Western City February 2015

FEBRUARY 2015 |

The Monthly Magazine of the League of California Cities速

速

A Growing Risk: Oil Trains Raise Concerns p.10 Cost-Effective Public Records Act Compliance p.9 Challenges of Transportation Infrastructure Financing p.3

www.westerncity.com

Protected From the Unexpected As California’s trusted risk management advisor, SDRMA protects its members from the unexpected by providing a unique combination of coverage protection programs, world-class risk management consulting and experienced technical experts. Our goal is to serve as an extension of your staff so our service is seamless to you and your agency. Visit our website at www.sdrma.org or call us at 800.537.7790 for more information about our Workers’ Compensation, Property/Liability or Health Benefits Programs. We look forward to serving you!

Special District Risk Management Authority

Trusted Risk Management

✷

800.537.7790

✷

www.sdrma.org

CONTENTS 2 Calendar of League Events 3 President’s Message

Grappling With the Challenges of Transportation Infrastructure Financing

By Stephany Aguilar

California’s local streets and roads network is currently funded through a variety of sources including the state gas tax, federal transportation funds, local tax and bond measures, and local General Funds. Because funding sources have not kept pace with inflation, we face an ongoing annual deficit of more than $7 billion in the area of streets and roads.

7 City Forum

10 A Growing Risk: Oil

Trains Raise Safety and Environmental Concerns

By Cory Golden

An oil boom in North Dakota and Canada from the Bakken shale formation and a lack of pipeline infrastructure have led to a dramatic increase in oil-by-rail shipments nationwide. As the volume of oil being transported by rail has swelled, train derailments have also increased.

California Cities Helen Putnam 17 Award for Excellence

A Renaissance for Long Beach Airport

New Study Reveals Nearly $7.3 Billion Needed Annually to Make Streets and Roads Safe

By Eva Spiegel

I n 10 years it is expected that, without greater investment, 25 percent of local streets and roads will be ranked “poor” — compared with 6 percent today. The local system will have an estimated $78.3 billion funding shortfall in the next decade.

he $45 million project, completed T five months ahead of schedule and on budget, was funded by a General Airport Revenue Bond and passenger facility charges.

Job Opportunities 18 Professional Services 24 Directory

over Photo: George Spade/ C Shutterstock.com

9 Legal Notes

Cost-Effective Public Records Act Compliance and Records Transparency Following Proposition 42 By the League of California Cities’ Committee on the California Public Records Act

ity policies and practices can mainC tain records transparency, simplify responding to disclosure requests and reduce costs even before a records request is submitted.

Read More Online Learn how “road diets” can increase your city’s economic vitality. Read the “Website Exclusive” feature at

Sponsored by the League of California Cities

Created by and for California Public Agencies Three active account options offering diversification and flexibility • Short-Term • Medium-Term • Money Market Fund

Low minimum investment amount Governed by city, county and special district treasurers and investment officers

www.WesternCity.com

Contact us at 888-422-8778 or online at www.caltrust.org

®

President Stephany Aguilar Council Member Scotts Valley

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

Second Vice President JoAnne Mounce Council Member Lodi

Immediate Past President José Cisneros Treasurer San Francisco

Executive Director Chris McKenzie

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

leaguevents

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

March 4–6

Planning Commissioners’ Academy, Newport Beach 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.

Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256 email: maxwellp@cacities.org Administrative Assistant Kimberly Brady (916) 658-8223 email: kbrady@cacities.org

25 – 27

Public Works Officers’ Institute and Mini Expo, Newport Beach Designed for professionals at every career level, this conference covers the latest developments in public works.

Contributors Karalee Browne Dan Carrigg Martin Gonzalez Koreen Kelleher Melissa Kuehne Jennifer Whiting Patrick Whitnell

April 9 –10

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

Associate Editors Carol Malinowski Carolyn Walker

10

Design Taber Creative Group

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

Advertising Design ImagePoint Design For photo credits, see page 19.

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.

ED US IN NT RI

G

P

Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2015 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume XCI, No. 2.

29

Legislative Action Day, Sacramento Get updates on legislation affecting your city, and meet with your legislators.

30

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

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

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

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

Follow Western City @WesternCityMag.

W

R

0

GY

10

%

IND EN

E

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.

2

First Vice President Dennis Michael Mayor Rancho Cucamonga

League of California Cities

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

www.cacities.org

President’s Message by Stephany Aguilar

Grappling With the Challenges of

Transportation Infrastructure Financing This month,Western City looks at issues related to public works and infrastructure, with articles on topics that include moving oil by rail, expanding and improving a municipal airport, and more.

On page 7, an article presents the findings of the biennial 2014 California Statewide Local Streets and Roads Needs Assessment.

According to the report, the state’s local road network is falling into disrepair at an alarming rate due to aging infrastructure, rising construction costs and budget constraints. With heavier vehicles, increasing traffic and the need to accommodate alternative modes of transportation, the demands on California’s streets and roads are growing. At the same time, a greater percentage of streets and roads are in poor condition and need repair.

How the System is Underfunded California’s local streets and roads network is currently funded through a variety of sources including the state gas tax, federal transportation funds, local tax and bond measures, and local General Funds.

Because funding sources have not kept pace with inflation, we face an ongoing annual deficit of $7.8 billion in the area of streets and roads, and other components of the state transportation system face similar shortfalls.

Some Progress at the State Level State Budget Included Funds for Streets, Roads and Transportation.

The 2014–15 state budget included an additional $242 million for local streets and roads from an early loan repayment and reallocation of State Highway Account funds. Of that, $100 million was an early loan repayment that was taken during the www.westerncity.com

gas tax swap of 2010, while $142 million was a result of accounting errors associated with the gas tax swap and subsequent legislative actions.

In addition, the 2014 –15 state budget authorized up to $430 million of the $830 million available to be used for transportation purposes. Specifically, the budget included: • $130 million — and 20 percent of future cap-and-trade auction revenues — for the newly created Affordable Housing and Sustainable Communities Program to reduce greenhouse gas (GHG) emissions through projects that implement land use, housing, transportation and agricultural land preservation practices to support infill and compact development and that support other related and coordinated public policy objectives; • $25 million — and 5 percent of future auction revenues — for the newly created Low Carbon Transit Operations Program to provide operating and capital assistance for transit agencies to reduce GHG emissions and improve mobility; • $25 million — and 20 percent of future auction revenues — for the newly created Transit and Intercity Rail Capital Program to fund capital improvements and operational investments; and • $250 million — and 25 percent of future auction revenues — for highspeed rail. continued Western City, February 2015

3

Grappling With the Challenges of Transportation Infrastructure Financing, continued

Group Explores Road Usage Charge.

Governor Jerry Brown signed SB 1077 (DeSaulnier, Chapter 835, Statutes of 2014), which requires the chair of the California Transportation Commission (CTC), in consultation with the California State Transportation Agency, to establish a Technical Advisory Group to study the feasibility of establishing a road usage charge in California. The CTC took the first steps on the program in December 2014, and the demonstration project should begin by January 2017. While this concept remains controversial, the group will examine the possibility of charging road users by the number of vehicle miles traveled.

Other Efforts Working Group Looks at Transportation Deficit. To help shape future transportation policy development, the League participates in the governor’s California Transportation Infrastructure Priorities (CTIP) Working

Group, which released its “Vision and Interim Recommendations” in early February 2014 (online at www.calsta.ca.gov).

The document outlines a vision for California’s transportation system that reflects input from the members of CTIP but does not represent unanimous consensus. The vision focuses on three objectives of mobility, safety and sustainability. It sets forth recommendations to: • Provide safe and efficient mobility through a multimodal system; • Increase the availability of fast, clean, and efficient alternatives to vehicular traffic, contributing to the state’s sustainability goals; and • Integrate and modernize various modes into one seamless transportation system.

