Western City June 2017 by Western City Magazine

JUN E 2017 |

The Monthly Magazine of the League of California CitiesÂŽ

ÂŽ

Data Loss Prevention & Cybersecurity: A Practical Guide p.11 The Paperless Office: Improving Service and Morale p.16 Manhattan Beach Teens Help Seniors With Tech Issues p.18

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CONTENTS Calendar of League Events 2 3 President’s Message

14 Legal Notes

California’s Design Immunity Defense: Why Your City Wants It and How to Get It

Making Cities Smarter

By JoAnne Mounce

A few key principles apply to any smart city efforts, regardless of size or scope.

7 City Forum

10 Changes Shaping Local Government Communications

By Megan MacPherson

ocial media and other tools S are impacting city strategies.

By Joan S. Smyth

he defense can shield public T agencies from liability.

By John Montenero

utomating office workflows A frees additional staff time for more strategic services.

By Melissa Kuehne

I ncreasing the Effectiveness of Public Engagement Efforts

Manhattan Beach

nline tools can bring more O diverse voices to the local decision-making process.

and Cybersecurity: A Practical Guide

By George Khalil

dapting and responding to cyber A threats and protecting critical infrastructure are essential for cities.

COMMUNITIES DEVELOPMENT AUTHORITY

Improving Service and Morale

18 California Cities Helen Putnam

Data Loss Prevention 11

STATEWIDE

The Paperless Office: 16

9 News From the Institute for Local Government

CALIFORNIA

Award for Excellence

Teens Help Seniors With Tech Issues

connected community is a A stronger community.

Job Opportunities 19 Professional Services 27 Directory Cover image: Blackboard/Shutterstock.com

Has technology made your work easier or more difficult? Read elected officials’ answers in “On the Record” at www.westerncity.com.

Providing California’s local governments with an effective tool for the timely financing of community-based public benefit projects. Since 1988, more than 500 cities, counties and special districts use CSCDA as their conduit issuer and PACE funding provider.

Sponsored by:

(800) 531-7476 www.cscda.org

President JoAnne Mounce Council Member Lodi

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

Second Vice President Mark Kersey Council Member San Diego

Immediate Past President L. Dennis Michael Mayor Rancho Cucamonga

Executive Director Carolyn Coleman

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

Magazine Staff Editor in Chief Jude Hudson, Hudson + Associates (916) 658-8234; email: editor@westerncity.com Managing Editor Norman Coppinger (916) 658-8277; email: ncoppinger@cacities.org Contributing Editor Eva Spiegel (916) 658-8228; email: espiegel@cacities.org Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256; email: maxwellp@cacities.org Administrative Assistant Kimberly Brady (916) 658-8223; email: kbrady@cacities.org Contributors Melissa Kuehne Corrie Manning John McElligott Eva Spiegel Patrick Whitnell

leaguevents JUNE 8–9

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.

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

28–29

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

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.

Design Taber Creative Group Advertising Design ImagePoint Design For photo credits, see page 20.

30–July 1

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

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Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2017 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume XCIII, No. 6.

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First Vice President Rich Garbarino Council Member South San Francisco

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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.

SEPTEMBER 13–15

League of California Cities 2017 Annual Conference & Expo, Sacramento 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. For the latest information on League conferences and events, follow us on Twitter @CaCitiesLearn. For legislative and policy updates and more, follow @CaCities. Follow Western City @WesternCityMag. Join us on Facebook. www.facebook.com/westerncity www.facebook.com/LeagueofCaCities

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President’s Message by JoAnne Mounce

Making Cities Smarter Western City looks at technology this month with articles that examine data loss prevention and cybersecurity, one city’s transition to a paperless office in its procurement division, how teens are helping seniors use computers and mobile devices — and more. When my statewide colleagues and I discuss technology, the topic of smart cities often arises. Many of the state’s larger cities have launched smart city projects in recent years, and other cities are following suit. These efforts span a wide spectrum.

Defining the Term What is a smart city? Although the definition is somewhat flexible, typically a smart city uses fiber optic and/or wireless networks to connect various components of infrastructure and share information that is used to: • Deliver public services more effectively and efficiently; • Save money for taxpayers; and • Improve the quality of life.

