Western City June 2016 by Western City Magazine

JUNE 2016 |

The Monthly Magazine of the League of California Cities®

Carlsbad Focuses on Economic Opportunities in High-Tech Sectors p.13 Maximizing Revenue From City Property With Municipal Leases p.9 Gigabit Networks: Tomorrow’s Infrastructure p.11

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CONTENTS 2 Calendar of League Events 3 President’s Message

arlsbad Focuses on C Economic Opportunities in High-Tech Sectors

By Christina Vincent

city biotech incubator, a A talent attraction campaign and a higher education initiative for workforce development help foster economic growth.

6 City Forum

ollaboration With C CAMTC Results in Safer Communities

By Eva Spiegel

By Ahmos Netanel

he League offers many ways to T stay current on the latest legislative activity, advocacy efforts and professional development opportunities.

he California Massage Therapy T Council (CAMTC) certifies massage professionals who meet the Massage Therapy Act’s requirements.

News From the Institute for

easuring Progress M on Massage Therapy Oversight, Collaboration and Governance

By Chris McKenzie

hile CAMTC has taken positive W steps to increase transparency and accountability, some additional work is still needed.

Using Technology to Better Serve Our Communities

By L. Dennis Michael

Many California cities are looking at how the Internet of Things can serve the public.

League Communications Keep Members Connected

Local Government

Fresno Uses Mobile App to Reach and Engage the Community

he app facilitates a dialogue with T Fresno’s diverse residents.

L egal Notes Maximizing Revenue From City Property With Municipal Leases

By Bruce Galloway

municipal lease transaction A should be evaluated for various legal issues.

igabit Networks: G Tomorrow’s Infrastructure

By Drew Clark

ities recognize that they will C need advanced networks within the next decade.

Job Opportunities 20 Professional Services 30 Directory

On the Record

Cover photo: MTR/Shutterstock.com

Mayors and council members describe the most helpful aspect of League membership.

www.cacities.org/prescriptiondiscount

President L. Dennis Michael Mayor Rancho Cucamonga

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

First Vice President JoAnne Mounce Council Member Lodi

Second Vice President James Goodhart Mayor Palos Verdes Estates

Immediate Past President Stephany Aguilar Council Member Scotts Valley

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

JUNE

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

2–3

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.

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

Administrative Assistant Kimberly Brady (916) 658-8223 email: kbrady@cacities.org

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

Contributors Martin Gonzalez Melissa Kuehne Corrie Manning Patrick Whitnell

22–23

Mayors and Council Members’ Executive Forum, Monterey The forum offers sessions to keep elected officials up to date on key issues.

Associate Editors Carol Malinowski Carolyn Walker

Advertising Design ImagePoint Design

Mayors and Council Members’ Advanced Leadership Workshops, Monterey The workshops offer local elected officials who attended the preceding Executive Forum an opportunity to explore in greater detail topics such as managing municipal finances and resources.

For photo credits, see page 21.

24–25

Design Taber Creative Group

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. Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2016 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume XCII, No. 6.

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

OCTOBER 5 –7

League of California Cities 2016 Annual Conference & Expo, Long Beach The conference offers dozens of educational sessions, numerous professional development opportunities, hundreds of exhibits and a chance to participate in the League’s policy-making activities.

Event and registration information is available at www.cacities.org/events. ED US IN NT RI

IND EN

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.

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President’s Message by L. Dennis Michael

Finding and rescuing lost or injured hikers can be a challenge in terrain without identifying landmarks. The City of Rancho Cucamonga will deploy drones to help locate hikers requesting assistance.

Using Technology to

Better Serve Our Communities

his month Western City focuses on technology, and some exciting things are happening in this area. Many California cities are looking at ways to put the Internet of Things to work in serving the public. Writer Jacob Morgan offered this definition of the Internet of Things in a May 13, 2014, Forbes article: Simply put, this is the concept of basically connecting any device with an on and off switch to the Internet (and/or to each other). This includes everything from cellphones, coffee makers, washing machines, headphones, lamps, wearable devices and almost anything else you can think of … if it has an on and off switch then chances are it can be a part of the Internet of Things … The Internet of Things is a giant network of connected “things” (which also includes people).

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Many of us already experience the Internet of Things in our households with the ability to handle many tasks remotely, such as lock and unlock doors, turn lights on and off, set an alarm system or open the garage door. In my city, Rancho Cucamonga, we are asking ourselves how we can make more use of technology in serving the public — and how that intersects with the Internet of Things. For example, what if streetlights had multiple uses? In addition to lighting the streets, they could perhaps be used as signal beacons to report incidents or they could self-report when the light stops working and needs replacing. continued

Western City, June 2016

Using Technology to Better Serve Our Communities, continued

If there are no boundaries to the functionality of our infrastructure, what might we envision? Another possibility is using some type of metrics along fire hydrant lines to alert city staff to a problem, whether itâ&#x20AC;&#x2122;s a mechanical failure or vandalism causing a malfunction. The Internet of Things holds great promise for essential community services.

Innovative Ways to Show Data and Engage Residents Most cities have a great deal of available geospatial data, which historically has been used in engineering and planning. But that data presents some intriguing opportunities when considering ways to optimize services. By putting the data into an easy-tounderstand format, you can potentially turn the least engaged city resident into a very engaged person. Geographic information systems (GIS) data can be repackaged in a way that makes the information readily accessible. For example, data that shows all responses, such as police, fire and public works, in a map format could be useful for residents, business owners and city staff.

When people see a map of where they live or work, it stimulates their interest in their neighborhood and community, and the map can link them with additional city-related information, services or social media.

Telling City Stories in a New Way Bedroom communities, such as Rancho Cucamonga, can be challenging to engage. We are exploring the use of story maps, which present a set of images related to GIS data, to capture the interest of residents. One project currently underway in Rancho Cucamonga uses story maps for public artworks projects and shows the connectedness of public art projects. People can learn more about public art throughout the city by using the online and mobile-optimized story maps, which complement walking tours. Efforts like these can help drive community members who werenâ&#x20AC;&#x2122;t previously involved in city matters to become interested in what the city has to offer. Story maps provide a way to showcase many city features, such as historical community resources and more.

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Cities are continually exploring ways to serve community members on multiple levels — whether they need assistance at the City Hall front counter or a mobile app for quick inquiries, online applications, permits and so forth. New technologies are helping bring City Hall services to those who seek them.

Innovative Solutions to Public Safety Challenges Rancho Cucamonga is also in the early stages of using a relatively new technology — drones — to help address the long-standing public safety issue of lost and injured hikers in the Cucamonga Canyon and surrounding areas in the region. The terrain can be dangerous, and hikers can easily become lost or injured. Even if they are in an area with cellphone service, there are often no identifying landmarks that they can use to help rescue personnel locate them. Finding them can be a slow, cumbersome and labor-intensive task. We looked at the types of information a drone can uniquely acquire in such a situation and how a drone that transmits real-time video could improve our ability to respond. To get this project started, the city applied for a license from the Federal Aviation Authority (FAA), which licenses public aircraft operations (www.faa.gov/uas/public_operations). The FAA asks the applicant agency to provide details on the geographic and mission parameters. In our case, Ontario Airport is located 5 miles south of the city, so air traffic concerns play a major role in using these drones. The drone project will use high-definition and night-vision (thermal imaging) reconnaissance to locate lost and/or injured hikers.

Read More About Technology and Public Service Visit www.westerncity.com to read these related articles from our archive: • Technology, Tools and Techniques to Reach Your Community; • Putting Technology to Work;

Licensed pilots will operate two drones — one is a mission drone and the other is a training drone, which is less expensive to replace. This drone service will be available to the Fire Department 24/7. At this time, the only option in most cases is to send a helicopter to search for the lost or injured people. In many cases, once they are located, there is a delay between finding them and getting the needed services to them, depending on the amount of assistance, support and personnel required. We anticipate that by using drones, we will be better equipped to find lost or injured individuals and evaluate which services are needed — and ultimately get help to them much faster. The drones’ thermal imaging capability also presents exciting possibilities related to real-time mapping for wildfires. Thermal imaging provides information on “hot spot” areas so that city officials and public safety staff can safely evacuate a neighborhood when a fire threatens. Rancho Cucamonga is examining ways to send video from the drones to the Emergency Operations Center during wildfires.

Looking to the Future These are just a few examples of how technology can help cities reach out to and support our communities. I encourage you to explore the new opportunities provided by technology and creative thinking. Talk to your residents and local businesses about what they need and how the city can best connect them with information and services, and invite city staff to brainstorm how technology can help better serve the public. The possibilities are limitless. ■

The Internet of Things enhances community services and helps cities examine potential new ways that infrastructure, such as fire hydrants and streetlights, can function beyond its originally intended purposes.