The document includes both short- and long-term recommendations in five

We Specialize In Local Government Real Estate Representation

● Acquisitions ● Dispositions ● Parking Solutions ● Project Management ● Bid Process Management “Unique Solutions To Complex Real Estate Issues”

Sarah Peyton/Tom Hixson speyton@crcre.com thixson@crcre.com 925-866-1300

CalBRE License 0120981

4

League of California Cities

www.crcre.com

categories: preservation, innovation, integration, reform and funding.

The CTIP Working Group plans to release white papers in the future on tolling and congestion management pricing as well as recommendations to update the State Transportation Improvement Program (STIP). Future activities will focus on freight, goods movement and exploring lower vote thresholds for local transportation measures.

Expanding County Transportation Sales Taxes. Voters in 20 “self-help counties” representing 81 percent of California’s population have passed sales tax measures specifically for transportation that are expected to fund over $95 billion of voter-approved transportation investments by 2050. They include $23.9 billion for local streets and roads and $1.3 billion to support bicyclists and pedestrians. Currently 17 “aspiring counties” are either exploring sales tax measures or have failed to pass them — sometimes very narrowly. If a sales tax measure were to pass in all of these counties, an estimated $316.9 million a year would be generated for transportation needs. A number of ongoing legislative efforts have sought to decrease the required voter threshold for local measures from two-thirds to 55 percent for a variety of uses, including transportation.

Implementing Technological Efficiencies.

Cities are constantly asked to do more with what they currently have, and many have answered that call. In the 2014 California Statewide Local Streets and Roads Needs Assessment, more than 150 agencies indicated that they have employed one or more recycling techniques, such as using reclaimed asphalt pavement, cold-in-place recycling and full-depth reclamation.

These techniques are reported to have cost savings ranging from 11 to 32 percent when compared to conventional mill and fill overlays or reconstruction.

Although not all streets and roads are good candidates for recycling (reasons include shallow utilities, inadequate pavement sections, geometric factors and so forth), a conservative estimate indicates

www.cacities.org

that agencies can potentially save as much as $912 million a year using recycling paving techniques. This essentially stretches the existing paving budget of $1.66 billion to $2.57 billion — an increase of 55 percent. continued

A Changing Political Landscape?

Following years of “no new taxes” pledges and periodic one-time investments in transportation that led to uncertainty and instability in funding, signs are emerging that the politics related to transportation revenues are changing at both the state and federal levels. In his 2015 inaugural State of the State speech, Gov. Jerry Brown emphasized that it is time for California to address deferred maintenance for roads, highways and bridges, saying, “Each year, we fall further and further behind, and we must do something about it.” At the same time he seemed to rule out using bonds to pay for transportation, favoring instead a pay-as-you-go approach. Citing the successful bipartisan effort in 2014 to address California’s water challenges through Proposition 1, he asked Republican legislators to join him and the Democrats to develop a solution to the problem of deferred infrastructure maintenance.

At the federal level, the chances of a revenue increase may have improved slightly. Although some political observers believe that such a scenario remains unlikely, Republican members of both the House of Representatives and U.S. Senate have recently mentioned shoring up transportation spending — either through a gas tax increase or a tax based on vehicle miles traveled.

One thing is certain: No possibility can be completely ruled out.

www.westerncity.com

“Service to others is the payment you make for your space here on earth.”

- Mohammad Ali You serve others and LCW is honored to serve you.

Proudly representing California’s municipalities for 35 years in all areas of: Employment Law, Litigation, Labor Relations, Public Safety, Retirement, Wage & Hour, and Preventative Training.

To learn how we can help you visit: www.lcwlegal.com Western City, February 2015

5

Grappling With the Challenges of Transportation Infrastructure Financing, continued

Additional Funding Options Local Vehicle Registration Fees. In 2012, Gov. Brown signed SB 1492 (Leno, Chapter 838, Statutes of 2012), authorizing the San Francisco Board of Supervisors to adopt a local surcharge assessment on vehicle registrations within the county for general revenue purposes. This assessment is required to be approved by two-thirds of the members of the board of supervisors and then approved by a majority of the voters. The rate charged on vehicles (the combination of existing rates and the authorized local San Francisco rate) cannot exceed a total of 2 percent.

Though the measure has not been placed on the ballot for voter consideration, the League continues to monitor the effort. It may be an option that other jurisdictions want to pursue in the future.

Index the Gas Tax. Tying the state gas tax rate to the Consumer Price Index

Learn How Road Diets Make Streets Leaner, Safer and More Efficient

Website Exclusive Article at www.WesternCity.com

6

League of California Cities

(assuming a 2 percent per year rate of growth) would raise approximately $48 million per year. Under current law, revenues would be split between the cities, counties and state using current formulas. This is a modest increase and will not have a significant impact on the current shortfall, but it will at least partly mitigate future increases in construction costs. The present base rate for the state gas tax is 18 cents per gallon.

Restore the Gas Tax to 1994 Levels.

Raising the gas tax to 1994 levels (an increase of 9 to 10 cents per gallon) could immediately increase the funding by an additional $1.7 billion a year (considering inflation only). Like indexing, revenues would be split between cities, counties and the state.

Reinstate the State Sales Tax on Gasoline.

In November 2002, California voters approved Prop. 42, which dedicated revenues from the sales tax on gasoline to transportation purposes. In 2010, the state enacted a gasoline tax swap that eliminated Prop. 42 sales tax revenues. It replaced them with an additional gas excise tax, which is adjusted annually to remain neutral with what would have been collected under Prop. 42. However, Prop. 42 is still in state law and may be reinstated with a two-thirds vote of the Legislature.

The sales tax on gasoline would have

generated about $2.8 billion annually if it were still in place. If shared between the state, transit, counties and cities in the same manner as the previous sales tax, it would generate $560 million for cities in the same fiscal year.

A Glimmer of Hope The ideas and options presented in this article are simply a snapshot of recent actions and possible ways to address the transportation and infrastructure deficit in the future. They should not be construed as proposals put forth by the League.

Without dependable infrastructure, California’s future is in peril. Although the size of the state’s annual deficit for streets and roads and the state transportation system appears staggering, the issue is receiving considerable attention from numerous groups and agencies, as described here.

California is home to much of the world’s innovative thinking, and this fact may offer a glimmer of hope to local officials grappling with the challenges of crumbling infrastructure. Despite the immensity of the obstacle, it is not insurmountable. As local elected officials, we must continue to educate our communities about the importance of this issue and work with our state leaders to identify and implement practical solutions to this extremely urgent problem. ■

New Study Reveals Nearly $7.3 Billion Needed Annually to Make Streets and Roads Safe

by Eva Spiegel

2008

2014 Pavement Condition Index

The local streets and roads system comprises more than 80 percent of California roadways and serves pedestrians, cyclists, commuters and others.

California must have a solid local road system to meet the demands of residents, visitors and businesses as well as to reduce greenhouse gas emissions. The importance of California’s local streets and roads compelled the League, the California State Association of Counties (CSAC) and the state’s regional transportation planning agencies in 2008 to collaborate on a biennial survey of the system.

Released in October, the 2014 California Statewide Local Streets and Roads Needs Assessment presents alarming findings.

The condition of California’s local roadways is on the path to failure. Pavement conditions are declining, and existing funding levels are insufficient to properly fix and/or maintain streets, roads, bridges, sidewalks, storm drains and traffic signs.

Deferring this crucial work, the report predicts, will likely double the cost of repairs in the future and impede efforts to reduce greenhouse gas emissions and other air pollutants.

Dismal Ratings for Local Roads The 2014 report surveyed California’s 58 counties and 482 cities and captured data from more than 99 percent of the state’s local streets and roads.