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Taking Incremental Steps Many cities have converted traditional traffic signals and streetlights to lightemitting diode (LED) lights over the past several years to save energy and money. The next step toward becoming a smarter city involves the use of sensors in conjunction with LED streetlights. Incorporating sensors provides the ability to monitor lights by tracking energy usage and generating alerts when a malfunction occurs, which sends repair crews the needed information about the fixture before they leave to make the repair. Another useful function of LED streetlights with sensors is the ability to adjust the amount of light output based on

pedestrian and vehicular traffic at any given time. The use of sensors also relates to public safety. Imagine a city street late at night with very little traffic, where the lights are functioning at a lower intensity due to the reduced demand. A neighbor calls the police to report suspicious activity; the police respond by remotely turning the streetlights up to full intensity to deter the activity while a squad car is on the way. In my city, Lodi (pop. 63,219), most of our streetlights are now LEDs. And like many cities, we have converted to an automated system of meter reading for our electric and water utility infrastructure. All residential meters in the city generate a signal that sends usage data to a network. Cities are also using sensors to monitor water infrastructure for leaks, which reduces repair costs and conserves water. Some police departments use video sensors to spot crimes and manage crowds. A relatively new technological tool enables police to identify and locate gunfire. continued

Western City, June 2017

Making Cities Smarter, continued

Other applications involving sensors may be used in parking lots to notify drivers when the lot is full, sending a message directing them to an alternative lot — or to an available electric vehicle (EV) charging station if the driver is seeking one. Many California cities, including Lodi, provide free EV charging stations.

proposals from firms that could design and implement a comprehensive package of utility savings measures and infrastructure upgrades. To make the project feasible, the infrastructure improvements needed to pay for themselves over time without the need for any upfront capital expenditures from the city’s General Fund.

From Small to Large

In early 2016, the San Leandro City Council selected a vendor to install energyand water-saving equipment at numerous public facilities. The vendor guaranteed savings that will cover 100 percent of the costs of the improvements and related debt service. The city expects to save $8 million over 15 years through strategic reductions in energy and water usage, while realizing more than $1.5 million in positive cash flow. In addition to the financial benefits, San Leandro’s investments in clean infrastructure will reduce the city’s greenhouse gas emissions by 1,390 metric tons annually — the equivalent of 3.3 million miles driven in a year. The project is expected

Efforts to become a smart city are underway in cities of all sizes and range from modest to ambitious.

San Leandro Focuses on Energy and Water Conservation For example, the City of San Leandro (pop. 87,700) is currently working on a $5.2 million citywide project that includes deploying a network to support smart LED lights, smart irrigation and other infrastructure improvements. The project began in 2014, with a request for

City officials will need to consider ethical issues related to transparency and privacy.

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to break ground in mid-November 2017 and be completed in approximately nine months.

Carlsbad Targets Traffic and Transportation The City of Carlsbad (pop. 112,930) has smart projects underway to address multimodal transportation systems and use creative approaches to moving people and goods through and within the city. City council members told Craig Williams, a senior engineer who oversees the city’s traffic and mobility programs, that traffic is one of residents’ biggest concerns. Carlsbad is using a multi-pronged approach that combines short-term practical solutions with innovative long-term initiatives that take advantage of emerging technologies. Some of the efforts include: • Reducing red light wait times. The city installed a fiber optic network conduit and fiber optic cable between its traffic management center and signals along El Camino Real. This high-speed connection improves traffic signal system management and coordination, thus minimizing wait times at red lights. • “Talking” traffic signals. The city completed a pilot test in 2016 of its adaptive traffic signal technology that allows traffic signals to “talk” to each other, making them more responsive to real-time conditions. The city is incrementally rolling out the adaptive signal technology. • Providing a real-time traffic map. Carlsbad has installed traffic measurement and monitoring equipment using Bluetooth technology at 16 intersections, enabling staff to automatically monitor traffic speeds and congestion and to generate origin-destination analyses along 20 defined corridors. This system increases responsiveness to traffic signal system problems, and this technology has enabled Carlsbad to create a real-time traffic map on its website.