• Using Technology to Enhance Transparency; • Local Agency Opportunities for Website Transparency; • Website Content for Local Agencies to Consider: A Checklist; • Electronic Transparency and Open Data: A Movement Worth Joining; • The Challenges of Open Data and Privacy Issues; • Ethics, Transparency and Building Public Confidence in Local Government; • Transparency, Ethics and Doing the Right Thing; and • Cultivating Transparency in Your City.

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Western City, June 2016

League Communications Keep Members Connected by Eva Spiegel

Keeping members up to date on breaking developments in the Capitol, important policy discussions, upcoming events and other resources is vital to the League’s effectiveness as the leading voice for California cities. The League’s various tools and channels utilize a number of technologies so busy city officials can get the information they need both from the Sacramento office and their grassroots regional public affairs managers in a timely fashion. This approach also ensures that members do not miss important updates and key deadlines.

Website is a One-Stop Shop The League website (www.cacities.org) serves as the hub for the organization’s communication. The homepage offers headlines from the latest stories in CA Cities Advocate, an easy-to-use bill search function to look up League positions on legislation, sample letters, action alerts, a calendar of events and much more. Visitors to the website can also find information about the League’s core functions, services, resources and affiliates. The Hot Issues pages (www.cacities. org/hotissues) provide city officials with detailed information on current priority policy areas. Visit the Action Center (www.cacities.org/takeaction) to access action alerts and submit a letter about your city’s position on legislation using the League’s convenient online tool. Regional divisions, policy committees, municipal departments and the League Partner Program all have dedicated pages on the website. The About Us section provides information on the Eva Spiegel is communications director for the League and can be reached at espiegel@cacities.org.

www.cacities.org

League board of directors and how the organization originated in 1898. Members can also find a calendar of League conferences, events and webinars on the website and register to attend at www.cacities.org/events.

Mobile Advocacy App Gives City Officials a Powerful Tool 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 from 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 Advocacy Team. Contact your regional public affairs manager to join the city officials who are part of this growing specialized Advocacy Team. You can find contact information for your regional public affairs manager at www. cacities.org/regionalmanagers.

CA Cities Advocate Provides Timely Updates Published on an as-needed basis, the electronic publication CA Cities Advocate (www.cacities.org/cacitiesadvocate) delivers the League’s news. Typical articles range from updates on recent events in the Capitol and calls to action on legislation to reminders about upcoming League events. CA Cities Advocate includes “California City Solutions,” a regular feature that highlights one of the applicants to the Helen Putnam Award for Excellence program. Although the projects covered are not the award winners, the innovations that these cities implemented serve as best practices that can often be replicated in other cities.

(www.cacities.org/localnewsroundup) features headlines and summaries of news articles from local, state and national publications on issues affecting California cities.

Listservs Connect Members League listservs (www.cacities.org/listserv) offer targeted communication for key segments of the organization’s members. A listserv is simply a group of League members interested in sharing information in a specific subject area via email. To become an active participant and send or receive inquiries, you must be a subscribed member of the list and associated with a League member city. These communication channels allow members to post questions, provide resources to other cities and ask colleagues about current issues.

Social Media Helps Reach a Broader Audience In today’s fast-paced digital world, social media plays a vital role in information sharing. The League uses social media strategically to engage not only members but also the larger sphere of those engaged in advocacy as well as the press and the public. Social media is increasingly the most

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Western City’s Online Archive Covers Many Municipal Topics The League’s monthly publication, Western City, can also be found on social media — on Twitter @WesternCityMag and on Facebook at www.facebook.com/ westerncity. The magazine’s website (www.westerncity.com) provides a useful archive of articles, which can be searched by topic, title or key word. The online version of the magazine publishes the first of each month, allowing readers to share links to articles and features.

Stay Informed The League offers its members many ways to keep up to date on the latest legislative developments, advocacy efforts and professional development opportunities. If you are not already subscribing to CA Cities Advocate, it’s a good place to start — visit www.cacities.org/cacitiesadvocate to sign up. ■

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Local News RoundUp Offers Statewide Overview In addition to staying current on League news, city officials also follow major issues in cities throughout California. The League’s biweekly Local News RoundUp

popular place for people to get news and share what they find interesting. Twitter users can follow the League @CaCities, and League members on Facebook can find the League at www.facebook.com/ leagueofcacities.

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Western City, June 2016

Fresno Uses Mobile App to Reach and Engage the Community Technology provides great opportunities for cities to connect with their residents and improve service delivery, and the City of Fresno is finding ways to do just that. Fresno uses a free mobile app to more efficiently route service requests, evaluate its response to requests and connect with residents. In fall 2015 the city launched FresGO, an app that allows residents to connect directly with city departments and easily submit requests.

Residents can report issues including:

Fresno residents can submit photos and report potholes, malfunctioning stop lights, graffiti and similar issues on the spot — without having to make multiple phone calls or fill out paperwork. On the city side, it gives staff a more complete picture of issues, allowing them to streamline services and identify and address barriers to improving service delivery. For example, the app helped the city recognize a backlog on tree services and identify the resources needed to clear the backlog. The city’s graffiti removal team now also has a 24-hour turnaround time for service requests, making Fresno a more attractive place to live, work and play.

• Blocked roadways;

In addition to improving service delivery, the app facilitates a dialogue with Fresno’s diverse residents, including those who are historically underrepresented. The app allows for dynamic translation into 18 languages and offers features that comply with the Americans with Disabilities Act (ADA). The app also provides push notifications to alert residents of flooding and other emergency events.

• Graffiti; • Water services; • Traffic issues; • Potholes and infrastructure problems; • Illegal dumping; • Abandoned vehicles; and • Parks and recreation repairs or concerns. Residents without smartphones can enter service requests online at bit.ly/1WTprkK. Over 4,500 people downloaded the app in the first six months it was available. That number continues to grow, creating a feedback loop between residents and city departments. Residents and city staff alike can track requests, see if a specific type of request occurs frequently in their area and provide comments. “The need for government to improve customer service and embrace new technology has never been more important,” says Mark Standriff, director of communications and public affairs for the City of Fresno. “Thanks to FresGO, our citizens are now better connected to city services and can see the results in their neighborhood in real time. It’s a mobile front door to City Hall.”

ILG Offers Free Technology to Enhance Public Meetings The Institute for Local Government (ILG) offers local agencies the use of handheld wireless devices for a process known as keypad polling. These devices are typically used in a meeting to gather instantaneous responses from individual participants. When combined with dialogue, this technology allows participants to anonymously select or prioritize options and then immediately view the group’s collective judgment or the opinions of different subsets of participants. ILG also offers digital meeting translation equipment that supports simultaneous translation of public meetings. Each set consists of 40 receivers and headsets as well as the transmitter and speaker/headset for the person translating. The equipment is easy for interpreters and meeting participants to use and features instructions in both English and Spanish. For more information or to borrow the equipment, visit www.ca-ilg.org or contact publicengagement@ca-ilg.org. ■

League of California Cities

www.cacities.org

Maximizing Revenue From City Property With Municipal Leases by Bruce Galloway A city in need of revenue should not overlook leases of city property as a potential revenue source. A long-term lease of city property, which includes rights to require prepayment(s) of fixed rent, can even provide a flexible revenue source. In particular, billboard sites — which typically do not need much land — can provide revenue with only a limited effect on city land and/or operations. However, successful completion of a municipal lease requires addressing various legal issues.

Potential Income If a city sells a larger property outright, this obviously makes the site unavailable for future city needs (unless the city condemns it later). An outright sale of a limited amount of property, such as that required for an advertising sign post, will not necessarily generate much revenue.

An alternative to a sale is a space or ground lease, which could generate more revenue and perhaps be structured to provide flexible revenue. Specifically, a lease could be structured to require: • Periodic payments of fixed rent; • Percentage rent — additional rent that is a percentage of revenues, although that is more common in retail space leases; and/or • An option in favor of the landlord to elect to require some prepayment of fixed rent at specific times. A tenant with a reasonable expectation of profitable business and growing revenue would conceivably agree to such a prepayment and/or percentage rent deal in exchange for the security of a significant lease term.

Although the city would need to pay leasing commissions, a city could engage a real estate broker to market space on such terms in lieu of a request for qualifications or proposals process, which may not be as effective. To avoid the need for complex audits and decrease the likelihood of disputes over measurement and accounting, it would be preferable to define any percentage rent as a percentage of gross revenues, not net revenues. Gross revenues are easier to report, audit and measure and do not invite inflating or misreporting expenses to understate net revenue. The actual business terms negotiated will, of course, be based on the relative desires of each party to reach a deal, and it can be difficult to obtain a clause permitting continued

Bruce Galloway is a shareholder of the law firm of Richards, Watson & Gershon and can be reached at bgalloway@rwglaw.com.