71 – 80 Good 50 – 70 At Risk 0 – 49 Poor

The California Statewide Local Streets and Roads Needs Assessment uses a scale of zero (failed) to 100 (excellent) to rate the condition of pavement. Conditions have deteriorated since the first survey in 2008, when the statewide average was 68. That number in 2014 dropped to 66, which falls into the at-risk category. Of California’s 58 counties, 54 have streets and roads that are either at risk or ranked in poor condition. In 10 years it is projected that, without greater investment, 25 percent of local streets and roads will be ranked poor — compared with 6 percent today.

Fiscal Outlook Is Daunting The local system will have an estimated $78.3 billion funding shortfall in the next decade. Existing funding for California’s local streets and roads comes to $1.7 billion annually, but it would take $3.3 billion annually just to maintain the current statewide average pavement rating of 66. Local agencies, however, would need $7.3 billion annually to bring their streets and roads into a safe and reliable condition. These figures do not take into continued

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

www.westerncity.com

Western City, February 2015

7

New Study Reveals Nearly $7.3 Billion Needed Annually to Make Streets and Roads Safe, continued

Deferring this crucial work will likely double the cost of repairs in the future.

account the $31 billion needed in the next decade for curb ramps, sidewalks, storm drains, street lights and signals.

Furthermore, the state faces a funding shortfall of $1.3 billion to maintain the safety and integrity of California’s 11,863 local bridges.

California’s local streets and roads reached this point due to a combination of factors.

The revenue local governments receive for road work is generated primarily from a tax on gasoline, which was last increased 20 years ago. The base gas tax has lost half of its purchasing power over the past two decades, and local agencies get only a portion of these funds to spend for local street and road purposes. California local governments have received some other funding from bonds and the American Recovery and Reinvestment Act of 2009; however, it is not enough to stem the tide.

Californians drive farther — 26 percent more miles annually since 1990 — but alternative fuel, hybrids and electric cars have reduced the demand for gas. Thus, there is less gas tax revenue to support the streets and roads used by all vehicles. Revenue has stagnated despite higher road use.

Seeking Solutions to the Growing Crisis

Health Care Reform Solutions Keenan’s Health Care Reform Consulting Services help you understand the Affordable Care Act’s (ACA) potential impact on your health care benefit plan.

• Analysis of your plan and employee workforce • Prioritizing next steps in alignment with your objectives • Creating a recommended action plan • Evaluating and modeling plan design and contribution strategies • Developing employee wellness and condition management approaches • Identifying cost-savings alternatives to Covered California, including PACE, a unique Joint Powers Authority medical benefits program for public agencies

All California legislators receive a copy of the biennial report, and its findings are the basis of crucial policy discussions with state and local leaders. California’s local roads and bridges need a more stable funding source to address the backlog of work and move this system forward, promote sustainability and ensure Californians’ quality of life.

The full report and interactive maps showing the street and road conditions for every California city and county can be found at www.SaveCaliforniaStreets.org. ■

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

License No. 0451271

8

League of California Cities

Innovative Solutions. Enduring Principles.

www.keenan.com

www.cacities.org

Cost-Effective Public Records Act Compliance and Records Transparency Following Proposition 42 by the League of California Cities’ Committee on the California Public Records Act When the Legislature or any California state agency mandates that local government agencies perform new programs or provide higher level services, the California Constitution generally requires the state to reimburse local agencies for the cost of the new programs or higher level services. In 2013, Governor Brown approved suspension of a number of state mandates to avoid the cost of reimbursing local agencies for their compliance costs. The suspended mandates included certain provisions in the Public Records Act, such as requirements for assisting records requesters and notifying requesters whether an agency possesses responsive records. Suspending the transparency laws meant cities could choose not to comply without fear of liability.

However, California cities and other local agencies have been subject to the open records requirements of the Public Records Act since 1968. Complying with this government transparency law has become ingrained in policy, practice and daily operations of cities statewide. There has been no reported instance of a city ceasing its compliance with the suspended transparency mandates.

Although the suspension apparently had no effect on local agency compliance, open government advocates criticized the state for suspending the transparency mandates. In response, the Legislature placed Proposition 42 on the June 2014 ballot to amend the California Constitution by requiring cities and other local agencies to comply with the Brown

Act and the Public Records Act and to eliminate the requirement that the state reimburse those agencies for the cost of complying with the open government mandates. More than 60 percent of the voters approved Prop. 42, and it took effect June 3, 2014. continued on page 15

About Legal Notes The League’s Committee on the California Public Records Act includes: Eric W. Danly, chair and city attorney, Petaluma; Morgan L. Foley, committee co-chair, McDougal, Love, Eckis, Boehmer & Foley and city attorney, El Cajon and Poway; Rebecca Andrews, Best Best & Krieger LLP; Jolie Houston, Berliner Cohen and city attorney, Los Altos and assistant city attorney, Gilroy; Juli C. Scott (ex officio member), special counsel, City of Goleta; Bianca Sparks, Casso & Sparks LLP and assistant city attorney, La Puente; Michael Torres, assistant city attorney, Newport Beach; Erica L. Vega, assistant city attorney, Wildomar and deputy city attorney, Temple City and Hemet; and Craig Labadie, director, League’s City Attorneys’ Department and city attorney, Albany.

www.westerncity.com

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

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

Western City, February 2015

9

A Growing

Oil Trains Raise Safety and

by Cory Golden

M

ore and more often, trains snake down through California from its northern borders, with locomotives leading long lines of tank cars brimming with volatile crude oil.

Rail remains among the safest modes of transport, but the growing volume of crude being hauled to California refineries — coupled with televised images of fiery oil

train accidents elsewhere — have ratcheted up the safety and environmental concerns of city officials and the residents they serve.

Local and state lawmakers have found that their hands are largely tied by federal laws and court rulings pre-empting new state and local regulation of rail traffic.

Cory Golden is a policy analyst for the League and can be reached at cgolden@cacities.org.

Tim Cromartie, a legislative representative for the League, also contributed to this article; he can be reached at tcromartie@cacities.org.

10

League of California Cities

www.cacities.org

Risk:

Environmental Concerns Growing Volume and an Increasing Number of Accidents

Until recently, California’s refineries were served almost entirely through ports. An oil boom in North Dakota and Canada from the Bakken shale formation and a lack of pipeline infrastructure have led to a dramatic increase in oil-by-rail shipments nationwide.

Oil imports to California by rail shot up 506 percent to 6.3 million barrels in 2013 (one barrel equals 42 gallons).

That number will climb to 150 million barrels by 2016, according to the California Energy Commission.

www.westerncity.com

The surge represents an “unanticipated, unacceptable risk posed to California,” said Paul King, deputy director for the California Public Utilities Commission’s Office of Oil Rail Safety, during a Senate hearing last year.

As the volume of oil being transported by rail has swelled, derailments in the United States and Canada have also increased. Despite $5 billion in industry spending on infrastructure and safety measures — with half of that for maintenance — railroads spilled more crude in the United States during 2013 than in the previous four decades combined,

according to an analysis of federal data

by McClatchy DC News.

Railroads continue to boast a better than 99 percent safety record, and most spills have been small, but with each tank car holding more than 25,000 gallons of oil, the exceptions — including eight mishaps in 2013 and early 2014 — have been dramatic and devastating, none more so than an accident in July 2013. That’s when 63 cars from a runaway train exploded, leveling much of Lac-Mégantic, Quebec, and killing 47 people. continued

Western City, February 2015

11

A Growing Risk: Oil Trains Raise Safety and Environmental Concerns, continued

So far, California has been spared a major crude oil accident, but the number of spills here is climbing: from 98 in 2010 to 182 in 2013, according to the California Office of Emergency Services (OES).