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As part of the traffic signal system enhancements program, city staff are working with a private-sector partner to provide better real-time information to area travelers. Carlsbad is also working with neighboring cities and Caltrans to coordinate efforts.

Public Safety and Civic Engagement in San José The City of San José (pop. 1,042,094) is implementing several smart city initiatives that address a variety of city priorities including public safety, inclusivity and civic engagement. Among its public safety efforts, some of the most noteworthy involve broadening the use of data analytics to improve safety, including better targeting for code enforcement, identifying homes with the highest fire risk for preventive measures such as smoke alarm checks, and using geo-tagged data on graffiti complaints and truancy rates to inform “hot spot” crime prediction and prevention. In addition, the city is working to reduce traffic accidents and fatalities by using connected infrastructure, data analytics and tools that can optimize traffic systems and identify intersections with high accident rates and risk. San José is also building a digital “neighborhood dashboard” that allows residents to seamlessly access information, file reports and collectively solve issues in their own neighborhoods. This platform will enable residents to easily: • Access information about nearby development projects; • Report broken streetlights and potholes;

Cybersecurity and data loss prevention should be an integral part of any plan involving technology — well in advance of implementation. applications and electronic payment for city fees. San José also aims to empower city workers to streamline inspections and other municipal processes through the increasing use of tablets and mobile devices.

San Diego Uses Solar Energy to Power Electric Vehicles The City of San Diego (pop. 1,391,676) is participating in a multi-year collaboration combining its resources with those of San Diego Gas & Electric, General Electric, Cleantech San Diego and the University of California, San Diego. Titled Smart Cities San Diego, the collaboration’s goals are to improve the region’s energy independence, empower consumers to use electric vehicles, reduce greenhouse gas emissions and encourage economic growth. Among its many projects, perhaps the most intriguing are the Solar-to-EV charging stations.

Nearly 10,000 San Diego residents drive plug-in EVs. The Solar-to-EV charging stations at the San Diego Zoo incorporate 10 solar canopies producing 90 kilowatts (kW) of electricity, as well as five EV charging stations. Using new battery technology, the solar canopies charge a 100-kW/100-kWh energy storage system used to provide power on overcast days. The storage system also offsets power demands on the grid, especially during peak hours. When the battery is full, the excess solar energy generated goes to the electric grid to improve reliability and benefit the surrounding community. The solar canopies also provide shade to approximately 50 cars in the zoo’s southeast parking area. At peak production, the Solar-to-EV project produces enough energy to power 59 homes. The clean energy produced is equivalent to removing 189,216 pounds of carbon dioxide continued

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Western City, June 2017

Making Cities Smarter, continued

from the atmosphere each year or planting 2,788 trees annually. For additional comparison, the greenhouse gas emissions savings from the electricity produced is equivalent to removing 21 cars from the road each year. Furthermore, EVs produce zero tailpipe emissions and generate no net emissions when the electricity comes directly from solar power.

Tips for Going Forward California’s cities vary significantly in size and the amount of resources they can devote to becoming smarter cities. However, a few key principles apply to any smart city efforts, regardless of the size or scope. A strong IT infrastructure backbone is essential. Not every city has fiber optic cable in place, but many cities are focusing on ways to build a fiber optic network. One city official suggests that any time the city must open a street, it’s

worth considering how to include installing some fiber optic conduit or cable with the work to be done. The next generation of 5G wireless networks will also provide opportunities for cities looking to enhance connectivity. Public-private partnerships can leverage city resources. Many cities with smart city initiatives are partnering with technology companies, nonprofit tech organizations, colleges and universities to provide the knowledge, experience, skills and insight necessary to get the biggest bang for the city’s buck. Security must be a top priority as cities implement smart systems and gather large amounts of data. Cybersecurity and data loss prevention should be an integral part of any plan involving technology and must be incorporated into the project design well in advance of implementation (see “Data Loss Prevention

and Cybersecurity: A Practical Guide” on page 11). City officials will need to consider ethical issues related to transparency and privacy and create strong policies to protect their constituents. When a city collects and stores data — some of which may be sensitive — its handling raises questions for policy-makers that require thoughtful consideration and public input.