About Legal Notes This column is provided as general information and not as legal advice. The law is constantly evolving, and attorneys can and do disagree about what the law requires. Local agencies interested in determining how the law applies in a particular situation should consult their local agency attorneys.

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Maximizing Revenue From City Property With Municipal Leases, continued

While a municipal lease transaction should be evaluated for various legal issues, the business terms can be structured to provide extra income. The Best Legal Resource for Your Special District

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a landlord to accelerate or require a prepayment of rent; however, to enter into any municipal lease, a city will need to consider the following legal issues.

Legal Issues Public Purpose. A city needs to have a public purpose in connection with a lease. One possible public purpose is economic development; however, given the absence of clear case law on economic development as a public purpose, it would also be prudent to provide for specific public uses in the lease (such as city use of signage and/or public parking) to support the public benefit rationale. In the case of a sign site, the city should also adopt a carefully drafted policy regarding city use of the sign so that the sign does not become a “public forum.” (Reserving time on the sign for messages of local businesses, nonprofits or charities at no or discounted cost can potentially make the sign a “public forum” under First Amendment law, and the city and owner could thereby lose control over who can use the sign.) Zoning and Recorded Restriction on Use. To determine whether a sign or other use could be permitted on a particular city property, a city must evaluate not only zoning limitations but also: • Restrictions of record — that is to say, title exceptions; • Whether any conditions on use were imposed by the grantor if the property was obtained by a dedication, and whether any conditions on use are required by law applicable to grant funds if the property was obtained using grant funds; and • If the property is an easement or right of way, the nature of the city’s interest — which may restrict the permitted use. For example, in the last case, it is not clear that a “right of way” can or should be used for sign or other commercial purposes unless perhaps the rights of way are vacated and the city owns the underlying fee interest. continued on page 22

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Gigabit Networks: Tomorrow’s Infrastructure by Drew Clark

A century ago, our nation had two networks of wires that pretty much went everywhere. One was for electricity, and the other was for telephone calls. Both came to be seen as necessities for modern life. Today, gigabit networks are the new necessity. As with electrical and telephone networks in the 20th century, gigabit networks are the essential infrastructure for tomorrow’s cities. Simply put, a gigabit network is a communications infrastructure capable of delivering broadband Internet services at 1,000 megabits per second, or roughly

100 times the average broadband download speed in the United States. Take Copenhagen’s Smart City deployment. It’s one of dozens around the world that have installed networks of sensors enabling drivers to better navigate traffic. The network has the capability to ease parking congestion and more efficiently enable trash pickups.

Or consider the needs of 21st century businesses. Super-fast broadband is no longer optional for offices, studios, factories or hospitals. Core business assets are hosted in the cloud, shared globally and require the greatest bandwidth connection. Hospitals need secure, super-fast connections to provide access to the highest quality medical care. Residents and small businesses increasingly desire fiber-optic speeds.

Many Roads to a Gigabit To understand how to manage this new challenge, it is useful to first examine how we got here. continued on page 26

Drew Clark is an attorney with the law firm Best Best & Krieger LLP and can be reached at drew.clark@bbklaw.com.

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Western City, June 2016

A biotech incubator attracts scientists and startups; a student pursues a robotics certificate at MiraCosta Collegeâ&#x20AC;&#x2122;s new Technology Career Institute, left. The City of Carlsbad is partnering with the college to build the workforce and meet local employersâ&#x20AC;&#x2122; needs. below

Carlsbad Focuses Opportunities in by Christina Vincent

League of California Cities

on Economic High-Tech Sectors The City of Carlsbad (pop. 113,000), a coastal community located in northern San Diego County, is home to a technology industry that has experienced enough growth to be tracked in multiple categories: information communication technology, biotech, clean tech and action sports, which include technologies embedded in high-performance equipment and wearable items. Carlsbad recently launched three initiatives — a city biotech incubator, a talent attraction campaign and a higher education

initiative for workforce development — to help foster economic growth.

Biotech Incubator Is a PublicPrivate Partnership The city’s biotech incubator opened in 2013 to provide low-cost lab space and equipment for startup companies. The 21-bench laboratory operates out of a 6,000-square-foot, city-owned building leased to the organization Bio, Tech and Beyond, which operates the incubator.

Bio, Tech and Beyond describes itself as “a group of do-it-yourself bio-entrepreneurs, educators, engineers, scientists and hobbyists doing innovative bootstrapped basic research and building an open science community.” Local scientists can lease a dedicated 10foot bench for approximately $1,000 per month, which includes access to resources such as liquid nitrogen, sophisticated lab equipment and a community of other scientists and biotech entrepreneurs. continued

Christina Vincent is economic development manager for the City of Carlsbad and can be reached at Christina.Vincent@carlsbadca.gov.

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Western City, June 2016

Carlsbad Focuses on Economic Opportunities in High-Tech Sectors, continued

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This self-sufficient public-private partnership incubator is supported through membership fees, corporate sponsorships, grants, crowdfunding and community support. By encouraging entrepreneurship, the city helps talented scientists test theories and potentially life-saving therapies in a dedicated venue, which in turn fosters the creation of new companies and new jobs. The incubator fits well in a community that already houses more than 190 life sciences firms. Since the project’s inception, 32 new startups have been created, which generated over 40 new jobs locally and more than $1 million in local economic activity. In addition, startups from the incubator have attracted venture capital to help them grow; for example, one company has received $3.2 million for its cell-separation technology used in cancer treatment. “It’s inspiring to be around people who are like-minded, who want to start something new and make a difference,” says Ewa Lis, founder and chief technical officer at Koliber Biosciences, one of the incubator startups.

Talent Attraction and Business Engagement Pay Off In 2013 the city also launched an economic development and talent-attraction program called Carlsbad, Life in Action® that supports local entrepreneurship and includes a list of global corporations based in Carlsbad. The Carlsbad, Life in Action® website (www.carlsbadlifeinaction.com) offers timely news, updates and infographics about key business industries.

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High-tech Business by the Numbers in Carlsbad Sector

Average Annual Salary

Biotech

$125,000

> 7,300

Action Sports

$ 95,000

> 2,900

Information Technology

$120,000

> 10,000

Clean Tech

$120,000

> 4,700

As part of this program, Carlsbad organized a Startup Showcase event for companies operating in the Bio, Tech and Beyond incubator. Nine incubator startups pitched their innovative solutions in three minutes each to media, venture capitalists and businesses, resulting in increased opportunities for the entrepreneurs. The city included footage from this showcase event in a Carlsbad, Life in Action® video that can be viewed at tinyurl.com/CarlsbadBTNB. The Carlsbad, Life in Action® program also engages industry and national media to help inform a broad audience about the innovation these companies offer and encourage talented individuals to consider such career options. A few times per year, several reporters and editors participate in industry cluster tours that include more than 30 participating Carlsbad companies. More than half of the jobs in action sports manufacturing in San Diego County are located in Carlsbad, with close to 40 companies in this sector. Carlsbad companies registered over 1,100 patents in action sports manufacturing between 2008 and 2015.

Prioritizing Higher Education The most recent initiative underscores the city’s commitment to higher education as a way to develop the workforce and fill talent needs. In 2015 MiraCosta College’s new Technology Career Institute expanded and relocated into a building owned by the city. This marked a significant milestone in talent development,

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Western City, June 2016

Collaboration With CAMTC Results in Safer Communities by Ahmos Netanel The California Massage Therapy Council (CAMTC) and cities share a common goal of protecting the public. In a world of ever-diminishing budgets, CAMTC is positioned to assist cities in meeting “their duty to maintain the highest standards of conduct in massage establishments by vetting and disciplining certificate holders” (California Business and Professions Code Section 4600.5[a]). CAMTC helps cities meet this duty by providing no-cost training and up-to-date information about applicants and certificate holders and working cooperatively with local personnel to obtain evidence needed for CAMTC to deny applicants and discipline certificate holders who violate the Massage Therapy Act. CAMTC is a private nonprofit corporation that certifies massage professionals who meet the Massage Therapy Act requirements. CAMTC is authorized to take action for both conduct-based violations and criminal convictions. CAMTC’s authority is broad and far reaching, but without the cooperation of local agencies it doesn’t have the evidence needed to take action. Cities play a key role in this process.

Taking Disciplinary Action CAMTC may immediately suspend a certificate if it has evidence of an act punishable as a sexually related crime or a related felony. It may also revoke a certificate if it has evidence of unprofessional conduct or other violations of the Massage Therapy Act. Unprofessional

conduct generally includes, but is not limited to: • Sexually suggestive advertising; • Sexual activity on the premises of a massage establishment; • Sexual activity while providing a massage for compensation at any location; • Massage of the genitals or anal region; and • Massage of the female breast without the written consent of the client and referral from a licensed California health care provider. CAMTC may also take action if it has evidence that a city has taken disciplinary action, such as issuing an administrative citation or revoking a business license.