Trains carrying Bakken crude travel south through Northern California, turning from the western slope of the Sierra Nevada and rumbling through the hearts of cities large and small. The trains pass within

blocks of the state Capitol, hospitals and schools and through sensitive ecological areas such as the Feather River Canyon and Suisun Marsh.

Lethal Accidents Spur a Push for Increased Safety Measures

The Lac-Mégantic accident and others that have followed have led to a push for change at the federal level. Two agencies of the U.S. Department of Transportation (DOT), the Federal Railroad Administration and Pipeline and Hazardous Materials Safety Administration, shoulder responsibility for writing and enforcing railroad safety regulations.

In early 2014, the DOT and railroad industry announced a series of voluntary steps to increase safety. The DOT released

a comprehensive rule-making proposal in July 2014, calling for structurally stronger tank cars, new operating requirements, speed restrictions, enhanced braking controls and route risk assessments, and a classification and testing program for mined gases and liquids.

The DOT proposal calls for phasing out within two years older model tank cars, called DOT-111s, long known to be vulnerable to rupturing in a crash. The National Transportation Safety Board, which investigates accidents, first urged replacing or retrofitting them in 1991.

In September 2014, the American Petroleum Institute and Association of American Railroads jointly asked the DOT for more time — up to seven years to retrofit tank cars.

Increasing Refinery Capacity The California Energy Commission is tracking the following projects, which would dramatically increase the oil-by-rail capacity of refineries: • Plains All American Pipeline LP in Bakersfield, which took its first delivery in November 2014, has a capacity of 65,000 barrels per day (bpd); • Alon USA Energy Inc. in Bakersfield, under construction, will be able to receive 150,000 bpd; • Valero Energy Corp. in Benicia, which is presently undergoing permit review, would have a 70,000 bpd capacity; • WesPac Energy-Pittsburg LLC in Pittsburg, undergoing permit review, could receive up 50,000 bpd by rail and 192,000 bpd through its marine terminal; and • Phillips 66 in Santa Maria, undergoing permit review, could accept 41,000 bpd.

In addition, Targa Resources Corp. at the Port of Stockton is planning an expansion that would enable it to receive 65,000 bpd.

And Questar Gas Corp. is planning a project that could see it offload 120,000 bpd near Desert Hot Springs, then send it through a repurposed 96-mile pipeline to Los Angeles.

12

League of California Cities

www.cacities.org

Another safety measure, called positive train control (PTC), makes use of global positioning systems. It is intended to prevent collisions, derailments due to high speeds and other movements that could cause accidents, like a train using track where maintenance is under way. PTC can alert train crews to danger and even stop a train remotely.

Following a 2008 Metrolink crash in Los Angeles that killed 25 people — caused when an engineer missed a stop signal and collided with a Union Pacific freight train — Congress mandated PTC implementation on 60,000 miles of track nationwide. Large railroads have spent $4.5 billion to implement the technology, but the industry says it cannot meet its 2015 deadline.

Among the members of California’s congressional delegation demanding stricter regulations are Senators Dianne Feinstein and Barbara Boxer, who have called for more information to be released to first responders on train movements.

Sen. Feinstein also wrote a letter that urged the DOT to include pneumatic brakes, which can greatly reduce stopping distances, in its planned review of tank car design, and to extend the PTC requirement to any route used by trains carrying flammable liquids near population centers or sensitive habitat.

Meanwhile, Industry Continues to Grow

The growth in domestic crude oil is reflected in projects that include seven proposed, completed or under-construction expansions that together would have a maximum oil-by-rail capacity of 561,000 barrels per day at Bakersfield, Benicia, Pittsburg, Santa Maria, Stockton and Desert Hot Springs (see “Increasing Refinery Capacity” on page 12).

As of December 2014, the Kinder Morgan Inc. facility in Richmond was the only refinery that could receive unit trains, which are trains with 100 or more tank cars carrying a single commodity and bound for the same destination.

InterState Oil Co. had its permit to offload crude at McClellan Park, in Sacramento

www.westerncity.com

Local and state lawmakers have found that their hands are largely tied by federal laws and court rulings pre-empting new state and local regulation of rail traffic.

County, revoked in November 2014 by the Sacramento Metropolitan Air Quality Management District. The district said it had issued the permit in error and that it required a full review under the California Environmental Quality Act. Refineries in Bakersfield, Vernon, Carson and Long Beach were receiving crude deliveries from manifest trains, which carry a mix of cargo.

Safety Efforts Focus on Planning, Preparedness and Response The Federal Rail Safety Act of 1970 authorized the U.S. secretary of transportation to create uniform national safety regulations. States are allowed to adopt additional, compatible rules if they do not hinder interstate commerce and address a local safety hazard. Courts have consistently ruled against almost all attempts by states to use the local safety hazard exception, however.

Thus, unable to regulate train movements, California lawmakers and agencies have pursued three main courses of action: planning, preparedness and response.

In the Golden State, the California Public Utilities Commission (CPUC) shares authority with the federal government to enforce federal safety requirements, and OES and local agencies lead emergency response. In 2014, Gov. Jerry Brown expanded the Department of Fish and Wildlife’s Office of Spill Prevention and Response to include inland areas.

The Legislature approved a Senate Joint Resolution, SJR 27 (Padilla), urging the DOT to safeguard communities and habitat, strengthen the tank car fleet,

mandate the earlier voluntary safety agreement with railroads and prioritize safety over cost effectiveness.

Recent legislation includes AB 380 (Dickinson, Chapter 533, Statutes of 2014), which calls for increased spillresponse planning for state and local agencies and requires carriers to submit commodity flow data to OES, and SB 1064 (Hill, Chapter 557, Statutes of 2014), which seeks to improve accountability and transparency regarding CPUC’s responses to federal safety recommendations.

The FY 2014–15 state budget also allocated $10 million to the CPUC, which planned to add seven more track inspectors, and authorized the state oil spill prevention fund to be used for spills in inland areas. In addition, the budget expanded the 6.5 cent per-barrel fee to include all crude oil entering the state.

The 10 state agencies that have some hand in rail safety and accident response have formed the Interagency Rail Safety Working Group. It issued a report last June that called for, among other things, older tank cars to be removed from service, stronger cars, improved braking, PTC and better markings on cars so that firefighters know how to proceed in an accident.

Speaking to Richmond residents in December 2014, Gordon Schremp, senior fuels specialist for the California Energy Commission, welcomed the moves to increase safety at the federal level. All indications were that railroads were complying with new measures like lower speed limits, he said. continued

Western City, February 2015

13

A Growing Risk: Oil Trains Raise Safety and Environmental Concerns, continued

“Does it mean there will be zero derailments? No, but the goal is to get there,” said Schremp.

Local government officials face a daunting challenge when it comes to disaster response.

The Interagency Rail Safety Working Group also found that, as of June 2014, there were no hazardous materials response teams in rural areas of Northern California and units in other areas of the state lacked the training and equipment needed to take a lead role. Forty percent of the state’s firefighters are volunteers.

“Training is of the utmost importance,” said Deputy Chief Thomas Campbell, who oversees the Cal OES Hazardous Materials Programs. “We understand that local governments are limited in finances and that it’s difficult to get firefighters out of rural communities to train because they are volunteers.”

Some Local Communities Oppose Expansion

At the local level the proposed expansion of California refineries sometimes has run into heated opposition.

After news reports revealed that Bakken crude was being transported into the City of Richmond, City Manager Bill Lindsay wrote a letter to the Bay Area Air Quality Management District in November 2014 calling for it to revoke energy company Kinder Morgan’s permit to offload the crude there. That followed a lawsuit filed by environmental groups to revoke the permit — a suit tossed out by the judge because it was filed too late.

warning of the need for California to improve its emergency response capability.