Find More Information and Resources The League and the Institute for Local Government offer numerous resources to help city officials and staff as they navigate these challenges. For links to these resources and related information, read the online version of this article at www.westerncity.com. ■

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Changes Shaping Local Government Communications

by Megan MacPherson Ten years ago, electronic communication began edging out print. Reaching people who did not have internet access or email was a gap cities had to bridge, though they knew it would eventually close. And social media wasn’t even in the mix: Twitter debuted at South by Southwest that year, and Facebook had 20 million users compared to its 1.9 billion today. Today’s communications landscape is unrecognizable in comparison. Opportunities for communicators, along with new challenges, abound. I’ve observed 10 significant shifts in the way local government interacts with the media and constituents.

We are our own news channels — and everyone else is, too. Unfiltered, direct access to our audiences has rendered the press release a less critically important tool. We no longer rely solely on the media to interpret and distribute our organization’s news and perspectives. Along with that change comes higher expectations for transparency, immediacy and credibility in our social media channels, e-newsletters and websites. In addition, we must be prepared to respond when a video post about a controversial local event or a city official’s actions goes viral and attracts widespread attention or criticism.

Yet news media remain crucial partners. Providing context, demanding accountability and raising awareness are the media’s roles in ensuring a healthy, functioning democracy. Consequently, the pressure to produce content can’t come at the expense of accuracy as newsroom staffing levels shrink and experience levels diminish when senior reporters retire. Now more than ever, with their credibility and body of work accessible online indefinitely, reporters prioritize solid understanding and a willingness to correct misperceptions.

Accuracy is always more important than immediacy, but responding promptly is key. In a crisis, getting accurate information out quickly is critically important, if only to say that we’re gathering information and will follow up with the press and the public as soon as we have the facts. Beyond that, little leeway is given to governments and corporations that publish inaccurate information in haste, indulge in speculation or try to deflect or inexplicably delay the release of relevant information. Organizational credibility is easy to damage and extremely hard to repair.

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Authenticity matters. Whether the audience likes the message or not, it must be delivered in a straightforward, succinct way — without hyperbole, fluff or jargon. Today’s skeptical audiences have short attention spans and don’t tolerate messages they perceive as inauthentic.

People believe their friends. Personal interactions have unprecedented influence on perception. While this presents challenges, it also means that we should encourage others to share our organization’s content in their own social media channels. We must welcome the opportunities to clarify and answer questions that they present to us in return.

Thick skin is your best protection. Anyone can be an influencer in the world of social media. Distinguishing influencers who matter from anonymous commenters who are internet trolls allows for the best use of our energy and attention. Helping executives and colleagues make this distinction calms their anxiety in stressful situations. It also bolsters their resolve to focus on progress and accept constructive input rather than be distracted by detractors. Furthermore, democracy relies on freedom of speech. While we may not always like what’s being said, the right to free speech is a key principle of democracy.

The quality of dialogue demonstrates character. To get a sense of an organization’s character, watch how it interacts online. Is the organization willing to listen, respectful in tone, attentive in its response time and relevant in its replies? If so, people will be more likely to bring problems to the organization’s attention and believe their issues will be addressed. These qualities build trust. continued

Megan MacPherson is director of public affairs and communications for the City of Roseville and can be reached at MMacPherson@ roseville.ca.us.

Western City, June 2017

10 Changes Shaping Local Government Communications, continued

Desire for real-time interaction “in real life” remains high. Walls have come down between organizations and those they serve. Partly due to the familiarity and frequency of online communication, people expect their local government in particular to be available to them in person, in real time and in places they frequent. Special one-topic workshops held at inconvenient times have given way to coffee shop forums, popup outreach at community events and interactive community problem-solving exercises.

Government activities have moved from afterthought to center stage. Well before the divisive 2016 General Election, the evolution of communication created a level of awareness that hadn’t existed before. Whether it’s because people have a stronger understanding of what’s at stake or they find it easier to vent online, they’re more engaged — but not necessarily with correct information. Navigating public opinions and assumptions, often in the absence of context or facts, requires communicators to deploy a new level of diplomacy in their interactions and have credible, verifiable information at their fingertips.