Cities’ Role in Providing Evidence While CAMTC has the authority to take action based on a wide variety of violations, it relies on local personnel to provide evidence that these violations occurred. Cities have proof that an administrative citation was issued, that a business license was revoked, or that unprofessional statements were made to an undercover officer during a massage. It is only through the cooperation of local law enforcement personnel (who provide declarations signed under penalty of perjury), or cities (which provide certified copies of administrative citations and business license revocations), that CAMTC has the evidence needed to fully vet applicants and discipline certificate holders.

CAMTC also provides cities with upto-date information about the status of certificate holders both by sending emails every time a certificate holder is suspended, revoked or disciplined and by providing access to CAMTC’s secure site.

No-Cost Training Available Cities have seen the value of CAMTC’s no-cost training. “The training allows officers to support legitimate massage business in our communities, while also helping them to recognize and address businesses that operate outside the law,” says Lieutenant Russ Norris of the Concord Police Department. “CAMTC’s no-cost training has been invaluable in developing an effective tool to combat illicit activity occurring under the guise of providing massage therapy,” says Shana Faber, assistant city attorney of Vacaville and CAMTC board member. “Through partnering with CAMTC, we have been successful in curtailing unscrupulous and illegal businesses that seek to prey on our community.” To date, CAMTC has provided no-cost training to 278 separate agencies and over 700 individuals. By working together we can accomplish our common goals to rid cities of illicit massage establishments, stop the hijacking of an ancient therapeutic profession and support legitimate massage businesses. Contact Beverly May, CAMTC director of governmental affairs, at bmay@camtc.org for more information or if you are interested in CAMTC’s no-cost training. ■

Ahmos Netanel is chief executive officer of the California Massage Therapy Council and can be reached at anetanel@camtc.org.

League of California Cities

www.cacities.org

Measuring Progress on Massage Therapy Oversight, Collaboration and Governance by Chris McKenzie The state Legislature embarked on a new private-public partnership in 2008 when it established the California Massage Therapy Council (CAMTC) to credential massage professionals and provide oversight of massage therapy schools. Although the Legislature delegated this important function to CAMTC, a private nonprofit corporation, it retained oversight and imposed a number of statutory requirements. CAMTC is currently undergoing its second legislative “sunset review” to determine its effectiveness. This article shares timely

information on CAMTC’s progress over the past year based on its report to the Legislature, feedback from board members and city officials, and the League’s own investigations. It also outlines some future joint ventures of CAMTC and the League to better serve the cities of California. The enactment in 2014 of AB 1147 (Chapter 406, Statutes of 2014): • Returned important land-use powers over massage establishments to cities and counties;

• Revised the rules under which CAMTC issues and revokes massage therapy certificates and oversees massage therapy schools; and • Restructured the CAMTC Board of Directors. The League subsequently appointed League Past President and retired City Manager Ron Bates to the new 13-member board of directors, and he was elected vice chair at its first meeting in September 2015. continued

Chris McKenzie is executive director of the League and can be reached at cmckenzie@cacities.org.

www.westerncity.com

Western City, June 2016

Measuring Progress on Massage Therapy Oversight, Collaboration and Governance, continued

Indicators of Progress CAMTC’s sunset report to the Legislature demonstrates it has done an efficient job of issuing and revoking massage therapy certificates when compared to its benchmark professional licensing agencies in the California Department of Consumer Affairs, which CAMTC readily acknowledges must comply with the California Administrative Procedures Act. CAMTC also reported significant progress in its oversight of massage therapy schools around the state over the past year. The sunset report also focuses on CAMTC’s growing outreach efforts to local agencies as reported by the CAMTC chief executive officer in the accompanying article (see “Collaboration With CAMTC Results in Safer Communities,” page 16). Such efforts are beginning to pay important dividends, as evidenced by a March 2016 survey conducted by the League and the California police chiefs of city officials’ interactions with CAMTC in 2015. (To see the full survey report, read the online version of this article at www.westerncity.com.)

Key Survey Findings Overall the 160 respondents gave CAMTC quite favorable marks. City officials from 60 (38 percent) of the responding cities reported having had direct interactions with CAMTC in 2015. They reported contacting CAMTC to: • Request assistance in updating their municipal massage therapy ordinances; • Learn how to work with CAMTC to combat prostitution; • Report unprofessional conduct by CAMTC massage therapy certificate holders; • File a complaint about a massage therapist; and • Seek immediate suspension of a CAMTC certificate holder.

League of California Cities

CAMTC reported significant progress in its oversight of massage therapy schools statewide over the past year.

Over three-fourths (76 percent) of the 60 respondents who reported contact with CAMTC indicated they received a timely and professional response. Seventy-eight percent of those who contacted CAMTC rated the overall experience as excellent (29 percent) or good (49 percent). The other 22 percent of respondents offered suggestions for how CAMTC could improve its interactions with city officials, including providing more information, acting more promptly on local requests, placing a higher priority on identifying prostitution and human trafficking and notifying the city of the status of action on its complaints.

Next Steps for CAMTC and the League Both the survey responses summarized here and CAMTC’s report to the Legislature reveal that the nonprofit agency has clearly made important operational progress since its inception. This includes significant outreach to police departments with offers of training and assistance with local ordinances. Many city officials still need information about how CAMTC can partner with cities to complement the efforts of cities to regulate massage businesses. Cities also would benefit from information about new, more cost-effective ways to regulate local massage establishments with “revocable registration” requirements instead of traditional nuisance abatement enforcement approaches. CAMTC also deserves recognition for taking positive steps to upgrade its administrative operations and governance procedures to make them more transparent and accountable. Some

priorities that deserve attention in the future include: Joint Training and Information. The League and CAMTC have agreed to work together to develop workshops, webinars and other training opportunities for city officials to better equip them to partner with CAMTC and protect their cities. The League has also invited CAMTC to help develop articles and other published materials that can be shared with cities. Continuing Administrative and Governance Reforms. The CAMTC board and staff have made good progress on improving certain internal administrative and board governance policies and practices to increase accountability and transparency. The League pledges to continue supporting these reforms and believes they will serve to enhance CAMTC’s effectiveness and reputation among city leaders. For example, the League urges that attention be given to improving public access and engagement at board meetings. Board Loyalty Resolution. The League has asked the CAMTC board to review and possibly rescind the resolution it adopted in 2014 concerning board members expressing views in conflict with the majority of the board. Although no member of the CAMTC board has ever been removed for expressing dissenting views, it may be time to revisit this policy, however, because AB 1147 changed the number and background requirements of board members. The League looks forward to working with CAMTC on these issues. ■

www.cacities.org

Carlsbad Focuses on Economic Opportunities in High-Tech Sectors, continued from page 15

Tips for Engaging Your City’s Business Community Look back and far ahead. Although the private sector operates on quarterly schedules, local governments benefit from long-range planning and annual evaluation of their strategic plans. Since incorporating in 1952, the City of Carlsbad has worked steadily to diversify its local economy from a sole focus on tourism. Look back to your regional characteristics since incorporation, and consider what has been constant and what needs to be developed to support key industries like life sciences and attract emerging industries such as robotics, action sports and other jobs of the future. Set measurable goals. Setting concrete goals within a 20-year vision framework can be difficult, but clear milestones are essential. The Carlsbad biotech incubator took years to plan, prepare for and launch. At each step, the city identified goals and milestones that would extend far beyond the initial public-private partnership agreement and opening event into annual measurements of a target number of new startups that would be created and eventual measurement of growth in the life sciences sector. Don’t speak “city.” Municipal jargon is foreign to the private sector, especially millennial entrepreneurs. For a local government employee, “TOD” means transit-oriented development, but in the private sector it can mean time of day or time of delivery, referring to operations. Using acronyms can quickly lead to confusion. Make a concerted effort to drop city jargon and learn the terminology, technologies and communication platforms that drive emerging trends and industries. Brand to the audience. One of the most rewarding responses to the Carlsbad, Life in Action® brand occurred when a new Carlsbad tech entrepreneur recognized the logo and asked what kind of company it was. He was surprised to learn what he thought was a new startup brand was actually the city’s economic development program. By creating fresh, modern branding for economic development efforts, your city can more effectively engage business leaders whose initial response to seeing the city logo might be hesitation based on perceived red tape and delays.