Eleven cars carrying freight derailed and spilled into the Feather River Canyon near Belden on Nov. 25, 2014. Three days later, one car tumbled off the tracks near Richmond. The cars were loaded with corn in the first instance and refrigerated pork in the second.

Elsewhere, a proposal by Valero Energy Corp. would bring 1.4 million gallons of crude daily to its Benicia refinery.

The proposal has been met with letters questioning the city’s environmental and safety analysis from senders that have included the CPUC, Office of Spill Prevention and Response, the Sacramento Area Council of Governments, the Capitol Corridor Joint Powers Authority and cities along the rail line, including Davis and Sacramento. The Union Pacific Railroad has responded by stressing federal pre-emption of rail traffic.

The League continues to closely monitor developments in oil by rail. In September 2014 the League made recommendations to the DOT on the federal rule-making governing rail safety. The recommendations included providing more information and training to first responders, mandating speed limits and stronger tank cars, and using all available data to assess the risks and consequences of crude oil transport. Two months later, the National League of Cities passed a resolution stressing many of the same safety measures.

Even as those proposals played out, a pair of derailments in Northern California underscored the importance of the debate.

While neither spill involved crude oil or hazardous materials, both served as a

What’s Ahead

League of California Cities staff conducted a series of webinars during fall 2014 to better acquaint members with the oil-by-rail issue, and its Public Safety and Transportation policy committees took up the subject in January 2015 meetings. ■

As the volume of oil being transported by rail has swelled, derailments in the United States and Canada have also increased.

14

League of California Cities

www.cacities.org

Cost-Effective Public Records Act Compliance and Records Transparency Following Proposition 42, continued from page 9

Cost-Effective Records Transparency

to disclosure requests, and reduce costs even before a records request is submitted.

Proponents of Prop. 42 argued that requiring cities and other local agencies to bear their own costs of complying with the transparency mandates would create an incentive for the agencies to control costs and streamline processes. Now that Prop. 42 has passed and the obligation to comply with the Public Records Act has been incorporated into the California Constitution, this article suggests some cost-effective methods to help cities meet and exceed their Public Records Act records transparency requirements without unduly impacting city budgets, staff time and delivery of public services.

Post non-exempt records on agency websites. Increasingly, cities post on their websites frequently requested information, allowing members of the public to obtain records without submitting a request. Staff can also easily respond to requests by forwarding website links.

Before the Records Request City policies and practices can maintain records transparency, simplify responding

Provide clear instructions for requesting agency records, including how to obtain records online. Clear instructions for obtaining records online can help make the public’s records available with little or no use of staff time. Also making available information that assists in obtaining records, such as information about the technology used to store city records and the locations where the records are kept, is consistent with a city’s duty to assist records requesters.

Train city staff on Public Records Act compliance. Providing training on Public Records Act compliance helps staff understand the city’s compliance obligations, applicable deadlines and penalties for noncompliance. Training also establishes routines for locating and disclosing records.

Treat Public Records Act compliance as a program and implement it throughout city departments. Complying with the Public Records Act is a citywide responsibility involving all city departments and all categories of agency records. All city officials and employees involved in managing records should understand their role in a citywide records maintenance and disclosure program. continued

BUILDS PEOPLE BUILDS PROJECTS BUILDS CALIFORNIA

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

Find out more, www.lecetsw.org/build

www.westerncity.com

Western City, February 2015

15

Cost-Effective Public Records Act Compliance and Records Transparency Following Proposition 42, continued

Responding to Records Requests Cities can adopt policies and practices that enhance transparency, avoid and minimize liability, and reduce compliance costs in responding to requests for public records.

Consider encouraging records inspection.

It is frequently helpful to encourage requesters to inspect records before deciding whether to obtain copies. Doing so can facilitate faster records access for requesters, allow requesters to save money by avoiding unnecessary copying costs and save limited city resources. However, cities cannot require that requesters inspect records before requesting copies or discourage requests for copies. The Public Records Act entitles members of the public to choose whether they would like to inspect records, obtain copies or both. Also, depending on how a city is staffed and maintains its records, it may cost more in staff time for some cities to supervise records inspection than to provide copies.

16

League of California Cities

Respond promptly to requests. Responses to records requests are due within 10 days of receiving the request, unless the request is one that permits extending the city’s response time and the city needs more than 10 days to respond to the request. Responses should inform requesters whether the city possesses non-exempt records responsive to the request and whether the city will assert any exemptions, citing applicable legal authority for each exemption asserted. Responding when requests are received for records that a city possesses and that are clearly subject to disclosure can simplify follow up.

Extend the time for replying by up to 14 days when necessary and permitted.

Cities may extend the time for responding to requests by up to an additional 14 days if the request involves a large quantity of records, requires consultation among multiple departments or agencies, or requires specialized programming.

Extending the request response time in appropriate cases allows city staff to take

the extra time needed for responding to more complex requests while continuing to fulfill their other public service duties.

Work with requesters to clarify and focus requests. Cities have a duty to assist requesters in locating public records and should contact requesters to clarify confusing and very broad requests. In addition to promoting transparency, helping records requesters can promote efficiency by focusing on records of interest to a requester.

Frequently, cities can help requesters focus their requests by asking about the purpose of the request. However, cities may not limit records access based on the purpose behind a request or require requesters to disclose the purpose of their request.

Convert oral requests to writing. Cities must respond to requests in any form that reasonably identify public records, whether they are submitted in writing, electronically or orally. Cities should make a written record of oral requests continued on page 20

www.cacities.org

A Renaissance for

Long Beach Airport The City of Long Beach established the Long Beach Airport (LGB) in 1923, making it Southern California’s oldest municipally owned airport. During its 90-year history, the airport has grown from an airfield with dirt runways to an award-winning facility that serves 3 million travelers a year.

The City Manager’s Office worked closely and in cooperation with multiple municipal departments, local agencies and utilities to develop a vision and plan for upgrading the airport’s facilities. “The modernization raises the bar for airport design and includes many amenities not often found at airports,” says Jeff Sedlak, the airport’s senior civil engineer.

Outdated Facility Sorely Needed Modernization

The $45 million project, completed five months ahead of schedule and on budget, was funded by a General Airport Revenue Bond and passenger facility charges. Development costs were not passed on to airlines so they, in turn, have not raised ticket prices. According to recent U.S. Department of Transportation figures, LGB airfares are among the lowest in the nation.

In recent years the need for modernization became a pressing concern. LGB had outgrown its facilities. Travelers had to wait outdoors in one of only two lines to pass through security. Out of necessity, temporary trailers were being used as passenger holding rooms. Boarding procedures were confusing, and the airport offered few amenities or options for dining

and shopping. Despite these challenges, the local community was apprehensive that changes would mean massive expansion and increased airport traffic. Long Beach has one of the most stringent noise ordinances in the country, enacted in 1995. Modernization plans would have to take this into account. Other concerns included affordability due to the economic downturn and the need to protect LGB’s historic terminal, which is a community landmark.

The new passenger concourse officially opened Dec. 12, 2012, a notable date continued on page 23

The City of Long Beach won the Award for Excellence in the Public Works and Infrastructure category of the 2014 Helen Putnam Award for Excellence program. For more about the awards program, visit www.helenputnam.org.

www.westerncity.com

Western City, February 2015

17

J

O

B

O

P

P

O

R

T

U

N

I

T

I

E

S

Display Advertising

Western City magazine’s job opportunity section is the source for job seekers looking for positions in local government. When you place a job opportunity ad in Western City

Call Pam Maxwell-Blodgett at (800) 262-1801 to place a display (boxed) ad or for rate and deadline information, or email admanager@westerncity.com.

Website Job Postings Display ads are posted on our website at no additional charge. But if you miss the deadline for getting your job opportunity ad into the magazine, you can post it on the Western City website right away.