Responsibility for helping people understand rests with all involved. We’re witnessing a wave of political activism among people who have never been politically active before. While some aren’t interested in the regulations, restrictions and policies that drive the local government actions they want to weigh in on, others will seek to understand. Spending the time to enhance understanding pays dividends. Different perspectives, insightful dialogue and new solutions emerge when there’s a shared commitment to understanding each other.

Some Things Remain Constant So much has changed, yet this remains the same: In 1789, Thomas Jefferson wrote, “Wherever the people are wellinformed, they can be trusted with their own government.” This principle drives the work of communicators at all levels of government, but especially in local government. We remain passionate about helping our communities engage in making informed, balanced decisions that improve the cities where we live, work and play. ■

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Increasing the Effectiveness of Public Engagement Efforts by Melissa Kuehne Technology offers cities a variety of ways to educate and engage local residents. Cities are experimenting with various online tools to enhance their public engagement efforts. Whether the goal is to broaden participation, accelerate progress on decision-making or create a safe space for feedback on a contentious local issue, online tools can help your city achieve those goals. Such tools also provide an opportunity to expand the number and diversity of voices providing input to the local decision-making process. According to the Pew Research Center, approximately 70 percent of American adults use at least one social media platform to connect with each other,

Opportunities to Learn More Online Advocacy: How Social Media Influences Public Policy. At the June 2017 Mayors and Council Members’ Executive Forum, ILG will moderate a session on current trends in using social media for public policy development. Panelists will present best practices for using social media to support or oppose policy, build online and offline coalitions and motivate people to take action. The panel will also discuss legal constraints that local elected officials must consider when using social media.

share information and read news. Nearly 40 percent of adults get their news from online platforms. With these numbers trending upward over the last decade, online engagement and communication is more important than ever to cities throughout California.

• More sustained engagement. Cities can create a transparent repository of all public input for future access and use and develop an audience of informed and interested residents. Such repositories can span a wide range of issues and departments.

Benefits of Online Engagement

The Institute for Local Government (ILG) offers tools, tips and resources on many public engagement topics and challenges. For links to these resources, read the online version of this article at www. westerncity.com.

Cities are seeing many benefits of online engagement, including: • The ability to reach diverse audiences. Online options allow residents to provide input at their convenience; • Better informed participants. Cities can provide essential background information with varying levels of detail for different issues and audiences, keep information up to date and respond to questions as they arise; • A broader range of perspectives. Online tools present opportunities to include broader and more diverse perspectives than public meetings, which are often attended primarily by passionate advocates or a small group of “regulars” whose positions may not reflect those of the larger community; and

ILG Offers Free Technology to Enhance Public Meetings

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. For more information, contact Hanna Stelmakhovych, public engagement program assistant, at hstelmakhovych@ca-ilg.org. ■

Melissa Kuehne is communications and development manager for the Institute for Local Government and can be reached at mkuehne@ca-ilg.org.

Engaging Audiences Through Surveys and Polls. Have you ever conducted a survey that failed to provide the information you sought? The wording of questions significantly affects the usefulness and quality of survey results. ILG is hosting a webinar on June 7, 2017, to help cities learn about various survey technologies and best practices for question design. Register at www.ca-ilg.org/ webinar/engaging-audiences-throughsurveys-and-polls.

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Data Loss and Cyber A Practical Guide by George Khalil

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Prevention Security: Cybercrime has become a focal point of national security and a frequent topic in discussions of risk management. News about major corporate and government breaches affirms that no organization or public agency is immune to a persistent, skilled attacker. Critical infrastructure is also increasingly becoming an attractive target for criminals due to its growing reliance on technology.

Cyber criminals leverage technology vulnerabilities and trickery to exploit the human-technology gap — by targeting sensitive passwords, data and applications regularly used by staff. Data theft is the goal of most recent breaches. Cyber criminals typically break into vulnerable systems and pivot between systems using stolen credentials or posing as a third-party contractor to gain access to valuable data.

Why Are Criminals Targeting Sensitive Data?

Targeted confidential data comprises personnel records, public billing information, credit card numbers, financial or health records and more. The theft of your city’s legally protected data can result in significant regulatory fines, loss of public trust and damage to the city’s reputation.