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The city helps talented scientists test theories and potentially life-saving therapies in a dedicated venue, which in turn fosters the creation of new companies and new jobs.

with the institute offering nine certificate programs that train students in skills needed in several growing industries in north San Diego County, such as hightech manufacturing, maritime technology and biotech manufacturing. “We went out and talked with our local businesses, and they told us they needed greater access to a trained workforce that meets their company and customer needs,” says Carlsbad Mayor Matt Hall. “This partnership is a great example of how a city can be creative and act as a facilitator in the community to address shared needs.” By the end of 2015 the institute issued approximately 400 certificates to newly trained workers in growing fields. The city contributed to this program by leasing a building on Las Palmas Drive to MiraCosta for six years, which helps the college, job seekers and local businesses with their talent needs.

At Make, employees enjoy amenities that include a fitness center with yoga studio and spa, café, outdoor showers and surfboard racks, outdoor amphitheater, horseshoe pit, electric vehicle charging stations and a shuttle that takes workers to Carlsbad’s nearby commuter rail station or the McClellan-Palomar Airport. This range of economic development efforts has helped Carlsbad achieve an unemployment rate of 3.4 percent and a median income of $87,416. “It’s all about having an ongoing dialogue with local business owners and city leadership willing to try new approaches,” says Assistant City Manager Kathy Dodson, who developed the city’s talent attraction program. “Our city council has been very open to deviating from the typical economic development strategies, and that innovation is paying off.” ■

Strategies Help Attract and Retain Businesses The city’s dedication to higher education and enabling assets and facilities has made it much easier to attract and retain hightech firms. In 2015 a major digital camera manufacturer moved over 100 employees into a renovated office campus called “Make,” just 400 feet from Carlsbad State Beach.

The Carlsbad biotech business incubator provides affordable space for fledgling startups.

Western City, June 2016

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.

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FROM MAINTENANCE WORKER TO CITY MANAGER

City Manager The City of Palm Desert is a thriving, yearround community located in the center of the Coachella Valley with the natural beauty, cultural and recreational amenities of a resort destination. The City Manager functions as the Chief Executive Officer for the City Organization. In addition, he/ she should be entrepreneurial with a strong customer service orientation and commitment to providing a high level of service and best practices to the community. Requires a Bachelor’s degree and 5 years of experience as a Manager or Chief Administrative Officer, deputy or assistant Manager/CAO. Prior experience as a City Manager in a comparable, diverse, fullservice city is highly desirable. This position offers a highly competitive salary with an excellent executive benefit package, including CalPERS retirement. Candidates are encouraged to apply by June 30, 2016. Electronic submittals are strongly preferred. Email compelling cover letter, comprehensive resume, and salary history to apply@ralphandersen.com. Confidential inquires to Dave Morgan at 916-630-4900.

We Fill All Positions in Municipal Government!

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

www.bobmurrayassoc.com

Watch for these Upcoming Opportunities: • City of Fremont, CA – City Engineer • City of Los Altos, CA – City Manager • City of Moreno Valley, CA – City Attorney • Fontana Unified School District, CA – Police Lieutenant • Santa Barbara County Association of Governments – Executive Director • Santa Clara Valley Water District – Assistant Officer - Government Relations • Santa Clara Valley Water District – Deputy Operating Officer - Watersheds Operations & Maintenance • Santa Clara Valley Water District – Deputy Operating Officer - Watersheds Stewardship & Planning

For more information and filing deadlines, please contact: Bob Murray and Associates, 1544 Eureka Road, Suite 280, Roseville, CA 95661 Phone: (916) 784-9080, Fax: (916) 784-1985, E-mail: apply@bobmurrayassoc.com

Ralph Andersen & Associates

League of California Cities

www.cacities.org

Director of Economic and Property Development

DIRECTOR OF FINANCE

City of Long Beach, CA

he City of Long Beach is one of the country’s largest urban coastal communities and the seventh largest city in California. Home to a diverse population of 462,257, Long Beach is a full-service municipality with its own commercial airport, convention and entertainment center, and one of the busiest seaports in the world. The city’s population is as diverse as its job base, commercial, residential and recreational offerings. Located in Los Angeles County, the city spans 50-square miles and attracts 6.5 million visitors per year. Long Beach is seeking an innovative and forward thinking development professional to serve as its next Economic and Property Development Director. The ideal candidate will possess land use expertise and offer a track record of accomplishments that demonstrate the ability to enhance the economic vitality of a city, county or specific region. Outstanding interpersonal and relationship building skills will be expected. At least five years of relevant experience and Bachelor’s degree are required. Salary will be DOQE up to the low $200,000s. An attractive executive benefits package is also included. A detailed recruitment brochure and closing date information available at www.tbcrecruiting.com.

Teri Black • 424.296.3111 Julie Yuan-Miu • 925.820.8436

City Manager, City of Imperial, CA The City of Imperial (approximate population 17,446) is seeking an effective leader and visionary manager for their new City Manager. The ideal candidate will be a self-confident and mature individual who is able to engender the trust and respect of the Council. Candidates with excellent interpersonal skills are sought to work collaboratively with City department heads, all City staff, and community members. The selected individual will emphasize accountability at all levels within the organization. The ideal candidate will value the City’s strong sense of identity, pride, tradition, and environmental awareness. Candidates should possess a broad range of municipal experience. Candidates who have experience as a City Manager, Assistant City manager, or equivalent position are highly desired. A Bachelor’s degree in Public Administration, Business Administration, or a related field is required. A Master’s degree in one of these fields is preferred. The salary for the City Manager is dependent upon qualifications. The City also offers an attractive benefits package. Apply online at www.bobmurrayassoc.com. Contact Gary Phillips at (916) 784-9080. Closing date June 17, 2016. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Photo/art credits

Page 12: MTR/Shutterstock.com

Cover: MTR/Shutterstock.com

Page 13 & 14: Photos, courtesy of the City of Carlsbad; graphic, emEF/Shutterstock.com

Page 3: Hikers, Jacob Lund/Shutterstock.com; sign, FeyginFoto/Shutterstock.com Page 5: top, Sue Leonard Photography/Shutterstock. com; bottom, PhotoSerg/Shutterstock.com

Pages 16–18: Texture, RoyStudio.eu/Shutterstock.com Page 16: Andrey_Popov/Shutterstock.com Page 17: Wavebreakmedia/Shutterstock.com

Page 6: Pio3/Shutterstock.com

Page 19: Courtesy of the City of Carlsbad

Page 8: Courtesy of the City of Fresno and the Institute for Local Government

Pages 22–23: Aleksandar Mijatovic/Shutterstock.com

Page 9: Montri Nipitvittaya/Shutterstock.com

Page 30: Posteriori/Shutterstock.com

Page 11: NiceMonkey/Shutterstock.com

Page 33: Jude Hudson, Hudson + Associates

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Pages 24–25: zhangyang13576997233/Shutterstock.com

The City of

MORRO BAY, CA Invites Finance Professionals to Consider An Outstanding Professional Growth and Quality of Life Opportunity Morro Bay, one of seven friendly cities in San Luis Obispo County, on the amazing Central Coast of California is a fantastic place to live and work: miles of uncrowded beaches for running and walking, gorgeous hills for biking and hiking, watersports of all kinds from surfing to paddle boarding to kayaking to sailing and fishing. Fresh local fish and produce year-round, excellent arts and entertainment centered around Cal Poly and SLO, great community college, and no traffic. Our new Finance Director will be part accountant, part CFO and part expert communicator, equally comfortable tracking weekly budget performance, crafting expert alternatives and analysis for major financial decisions, and communicating in a manner easily understandable to the layman. While California municipal finance experience is certainly a plus, the City Manager is far more interested in intellect, precision, communication, and dedication to excellence. Finance professionals seeking professional growth are encouraged to apply. Salary range: $115,000 - $140,000 DOQ. Please see candidate brochure: http://morrobayca.gov/ documentcenter/View/9507 Filing Deadline: June 17, 2016

Western City, June 2016

Maximizing Revenue From City Property With Municipal Leases, continued from page 10

Municipal Lease Term Limitations. The term of the lease might need to be limited to 55 years; however, if the lease is to be collateral for a construction loan to the tenant, the tenant will often prefer a longer term to facilitate such financing. The provisions in Government Code Section 37380 permitting 99-year leases are sometimes difficult to achieve, although there are certain ways to comply with them, including characterizing a periodic adjustment of rent to fair market rent (which is consistent with ground leasing

practice) as a city “review” under the statute of specified lease terms. Memorandum of Lease. A memorandum of lease must be recorded under applicable law. The tenant must record such a memorandum in any event if the tenant plans to use the lease as collateral for a loan (for example, to finance construction), because the lender’s title insurer will require it as a condition of issuing title insurance to the lender for its leasehold deed of trust.