To post your job opportunity ad on our automated website, visit www.westerncity.com or contact Kimberly Brady, Western City’s administrative assistant; email: kbrady@ cacities.org; phone: (916) 658-8223.

magazine, it will be

PUBLIC WORKS Contract Staffing

posted at no additional charge on our website.

CIP Projects & Maintenance

For rates and deadlines,

›› Finish

more CIP projects! ›› Temps for OSHA audits ›› Staff for all Public Works operations ›› Project Mgr. & Grants Writer ›› Administrative and Clerical help too

visit www.westerncity. com and click on the Advertise link.

Serving all Cities in California!

Maintenance Workers at your Corp. Yard by Monday!

1-866-406-MUNI (6864) www.munitemps.com

www.bobmurrayassoc.com

Watch for these Upcoming Opportunities:

Secure your access to the publication read

by California’s leaders Western City is the pre-eminent source for busy professionals, featuring California city government.

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

18

League of California Cities

• City of Long Beach Gas & Oil Department, CA Superintendent of Engineering • California State University, San Marcos, CA Risk Manager • California State University, San Bernardino, CA Police Chief • California State University, San Bernardino, CA Lieutenant • San Francisco International Airport, CA Director, Safety and Security Services • Monterey Regional Waste Management District, CA General Manager

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

www.cacities.org

J

O

B

O

P

P

O

R

T

U

N

I

T

I

E

S

Assistant City Manager City of Escondido, CA

“City of Choice”

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. A full-service city, Escondido employs over 700 staff. Appointed by the City Manager, the ideal candidate possesses a big-picture perspective, business approach, solid interpersonal skills, municipal budgeting skills, political savvy, and has the ability and desire to step up into the leadership role. Bachelor’s degree in public or business administration or a related field is required; Master’s degree is preferred. Salary range is $153,492 to $207,216 DOQ.

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Resumes acknowledged within two business days. Call Bobbi Peckham at (866) 912-1919 for more information.

A detailed brochure is available at www.peckhamandmckenney.com.

Filing deadline is March 4, 2015.

VENTURA COUNTY Ventura County (population 830,000) is seeking a new Human Resources Director. With 8,345 full-time employees organized into 23 different agencies, departments and special districts, and an annual budget of over $1.8 billion, the County provides a full range of services.

Human Resources is a department within the County Executive’s Office and operates with a staff of 41 FTEs and a budget of over $4.5 million. Reporting to the Assistant County Executive, the Director of Human Resources oversees recruitment, HUMAN employee training and development, RESOURCES benefits administration, classification compensation, health promotion and DIRECTOR and work/family balance. The ideal candidate will be collaborative, creative, innovative and a strong administrator.

Building positive and effective relationships and a customer service orientation and track record are also essential.

William Avery & Associates Management Consultants 31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030 408.399.4424 Fax: 408.399.4423 email: jobs@averyassoc.net www.averyassoc.net

A BA/BS degree is required as are at least five years of increasingly responsible experience in a human resources leadership capacity, including the supervision of professional staff. A Master’s degree is highly desirable. The salary range for this position is $132,070- $194,161 annually, which includes a 5% educational incentive. A formal job announcement, including benefit information, closing date and how to apply, are available at www.averyassoc.net.

Photo/art credits Cover, Pages 10–11: George Spade/ Shutterstock.com

Page 12: Ksb/Shutterstock.com

Page 3: Joshua Rainey Photography/ Shutterstock.com

Page 14: Steven Frame/Shutterstock.com

Page 5: Elesi/Shutterstock.com Page 6: Johnny Habell/Shutterstock.com; website promo, Connel/Shutterstock.com Page 9: top, Evlakhov Valeriy/Shutterstock.com; bottom, Digital Genetics/Shutterstock.com

www.westerncity.com

Page 13: Muratart/Shutterstock.com Page 16: Sergey Nivens/Shutterstock.com Page 17: Courtesy of the City of Long Beach and League of California Cities Page 22: website promo, Syda Productions/ Shutterstock.com

CITY MANAGER The City of Solana Beach (Pop. 13,000) is seeking qualified applicants to serve as City Manager of this lovely beachside community in dynamic northern San Diego County. The City of Solana Beach is a lean organization in which the City Manager has a wide range of responsibilities. In addition to providing overall administrative leadership to the organization, the City Manager’s Office directly supervises the Redevelopment Successor Agency, Human Resources, Information Technology, Environmental Sustainability, Budget and Administration, Cable Television Administration, Legislative Analysis, Recreation Programs, Park Development, Special Event Coordination, Special Projects, Capital Improvement Administration, Grants, Shoreline Policies, and Public Art Program. The City Manager’s Office also oversees Public Safety functions, which include the Fire Department and Marine Safety. Requires a Bachelor’s degree from an accredited college or university; a Master’s degree is desirable. Hands on experience as a city manager, assistant city manager, or department head in a community of similar size and complexity to Solana Beach is highly desirable. Competitive salary DOQ, with an excellent benefits package, including CalPERS (2% @ 60 for Classic Members; 2% @ 62 for New Members).

Candidates are encouraged to apply

by Friday, February 20, 2015. Electronic submittals are strongly preferred. Email compelling cover letter, comprehensive resume, salary history, and five professional references to apply@ralphandersen.com. Confidential inquiries welcomed to Jim Armstrong or Dave Morgan, Ralph Andersen & Associates, at (916) 6304900. Detailed brochure available at www.ralphandersen.com.

Ralph Andersen & Associates

Western City, February 2015

19

Cost-Effective Public Records Act Compliance and Records Transparency Following Proposition 42, continued from page 16

to assist staff in locating all responsive records, preserve requester contact information and help resolve any later dispute regarding the request.

Cities have a duty to assist requesters in locating public records.

J

O

B

O

P

P

O

R

T

U

N

I

T

I

E

S

Require requesters to deposit duplication costs before duplication. Cities can avoid unrecovered copying costs by requiring a requester to deposit the copying cost before staff copies the records requested.

New opportunities . . .

City Engineer Administrative Services Director City of Tracy For detailed information on these and other current opportunities, visit the TB&Co. website at www.tbcrecruiting.com Teri Black • 424.296.3111 Carolyn Seeley • 949.487.7606 Steve Parker • 949.322.8794

Community Development Director

City of Stockton, CA Rich in heritage and diversity, Stockton is the 13th largest city in California and is rapidly becoming an integral part of the San Francisco Bay Area economy. With a population of 300,000, Stockton combines the amenities of a major metropolitan city with a more affordable lifestyle. Appointed by the City Manager, the Community Development Director will oversee a staff of 33 in the divisions of Building & Life Safety, Planning & Engineering, and Business Operations; FY 2015 budget of $7.7M. This position provides exciting new projects and opportunities for the Director and department to enhance the customer service and development within the city. A Bachelor’s degree in planning or a related field is required; Master’s degree is preferred. Salary range is $129,300 to $165,000 DOQ.

20

League of California Cities

Determine records duplication costs before duplication, and inform the requester. Letting requesters know the cost of duplicating records may result in the requesters’ inspecting records before requesting copies.

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Resumes acknowledged within two business days. Call Bobbi Peckham at (866) 912-1919 for more information.

A detailed brochure is available at www.peckhamandmckenney.com.

Filing date is March 12, 2015.

Disclose non-exempt, requested records promptly. The Public Records Act does not prescribe a particular deadline for disclosing public records as it does for responding to records requests — only that records be disclosed “promptly.”

Disclosing upon request records that a city possesses and that are clearly subject to disclosure can speed records access and simplify follow-up.

Inform requesters of records disclosure delays. Cities should alert requesters when records disclosure will be delayed and explain why. Doing so can establish a record of a city’s efforts to disclose records promptly and help avoid unnecessary litigation. A requester can voluntarily grant a city additional time for disclosing records and is more likely to do so when the city has kept the requester informed.

