randy Haney Council Member Ojai

Amanda Young Rigby Deputy Mayor Vista

Wade Nomura Council Member Carpinteria

www.westerncity.com

Adapting our cultural resource policy to acknowledge the Chumash tribe and crafting guidelines for development in sensitive areas.

Traffic relief. We’ve had congestion issues related to regional growth and commuter traffic.

Water is our No. 1 priority.

Tonya Burke Mayor Pro Tem Perris

Alice Patino Mayor Santa Maria

Cheryl Brothers Mayor Fountain Valley

Focusing on our economy and opportunities for workforce development.

Public safety and gang violence.

Finances — paying off debt and addressing some deferred maintenance with revenue from a local sales tax increase that voters approved in November 2016.

Western City, January 2017

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KEEPING UP WITH THE CAPITOL. The New Year is a time of transition, of new beginnings and fresh perspectives. As cities, towns and agencies prepare for newly elected officials and newly enacted legislation, we’re reminded that change can sometimes be overwhelming. While Churchwell White can’t help you lose those ten extra pounds or keep your New Year’s resolutions, we can give you the information you’ll need to start your year off right.

Every year, Churchwell White attorneys and legislative advocates compile and curate a guide to new and updated laws that may affect public entities—particularly cities and special districts—in the coming year.

Visit legislativeupdate.info to download a complimentary copy of our annual Legislative Update.

PUBLIC LAW

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