Taxes: Possessory Interest Taxes and Documentary Transfer Taxes. Although a city is exempt from property taxes, the lease will give rise to possessory interest tax, which is a property tax on the tenant’s leasehold that is billed directly to the tenant. (Note that if a landlord is not tax exempt, a lease would most likely require the tenant to pay the property taxes on the land that are payable by the landlord.) It should be expressly stated in the lease itself that possessory interest taxes apply so that the city does not become liable for such taxes under the possessory interest tax laws.

La Habra Heights | City Manager The City of La Habra Heights is a unique rural community located approximately 25 miles east of Los Angeles on the border of Orange and Los Angeles counties. The City has a total area of 6.2 square miles and a population of about 5,325. This position requires City Manager, Assistant City Manager or other executive-level government experience. This is a confidential process. The recruitment is open until filled. Email resume and cover letter to HumanResources@Lhhcity.org. For complete recruitment information, visit Lhhcity.org. Address questions, nominations, and confidential inquiries to Shauna Clark at (562) 694-6302 or ShaunaC@Lhhcity.org.

Public Works Director/City Engineer City of Brawley, California DESCRIPTION: The City of Brawley (pop. 25,000) is located in southeastern California. The City seeks an energetic professional to lead 40 full time staff. Areas of oversight: 15 MGD water treatment plant, 5.9 MGD wastewater plant, streets & utilities, fleet maintenance, animal control, engineering, storm water, pretreatment operations, airport facilities, contracted solid waste & street sweeping services. SALARY & BENEFITS: DOQ – Contract position Classic CalPERS member: 2% at 55; new CalPERS member: 2% at 62. Medical, dental & vision benefits.

League of California Cities

MINIMUM QUALIFICATIONS: Bachelor’s Degree in civil engineering from accredited college or university; CA registered Civil Engineer; min 10 years of combined training & experience in progressively responsible civil engineering work; strong communication skills; commitment to principles of public service. HIGHLY DESIRABLE QUALIFICATIONS: CA registered PLS; well versed in regulatory relationships; supervisory experience, interfacing with collective bargaining units; awareness of technical & financial resources provided by regional, state and federal entities. DEADLINE: June 30, 2016 Visit www.brawley-ca.gov to access Employment Application. Please include cover letter, salary requirements and relevant certifications.

This

For

If the term of the lease is 35 years or more (including extension option periods), documentary transfer taxes will be payable. While the issue of which party pays it is negotiable, such taxes are typically payable by the transferor/landlord (the city). If the term is less than 35 years, then that should be stated on the face of the recorded memorandum of lease as an applicable documentary transfer tax exemption. Prevailing Wages. Rent that is less than fair market rent can be considered payment of public funds and could trigger

prevailing wages for any construction contemplated by the lease due to California Labor Code Section 1720(b)(3), which provides that transfer of an asset (leasehold estate) for less than fair market value constitutes a payment of public funds. A city can be liable for prevailing wages not paid unless the lease contains a covenant that the tenant will pay prevailing wages for construction (and comply with the relevant prevailing wage statutes). While it can be difficult to determine fair market rent, especially when percentage rent is

included, any express public benefits, such as free civic messaging rights on a sign or public parking, can sometimes be quantified and should be viewed as part of the consideration for the leasehold interest, to decrease the risk that the rent can be characterized as below market. Outdoor Advertising Laws and City Sign Ordinances (Sign Sites). With very limited exceptions for certain areas/ cities, advertising displays are prohibited adjacent to a landscaped freeway or scenic continued

HUMAN RESOURCES MANAGER

Baldwin Park, CA

Annual Salary: $112,541 or DOQ, Plus the City offers a competitive benefits package

Baldwin Park, the hub of the San Gabriel Valley, is located 20 miles east of Los Angeles and is seven square miles. The City is seeking a dedicated professional to plan, manage and direct the programs of the Human Resources Department. Candidate will possess at least five years of progressively responsible personnel and risk management experience, including three years of supervisory experience; Bachelor’s degree in business/public administration; Master’s degree is preferred. For detailed brochure and application requirements, visit www.baldwinpark.com Filing deadline: July 14, 2016. WESTERN CITY MAGAZINE (JUNE 2016 ISSUE) – 4.75” x 3.5”

Space

lease

City Manager, City of Los Altos, CA The City of Los Altos (population 29,000), characterized by tree-lined streets and a small village atmosphere, is an upscale community served by a vibrant business district and several small retail areas. The City is now seeking a City Manager. The Council is seeking an experienced administrator, effective leader, and proven manager. The new City Manager will take an active interest in the Los Altos community and will understand and maintain the core identity of this small, fiscally-conservative City. A strong candidate will have prior experience as a City Manager for a city of similar size and complexity to Los Altos or as an Assistant City Manager or Assistant County Manager for a larger city or county. Candidates must possess any combination of education, experience, and training which demonstrates the knowledge, skills, and ability to perform the duties of this position. The typical candidate will have graduated from a four-year college or university with major course work in public or business administration or a closely related field, and fifteen years of broad and extensive administrative or management experience; a Master’s degree is desirable. The salary for the City Manager is competitive and dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Gary Phillips at (916) 784-9080 should you have any questions. Closing date July 8, 2016. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Western City, June 2016

Maximizing Revenue From City Property With Municipal Leases, continued

Successful completion of a municipal lease requires addressing various legal issues.

highway or byway. If the sign is within 660 feet of or visible from an interstate highway or primary highway, not only will a Caltrans permit be required, but the sign must also comply with other applicable parameters of the Outdoor Advertising Act and related regulations, a full description of which is outside the scope of this article.

Additionally, a city might have its own ordinances regulating signs. If the ordinances specify that they apply to the city or the city has taken some other action to elect that its ordinances apply to it, then the city should of course comply with those ordinances.

Assistant Community Development Director – Business & Economic Development City of Burbank, CA

estled between the Hollywood Hills and the Verdugo Mountains in the heart of Los Angeles County, the City of Burbank is known as the “Media Capital of the World” as its strong entertainment base includes some of the biggest names in the business. Characterized by a strong sense of community that serves as home to 105,000 residents, its downtown attracts more than 10 million visitors a year. Access to transportation options, such as Metrolink and Amtrak along with the Burbank Bob Hope Airport, are all located within the City. The ideal candidate will be a visionary and contemporary economic development professional with superior management and mentoring abilities. Exceptional communications, interpersonal and relationship building skills are critical to the success of this individual. Five years of progressively responsible experience, with at least four years of service in a supervisory capacity, and a Bachelor’s degree in a relevant discipline are required. Salary range is currently under review. Salary is supplemented by an attractive benefits package. Visit www.tbcrecruiting.com for detailed up-to-date information. Teri Black • 424.296.3111 Bradley Wardle • 650.450.3299

H Executive Director of Community Development H

City of Santa Ana, California Salary: $122,580 - $173,124 annually Plus comprehensive executive benefit package Santa Ana, in Orange County, is the eleventh largest city in California with a population of 325,000. The city is 10 miles inland from the Pacific Ocean, 33 miles southeast of Los Angeles and 90 miles north of San Diego. The Executive Director will lead the Community Development Agency in initiatives related to new business opportunities, new venues for visual and performing arts, renovation of commercial and industrial areas, affordable housing programs, and management of a full-service job search/training center. Challenges include implementing the City’s 5-year Strategic Plan and assisting the Planning & Building Agency in developing a comprehensive update of the City’s General Plan. The ideal candidate has impressive experience working with city staff, elected officials and community stakeholders under the City Manager’s guidance. Requires five years of responsible management-level experience involving the administration and management of a comprehensive community development program; B.A. (Master’s preferred) in public or business administration or related field. Please submit required application by June 18, 2016 5:30 p.m. through City website at: www.santa-ana.org. Contact Ellen Smiley esmiley@santa-ana.org. EOE/ADA

League of California Cities

Surplus Land Statutes. Under the surplus land statutes, a city disposing of surplus property must first offer it to other local public entities. However, a long-term lease or ground lease is not a permanent disposition, and the property arguably should not be deemed surplus to the extent it is being used for public purposes, such as economic development or civic message or public parking purposes. California Environmental Quality Act (CEQA) Compliance. The approval of a lease by a city is a “project” and requires compliance with CEQA. In addition, considering that a city is typically the local entitlement permit-issuing authority,

Leasing municipal property for billboard space can generate long-term revenue to support essential community services.

a city should comply with CEQA for any improvements contemplated by the lease before approving the lease itself so that a CEQA claim cannot be based on the city committing to a project (by virtue of signing the lease) before completing the CEQA process for the contemplated improvements. Disclosure of Material Facts. Execution of a lease is a conveyance of an interest in real property (a leasehold interest); consequently, as a matter of California real estate disclosure law, the city as landlord is required to disclose to a prospective tenant all material facts known to the city about the leased premises. Ideally, each document or fact disclosed (such as hazardous materials reports, geotechnical/ soil reports and known locations of utilities not revealed by recorded documents) should be listed in a cover letter to the tenant, and the city should keep a copy of the disclosure letter in its files.