Disclose records in response to voluminous and multiple requests on a rolling basis. Providing records as they become available helps speed records disclosure and can help reduce a city’s exposure to litigation.

Consider duplicating and disclosing records electronically. Duplicating and disclosing records electronically can facilitate rapid and inexpensive records disclosure and help cities maintain records of information disclosed in response to records requests. However, cities cannot disclose records only in electronic form. Requesters are entitled to receive records that are subject to disclosure in any form in which a city maintains and can disclose them.

www.cacities.org

Retain copies of records requests and records disclosed. Maintaining a record of information requested from and disclosed by a city is invaluable in case of public records litigation. Doing so also streamlines disclosing records for subsequent requests.

Allow requesters to use their own copying service. Cities cannot require that requesters use their own copying service to duplicate records, but should permit requesters to do so as long as they are able to safeguard the records’ integrity.

Effective Records Management How effectively cities manage their records can impact the staff time required and the cost of complying with the Public Records Act, help maintain and enhance agency transparency and promote effective city operations.

Update city records retention policies and schedules. Many cities adopt the California secretary of state’s sample records retention policy as their own. Although permitted, this is not recommended because cities’ records categories may vary significantly.

Cities should adapt records retention policies and schedules to conform to their own records.

Train city staff on — and follow — city records retention policies. Staff should receive training on the city’s records retention policies to ensure that records are retained and available for requesters as required by law and that records no longer required to be maintained or needed for conducting city business are destroyed.

Consistently implementing city records retention policies helps keep records archives manageable and reduce storage costs. It may also avoid unnecessarily extensive records searches.

Invest in scanning equipment, adequate data storage and search capability. Recent advances in records storage and search technology allow cities to organize and retrieve massive amounts of information more efficiently and inexpensively. Modern information storage and retrieval hardware and software can greatly streamline a city’s records storage, location, review and disclosure functions.

It may cost more in staff time for some cities to supervise records inspection than to provide copies.

J

O

B

O

P

P

O

R

T

U

N

I

T

I

E S

CITY OF OXNARD The City of Oxnard is seeking to fill three key management positions. Located on the beautiful Southern California coast, the City of Oxnard with over 200,000 residents is about 60 miles northwest of Los Angeles and 35 miles south of Santa Barbara. Oxnard has a current all-funds budget of over $358 million, and employs just over 1,200 employees. With the new City Manager who is leading an organizational transformation initiative, these positions will be significant players in creating a new leadership model. Candidates, who are committed and strong change agents who enjoy the challenges found in building a new team and reputation, will find these opportunities extremely rewarding.

Assistant City Manager $163,290-$224,523 Closing: February 9, 2015 Utilities Director

$140,213-$192,793 Closing: February 13, 2015

Housing Director

$115,047-$158,189

William Avery & Associates Management Consultants

1 Closing: February 16, 2015 3 /2 N. Santa Cruz Ave., Suite A

Coming Soon: City Attorney, Finance Director and Development Services Director

Los Gatos, CA 95030

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

Formal job announcements, including benefit information and closing dates, are available at www.averyassoc.net. For further information contact Bill Avery at 408-399-4424 or Ann Slate at 805-459-5132.

Community Development Director City of San Clemente, CA

Located midway between Los Angeles and San Diego, the beautiful coastal city of San Clemente is a familyoriented community of about 65,500 residents and encompasses 18.5 square miles. San Clemente enjoys a stable organization with strong, award-winning financial planning and a supportive City Council. The City has approximately 185 FTEs, and the Community Development Director will report to the City Manager and oversee a staff of 29.75 FTEs in the divisions of Building, Planning, and Code Compliance; annual budget is $4.6M. Proven local government leadership experience and the equivalent of a Bachelor’s degree in urban planning, public administration, or related field is required. Coastal experience is strongly desired.

Current salary range is $134,076 to $162,972 DOQ.

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Resumes acknowledged within two business days. Call Bobbi Peckham at (866) 912-1919 for more information.

A detailed brochure is available at www.peckhamandmckenney.com.

Filing deadline is March 6, 2015.

continued www.westerncity.com

Western City, February 2015

21

Cost-Effective Public Records Act Compliance and Records Transparency Following Proposition 42, continued

Cities can adopt policies and practices that enhance transparency, avoid and minimize liability, and reduce compliance costs.

J

O

B

O

P

P

O

R

T

U

N

I

T

I

E

S

CITY OF REDDING The City of Redding is seeking to fill a City Attorney position. The City is a dynamic community located at the north end of the Sacramento Valley. Redding has a superb climate with moderate springs and falls, sunny summers with low humidity and mild winters. A 28-mile trail along the Sacramento River, numerous community parks, a world-class museum and continuous community events provide for a healthy environment in which to live and work.

The ideal candidate is one who has a “can do” and creative approach to problem solving and toward achieving goals established by the City Council. It requires a good working knowledge of civil, administrative and municipal law and procedures, including William Avery & Associates CITY civil and criminal litigation, real property, Management Consultants ATTORNEY land use, personnel, utilities and contract 31/2 N. Santa Cruz Ave., Suite A law. Strong communication skills, a customer Los Gatos, CA 95030 service orientation and the ability to effectively lead the City Attorney’s 408.399.4424 staff that includes two Assistant City Attorneys, and two Legal Assistants Fax: 408.399.4423 will be essential. email: jobs@averyassoc.net www.averyassoc.net

The qualifications for this position include: JD from an accredited law school; membership in the State Bar of California; 10 years of relevant experience in the practice of law and four years of municipal-law experience. Public and private experience is preferred. A formal job announcement, including benefit information, closing date and how to apply, are available at www. averyassoc.net. For further information contact Bill Avery at 408.399.4424 or Ann Slate at 805.459.5132.

Conclusion The strategies discussed here can help support and improve city policies and practices throughout California that are essential to maintaining the transparency and availability of the peoples’ records in the local government’s charge. Adopting these approaches can achieve greater transparency and more efficient and cost-effective compliance with the Public Records Act while promoting effective records management. ■

Looking for Footnotes?

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

Road Diets Can Increase Your City’s Economic Vitality

Development Services Director Salary $122,244 - $ 183,384 Annually, DOQ The City of Lancaster, located in northern Los Angeles County is seeking a seasoned professional to fill this position.

Qualified candidates will have five or more years of increasingly responsible supervisory/management experience in at least two of the following disciplines: engineering, planning, public administration, public works. The ideal candidate will possess superior communication and interpersonal skills; and the ability to work collaboratively with others. A Bachelor’s degree in civil engineering, community development, urban planning or a closely related field is required. A Master’s degree is preferred.

22

To apply, submit a cover letter, resume, current salary and contact information, including email address. For more information visit our Website: www.cityoflancasterca.org

Read the Website Exclusive at

Position is open until filled. Application screening will begin in January 2015.

www.WesternCity.com

League of California Cities

www.cacities.org

A Renaissance for Long Beach Airport, continued from page 17

specifically chosen to mark the occasion.

The response from the public to the updated facility has been extremely positive.

Improvements Build on Historic Character The modernization preserves the historic terminal as the crown jewel of the airport.

The airside view of the iconic structure is now open to the public with a plaza where travelers can reunite with loved ones. Inside the terminal, attractive Works Progress Administration mosaics depicting major industry in Long Beach were restored, enhancing LGB’s nostalgic charm.

The improvements blend LGB’s rich history with a contemporary sensibility.