Conclusion While a municipal lease transaction should be evaluated for various legal issues, the business terms can be structured to provide extra income and perhaps even some income flexibility for a municipal landlord. Unlike other ground leases, which usually encumber a considerable amount of

property for an extended period of time, a billboard lease encumbers a limited amount of city land and may be structured to include percentage rent or fixed rent prepayments at the city’s option. ■

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

E S

Water System Manager/Assistant City Engineer City of Fullerton, California $111,799 to $135,892* Annually Plus Benefits (Effective July 2, 2016, 1.5% increase to $115,178–$139,999) *Plus eligibility for Deputy Director assignment pay equal to 10% of base pay Under general direction of the Public Works Director, the Water System Manager/ Assistant City Engineer is responsible for the management of the Water Engineering and Construction Divisions, including water system planning, quality control, rate setting and engineering and for the safe, efficient and cost-effective administration of a variety of related functions. Qualification Guidelines: A BS in civil engineering or a closely related field as well as recent, progressively responsible general engineering experience to include some water engineering experience or knowledge, and supervisory experience. Registration as a professional civil engineer with authorization to practice in California is required. Although possession of water system certification is desirable, all interested candidates are encouraged to apply. Application materials can be found on the City of Fullerton Human Resources page at www.CityofFullerton.com. Applications will be accepted until a sufficient number of qualified packets have been received. EOE

Police Chief, City of Salinas, CA The City of Salinas, population 161,042, is located fifteen miles inland from Monterey Bay, 325 miles north of Los Angeles and 106 miles south of San Francisco. The City of Salinas is seeking a Police Chief who will be a strong and committed leader, and will earn the respect from his/ her staff. The ideal candidate will be fair, ethical, and one who embraces diversity. The selected candidate will be a leader for cultural awareness for all staff, and a team player within the organization. The incoming Chief should be creative, innovative, open to technology and be collaborative with outside agencies. An individual who is visible, approachable, and who can represent the Department in a positive way will excel in this position. The ideal candidate will possess outstanding managerial skills and abilities including problem solving and decision making capabilities. Candidates should have experience with organizations that have a strong team orientation, open communication, and an employee participation environment. The new Chief will inspire the Department to work together to create a more efficient working environment. Ideally, the selected candidate will provide clear direction, establish measurable goals, and hold staff accountable for achieving results. Candidates who can demonstrate a proven track record dealing with ethnically diverse cultures, experience in community policing, and experience in community based programs which deal with drug and gang issues are essential for this position. The salary range for the Police Chief is $161,676 - $196,524 (currently under review). The City also offers an attractive benefits package. To apply for this opportunity, please visit our website at www.bobmurrayassoc.com and you will be prompted to apply online. If you have any questions, please contact Mr. Regan Williams at (916) 784-9080. A detailed brochure will be available. Closing date TBD.

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

Western City, June 2016

Gigabit Networks: Tomorrow’s Infrastructure, continued from page 11

Whether provided by a private company, a cooperative or a municipal utility, the electrical and phone systems were attached to poles and later placed underground in cities’ rights of way. Ensuring that

citizens have electricity, communications and water has long been among the essential responsibilities of local government. Although large telecommunications and cable companies are often seen as the

Open in June . . .

Director of Economic Development City of Long Beach

Chief Executive Officer Beach Cities Health District Redondo Beach

Building Official

City of Manhattan Beach

County Librarian Director of Human Resources Contra Costa County

Fire Chief

Provo City, UT Teri Black • 424.296.3111 Julie Yuan-Miu • 925.820.8436 Bradley Wardle • 650.450.3299

League of California Cities

primary providers of communications in the United States, cities have ultimate stewardship over access to these rights of way. Sometimes, gigabit networks have emerged as a means to strengthen and enhance an electrical “smart grid.” In Chattanooga, Tenn., the Electric Power Board utility decided to invest in fiber to promote remote monitoring and meter-reading. Only later did it arrive at the notion of becoming a Gigabit City. Mayor Andy Berke has made the city’s universal gigabit network its signature economic development tool. In other places, a civic need came first. Aurora, the second largest city in Illinois, received a $13 million grant under the Federal Highway Administration’s Congestion Mitigation and Air Quality Improvement Program. This transportation grant provided funds to build a city-owned fiber-optic network along major roads. The city later spun off the traffic-monitoring assets into OnLight Aurora, a public-private entity, and it has extended network connectivity to businesses. In California, the City of Santa Cruz has been frustrated by the large number of individuals commuting over the mountain passage separating the beachside city from Silicon Valley — and gigabit connectivity. The city wanted to attract and retain businesses and workers whose digital needs were not being met locally. A study commissioned by the Central Coast Broadband Consortium in late 2014 found considerable fiber assets within Santa Cruz. That lent momentum to a public-private proposal to build a fiber network that would provide gigabit service to every home. Throughout this partnership, the City of Santa Cruz will own the network and a private company will operate it.

Fiber at the Root, New Applications at the Edge Undergirding each of these gigabit networks is fiber-optic technology. There are many ways to transmit data, including older technologies like copper

www.cacities.org

wires and coaxial cable systems. Wireless towers also play a role in ensuring mobile communications and reaching remote populations. But fiber is widely regarded as the necessary backbone for meeting the communications needs of residents, businesses and city and public facilities. Fiber also provides core connectivity to wireless towers, ensuring an efficient mix of wired and wireless transmissions. The speed at which fiber enables communication may not be as important as the services now available to users. In the case of consumers, it is much more than the multiple streams of high-definition television, high-definition voice and currently available online services. Google Fiber has taken a lead role in popularizing the benefits of ultra-high bandwidth through its “Think Big With a Gig” experiment. It is currently building or operating networks in 11 metropolitan regions nationwide and considering 11 more. One example of what can be accomplished comes from Provo, Utah. “It used to take me days to download a genome from the lab, before I could even start to analyze it,” said Reid Robison, chief executive officer of Tute Genomics, in a blog post on Medium. “But now, I can download a whole human genome in less than half an hour. That is a huge difference when someone’s health is on the line.” Our country has only begun to scratch the surface of new applications that will leverage cities’ new networks. One ambitious national nonprofit known as US Ignite has set a goal of stimulating the deployment of hundreds of next-generation applications with transformative public benefits. These include real-time emergency response systems and air pollution monitoring. US Ignite is particularly keen on applications that advance education and the workforce, energy, health care, public safety, transportation and advanced manufacturing. And they need more than just gigabit networks: US Ignite promotes continued on page 30

www.westerncity.com

Gigabit networks are the essential infrastructure for tomorrow’s cities. J

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CITY MANAGER With a surging economy, a revitalized downtown anchored by a new arena, and a growing reputation around the country as a city on the move, the City of Sacramento offers an exciting opportunity for a strong, visionary, principled leader to guide it into a bold new era of growth and vitality. The Sacramento City Council is seeking an experienced municipal leader to oversee this significant organization (2015-2016 total budget of $951.6 million) including to manage, guide, and promote a diverse work force for both gender and ethnic diversity (4,300 FTE positions). This national search effort will focus on candidates with a dynamic and transformational leadership style, intent on promoting best practices in local government with an understanding of the need for transparent leadership. Requires a Bachelor’s and ten years of progressively responsible management experience including four years at the executive level. The compensation for this position is open and highly competitive. An excellent benefit package is offered including CalPERS Retirement. Candidates should email a compelling cover letter, resume, and current salary to apply@ralphandersen.com. Closing date: June 30, 2016 with selection in September. Confidential inquiries welcomed to Heather Renschler at (916) 630-4900. Detailed brochure available at www.ralphandersen.com.

Ralph Andersen & Associates

Director of Health and Environmental Control City of Vernon, California

MONTHLY SALARY: $14,297.00–$17,378.00/Excellent Benefits.