New features include a consolidated security screening area, spacious boarding lounges, and an expanded food and beverage program with favorite local restaurants. Travelers can relax in an open atrium replete with palm trees or enjoy bright and airy seating areas flanked by floor-to-ceiling windows that offer expansive views of the airfield and spectacular sunsets. Modern conveniences include a tablet bar where people can check email or order food to be delivered to their seat, and USB plug-ins and electrical outlets to recharge electronic devices are conveniently placed among the seating areas. Free Wi-Fi is provided throughout the airport.

Eclectic dining options among the eateries reflect the diverse culture of Long Beach, and menus feature fresh food and healthy selections. In addition, LGB negotiated with the concessionaire so airport establishments would deliver the same street-level pricing as the brick and mortar locations in the city.

The new concourse’s sustainability features include green technology and a solar array that will offset 13 percent of the facility’s power demand. In addition, the use of natural lighting throughout the concourse helps reduce energy demand.

Kudos for LGB Long Beach Airport was recently named in a BBC list of the 10 most beautiful airports in the world and in a Fodor’s

www.westerncity.com

Contact: Cassie Perez-Harmison, public affairs specialist, Long Beach Airport; phone: (562) 570-2636; email: Cassie.Perez-Harmison@longbeach.gov. ■

Travel list of the top 10 airport terminals for 2014.

Long Beach Airport is now a world-class gateway for the traveling public that reflects the distinct character of Long Beach and Southern California. For more information, visit www.lgb.org.

J

O

B

O

P

P

O

R

T

U

N

I

T

I

E S

Director of Administrative Services City of Tracy, CA

L

ocated in the heart of California’s Central Valley on the edge of the East Bay, the City of Tracy (pop. 80,000) conveniently lies at the convergence of three major interstate freeways. This full-service city is supported by 456 full-time equivalent employees and a FY2014-15 General Fund budget of $56.4 million (total operating budget $126 million). Tracy’s Director of Administrative Services oversees Finance, Human Resources and Information Technology and is supported by 31 staff.

The ideal candidate will be a high energy leader who is committed to continuous improvement.

He/she will be well versed in all aspects of municipal finance and possess a strong background in human resources. Typical qualifications would consist of seven years of experience in a comparable setting with at least three years of management experience. A Bachelor’s degree is required; a Master’s degree and/or CPA is preferred.

The salary range for this position is $135,808 - $164,943 and is supplemented by an attractive benefits package. This recruitment will close on Sunday, February 22, 2015.

For detailed brochure and to apply online, visit www.tbcrecruiting.com.

Teri Black • 424.296.3111 Carolyn Seeley • 949.487.7606

Finance Director

City of Pittsburg, California Pittsburg is a growing, culturally diverse community of over 66,000 residents ideally located at the gateway to northern California’s incredible Delta, the largest estuary on the west coast with over 1,000 miles of waterways.

The city’s FY2014/2015 General Fund Revenues are budgeted at $34.9 million and with a staff of 17 the Finance Director is responsible for the major program areas of investment management of a complex portfolio, cash management, citywide budget, and financial and accounting functions including general ledger services, utility billing, expenditure control, and purchasing. A key member of the City’s leadership, the ideal candidate will have a significant breadth and depth of professional municipal experience. Bachelor’s degree in related field and five years experience required, Master’s preferred.

Salary range is from $133,128 to $161,820 DOQ along with comprehensive benefits.

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Resumes acknowledged within two business days. Call Phil McKenney at (866) 912-1919 for more information.

A detailed brochure is available at www.peckhamandmckenney.com.

Filing deadline is March 2, 2015.

Western City, February 2015

23

P

R

O

F

E

S

S

I

O

N

A

L

S

E

R V

I

C

E

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

S

D

I

R

E

C

T O

R Y

Bobbi C. Peckham • Phil McKenney

Peckham&McKenney “All About Fit” www.peckhamandmckenney.com Roseville, CA

866.912.1919

916.630.4900

Specializes in Executive Search

Sherrill Uyeda Cindy Krebs Syldy Tom

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

Headquarters Office

400 Oceangate, Suite 510 Long Beach, CA 90802 T: (562) 901-0769 F: (562) 901-3082

www.RalphAndersen.com

www.allianceRC.com http://twitter.com/Alliancerc facebook/Alliance Resource Consulting, LLC

Public Sector Human reSourceS conSulting

n

Koff & Associates

Solving the Human Resources Puzzle for 30 Years

Classification & Compensation Studies Staff and Executive Recruitment Organizational Assessments Performance Management HR Audits and Compliance

(510) 658-5633

www.KoffAssociates.com

HF&H CONSULTANTS, LLC

HELPING LOCAL GOVERNMENT LEADERS

Managing Tomorrow’s Resources Today Providing Consulting Services to Recycling, Solid Waste, Water and Wastewater Management for more than 20 Years

• Planning • Procurement • Management

• Financial/Rates • AB939 Compliance • Litigation Support

www.hfh-consultants.com Walnut Creek (925) 977-6950

24

League of California Cities

Irvine (949) 251-8628

managementpartners.com Budget Strategies ∙ Service Sharing Organization Analysis ∙ Performance Management Process Improvement ∙ Strategic Planning Executive Recruitment ∙ Facilitation/Team Building

E XPERIENCE , T ALENT , COMMITMENT TO PUBLIC SERVICE San Jose ∙ Orange County ∙ Cincinnati ∙ 408-437-5400

www.cacities.org

P

R

O

F

E

S

S

I

O

N

A

L

S

The Best Procurement Solution for Public Agencies

E

R V

I

C

E

S

D

I

R

E

C

T O

R Y

Contact: Allan Crecelius or Sandra Comrie

12707 High Bluff Dr., Ste 200 San Diego, CA 92130 Tel 858.259.3800 fax 858.792.7465 acrecelius@rewardstrategy.com

Exceeding clients’ expectations since 1987.

Co-sponsored by the League of California Cities

www.uscommunities.org

Classification | Compensation Special Surveys | Performance Management

Providing a Complete Range of Services to Cities, Counties and Special Districts

• Management, Leadership & Organizational Assessments • Financial Management, Fee Studies & Fiscal Sustainability • Human Resource Management, Labor Relations & Investigations • Recreation, Parks & Community Services • Police, Fire & Communication System Studies • Public Works & Engineering • Library Operations • Planning, Community & Economic Development • Project Management

675 Hartz Avenue, Suite 300 • Danville, CA 94526 866-426-2323 • www.municipalresourcegroup.com

matrix consulting group 201 SAN ANTONIO Circle, Suite 148 MOUNTAIN VIEW, CA 94040 650.858.0507 • www.matrixcg.net Offices in California, Texas, Illinois, Massachusetts & Washington

Management and operations studies Feasibility studies User fees and cost allocation Police • Fire • Public Works • Utilities Parks & Recreation • Administration Planning & Building

SPECIALISTS IN CLASSIFICATION, JOB EVALUATION AND COMPENSATION

5663 Balboa Ave., #399, San Diego, CA 92111-2705 915 L Street, #C-102, Sacramento, CA 95814 Brentwood Village, 149 S. Barrington Ave., #726, Los Angeles, CA 90049-2950 1-888-522-7772 • www.compensationconsulting.com Offices in various major cities

www.westerncity.com

Creating value by delivering innovative and sustainable solutions for infrastructure and the environment.

Planning & Urban Design Environmental Services Public Works Surveying & Mapping GIS Community Engineering www.rbf.com

■

Transportation Planning & Engineering Traffic Engineering & Mobility Planning Structrual Water Resources

www.mbakercorp.com

■

800.479.3808

Working in Partnership with Local Communities Municipal Engineering Building Plan Review, Inspection & CASp Staff Augmentation Construction Management Fire Prevention Services Sustainability Programs Digital Plan Review Code Enforcement Planning Services

(888) 794-2016

www.csgengr.com

San Mateo • Santa Ana • Sacramento • Salinas • Pleasanton • Newman

Western City, February 2015

25