The City of Vernon is one of four cities in California to have their own Health Department. Vernon was founded in 1905 as the first exclusively industrial city in Southwestern U.S., measuring 5.2 square miles, located just southeast of downtown Los Angeles. The Health Department serves around 1,800 businesses that employ approximately 50,000 people and is a vital economic engine in the region, supporting Fortune 500 companies managing food/agriculture, apparel, steel, plastics, logistics, and home furnishings. Through the City’s implementation of more than 150 reforms, Vernon has firmly established itself as a model city for good governance. The City is seeking a Director of Health and Environmental Control that is committed to good governance practices. Candidates must possess a Bachelor’s Degree in Public or Environmental Health or related field with five years of experience at upper management level. License/Certification Requirements: California State Department of Health Certificate of registration as an Environmental Health Specialist. Interested candidates may apply online at www.cityofvernon.org. Please contact Lisette Grizzelle (323) 583-8811 ext. 166 with questions. Deadline- July 17, 2016

Western City, June 2016

PeckhamMcKenney &

Presents Outstanding Career Opportunities

County Probation Officer

Contra Costa County, CA

Contra Costa County is one of the nine counties in the San Francisco-Oakland Bay Area and includes varied urban, suburban, industrial, agricultural and port areas and contains 19 incorporated cities. The Probation Department is committed to the support of public safety by providing evidence-based prevention, investigation and supervision services, while at the same time providing a safe environment for staff and those placed in their custodial care. The Department has 351 full time employees and an operating budget of $74 million. The ideal candidate will be a strong, visionary leader with solid management, organizational, and financial skills as well as excellent communication abilities allowing for the strengthening of the department internally and enhancing agency relationships externally. Bachelor’s degree and five years of experience as a supervisor or administrator in either a probation department or other criminal justice agency, two years of which were as a Probation Manager or higher level position with responsibility for the administration of an adult division, juvenile division, or primary juvenile detention or commitment facility required. Master’s degree and California experience desired. Salary range is from $144,218 to $193,265, negotiable within step range DOQE with excellent benefits. Filing deadline is June 20, 2016.

Community Development Resource Agency Director

Placer County, CA

This is an outstanding career opportunity to lead the Placer County Community Development Resource Agency (CDRA) and play a key role in the County’s future. Consistently ranked first for its quality of life and in the top healthiest counties in California, Placer County is currently experiencing unprecedented development activity in all areas of the County. Reporting to the County Executive Officer, this position oversees a dynamic organization (105 FTEs and FY 2015-16 budget of $22.3M) comprised of six operating divisions including Building Services, Code Enforcement, Engineering and Surveying, Environmental Coordination, Geographic Information Systems (GIS) and Planning Services, with offices in Auburn and Tahoe City. At least seven years of increasingly responsible experience in planning, community development or related field, including three years of executive level responsibility is required. A Bachelor’s degree with major coursework in planning, urban design, public administration or a related field is required; Master’s degree is preferred. Annual salary range is $160,742.40 - $195,332.80 DOQE. Filing deadline is June 30, 2016.

Parks, Trails & Recreation Director

City of Lafayette, CA

With a population of just over 25,000, Lafayette is known for its high quality of life, top-rated schools, low crime rate, small town downtown, clean air, mild climate, and oak tree-studded hills. Limited services, a staff of 39, a volunteer system of commissions and committees, and a conservative fiscal policy have been Lafayette’s practice since incorporation in 1968. The Parks, Trails & Recreation Director oversees a staff of 8 and FY 2015/16 budget of approximately $1.8M. The Department has six parks, seven neighborhood trails, a community center and adjacent multi-sport rink, and a variety of top-notch self-sustaining recreation programs. At least five years’ experience in the management of parks and recreation facilities/programs/activities and Bachelor’s degree in recreation management, public/business administration, or related field is required; Master’s desirable. Salary range: $109,524 - $144,072 DOQE. Lafayette is a non-PERS agency. Filing deadline is July 5, 2016.

Upcoming Opportunities

Public Agency Risk Sharing Authority — General Manager City of South Lake Tahoe, CA — Human Resources Manager

“All about fit”

Human Resources Director

City of Oceanside, CA

Centrally located in the heart of the beautiful Southern California coastline, Oceanside (pop. 172,800) offers a unique combination of affordable housing, excellent schools, and multiple resources. This full-service agency provides a vast array of services through 935 FTEs and overall budget of $379M. The Director will oversee a staff of 13 and will be a hands-on manager who actively leads negotiations for 6 bargaining units, employment investigations, and handles personnel matters. Strong background in both employee and labor relations, contract negotiation, workers’ compensation, and risk management is highly desirable. At least 5 years’ increasingly responsible experience in municipal personnel management (at least 3 years in a supervisory position) and Bachelor’s degree in related field required; Master’s highly desirable. Salary range: $126,648 to $168,840 DOQ; attractive benefit package includes auto allowance and 9/80 schedule. Filing deadline is June 27, 2016.

City Attorney

City of Redwood City, CA

This is an opportunity you won’t want to miss. Named among the Top 100 Places to Live, Redwood City has long been known for its diverse and active citizenry, strong neighborhoods and community associations, social involvement and civic pride. Located in the heart of Silicon Valley, Redwood City is the third largest city in San Mateo County with 82,881 residents, and it serves as the County Seat. Redwood City is recognized regionally as well managed and innovative, strategically driven, and financially stable. Appointed by a professional seven-member City Council, the City Attorney will oversee a total staff of 6 and $1.6M budget. This position requires at least seven years’ experience practicing law with two years in a lead or supervisory capacity within a City Attorney or County Counsel office in California as well as a JD from an ABA accredited law school. Salary DOQE. Filing deadline is July 8, 2016.

Assistant City Manager

City of South Lake Tahoe, CA

The City of South Lake Tahoe, population 21,500, lies within the Tahoe Basin approximately 160 miles northeast of San Francisco, 90 miles northeast of Sacramento, and 30 miles southwest of Reno. Lake Tahoe is a unique and beautiful national treasure which offers a plethora of year round activities offering residents the opportunity to live, explore and experience on a daily basis what brings over a million visitors a year to the Lake Tahoe region. The Assistant City Manager, a working manager, takes direction from and works closely with the City Manager and is responsible for the activities and functions of the following: Human Resources/Risk Management, Finance, Airport Operations, Information Technology, Labor relations and negotiations, Enterprise Funds, and Special Tasks as assigned by the City Manager. The ideal candidate will forge a strong partnership with the City Manager and will serve on the Senior Management team providing advice and counsel regarding strategic policy and problem solving for the organization. Superior leadership, collaboration, and team building skills are necessary as well as the desire to become the “go to person” for conducting the City’s day-to-day operations. Bachelor’s degree required, Master’s degree desired. Salary range from $129,324 to $157,212 DOQE with competitive benefits. Resume filing deadline is June 27, 2016.

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Resumes acknowledged within two business days. Detailed brochures are available at

www.peckhamandmckenney.com (866) 912-1919

Gigabit Networks: Tomorrow’s Infrastructure, continued from page 27

ultra-low latency networks, which permit holographic-like experiences, such as remote surgery or symphony musicians playing simultaneously in multiple cities. This will be increasingly important as multiple secure applications make use of the same fiber bandwidth.

New Financial Models for Deployment City officials already recognize that they will need advanced networks within the next decade. They may not know there are new options for bringing these networks to their cities.

Fiber-optic technology is the backbone of gigabit networks.

franchise or the municipal models, cities can now turn to a range of public-private partnerships for gigabit networks. This should be no surprise, given the default role that public-private partnerships have played in the construction of highways, ports and airports. But new interest,

Traditionally, cities that wanted better broadband had two choices: Beg a private telecommunications company to offer services or enter the market themselves. No longer are cities limited to these choices. In addition to the corporate

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energy and financial opportunities are available within the broadband space. Cities from California to Maine are striking deals that enable open access gigabit networks to build next-generation capacity for the future. ■

T O

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916.630.4900

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

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Western City, June 2016

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What’s the most helpful aspect of League membership? Read more “On the Record” at www.westerncity.com.

Acquanetta Warren Mayor Fontana

Karina Cervantez Alejo Mayor Pro Tempore Watsonville

Paula Devine Council Member Glendale

www.westerncity.com

The continual sharing of ideas with other cities — and the legislative advocacy.

When hundreds of bills are in motion at the Legislature, the League keeps us up to date and makes it easy to be involved.

Learning how other cities are addressing some of the same challenges that we face.

Walter Allen III Council Member Covina

Diane Martinez Council Member Paramount

Kathy Chao Rothberg Council Member San Pablo

The training is exceptional, especially for newly elected officials.

Coming together to brainstorm on issues of common concern and finding solutions.

Helping us coordinate with other cities, communicate to state government and solve problems together.

Western City, June 2016

BRIGHT LIGHTS, SMART CITIES. Wanting to save money and reduce the carbon footprint of their public facilities, the cities of Newman, Patterson and Riverbank tasked Churchwell White with evaluating their options. Churchwell White used its broad experience to negotiate agreements with prominent energy services companies, which financed and implemented solar energy generation and state-of-the-art efficiency measures such as LED streetlight retrofits. Results wildly exceeded expectations. Today, these cities are spending far less on electricity, complying with greeenhouse gas reduction mandates and creating a more sustainable future for their residents.

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