Adapting and responding to evolving cyber threats and protecting critical infrastructure and proprietary business assets are essential for both government agencies and businesses. “Post-mortem” analyses of breaches offer a treasure trove of lessons learned and reveal attack tactics, techniques and procedures.

Fortune.com estimates that in 2016, the cost of data breaches averaged $4 million dollars or $158 per record. Medical history, credit card data and Social Security

numbers have the highest cost per stolen record at $355.

Sensitive Data Risk Management Data is the new currency. Traditional currency and property risk-management techniques also apply to protecting against cybercrime. Regulated or sensitive data has monetary value and makes an attractive target for cybercriminals. Reducing the amount of regulated data stored on hand is equivalent to cash management practices, such as moving excess cash from registers to a hardened safe or transporting it to a bank’s vault. Unrestricted and unmonitored employee access to a large amount of cash is typically prohibited; however, public agencies often fail to apply the same level of scrutiny for employee access to regulated or sensitive data. continued

George Khalil is information security officer for the City of Riverside and can be reached at GKhalil@riversideca.gov.

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Western City, June 2017

Data Loss Prevention and Cybersecurity: A Practical Guide, continued

Eliminate Unnecessary Sensitive Data Removing and reducing the amount of unnecessary sensitive data offer the best protection against data loss. An attacker cannot compromise records that simply don’t exist. Retaining and storing sensitive data increase the agency’s liability in the event of a breach. Unfortunately, many organizations have stale worksheets and other files containing sensitive or regulated data that may have been overlooked or forgotten. Such files may contain sensitive information such as Social Security numbers, birthdates and other personally identifiable information (PII). “Unnecessary duplicate copies of records and those kept past the time specified by agency retention policies — with or without sensitive information — are avoidable

pitfalls,” says Colleen Nicol, city clerk for the City of Riverside. “Although it’s not glamorous work and admittedly time-consuming, designating sufficient resources and giving high priority to cleanup and ongoing file maintenance greatly reduces risk for the agency.” Having employees manually review large numbers of files for potential PII is daunting and labor intensive. Data classification and loss prevention products help facilitate automated discovery, classification and remediation of sensitive and regulated data. Such automated discovery tools may run overnight or for a period of a few months, depending on how much data your agency retains. The initial discovery process often highlights aged and unmaintained data as well as extensive duplication of data. For example, employees typically

save multiple versions of reports, sensitive documents and billing information on their local systems and in email or shared network drives. Automated data loss prevention tools also reveal risky business processes. Cities can take this opportunity to: • Involve employees and ask them to review the reasons for storing such data; • Help employees better understand records retention policies; and • Make the appropriate business process changes to store data in a secured system of record such as a financial system, rather than in offshoot spreadsheets and reports. This will help ensure better data cleanup and elimination of duplicate data. Secure applications can be designated as authorized containers for regulated data to address encryption, authentication and auditing requirements.

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After data cleanup and hygiene techniques are in place, there are several ways to better secure remaining sensitive data. Such data should be encrypted and only designated individuals allowed to access it. This role-based access should be supplemented with audit logs, similar to the restrictive nature of modern-day electronic safes and bank vaults with auditing capabilities.

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For More Information Read the online version of this article at www.westerncity.com for links to related resources, including: • What City Officials Need to Know About Cybersecurity; and • Electronic Transparency and Open Data: A Movement Worth Joining.

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Encrypting sensitive data when it’s being transmitted or in transit is another important way to protect it. This is the equivalent of an armored transport vehicle that protects valuables traveling between safe locations. Much like fire, earthquake, auto or professional liability insurance, cyber liability insurance provides protection against the remaining risk that cannot be addressed through other risk mitigation techniques. Cities should also monitor sensitive data throughout its lifecycle within the organization. Technology solutions can enforce encryption or prevent the data from leaving the agency. Encryption technology protects the data if a device is stolen, effectively reducing the value of the loss to the cost of the stolen hardware.

Prevent the Release of Sensitive Data To detect and prevent the release of sensitive data, implement business process oversight protocols and automated tools. Sensitive data stored outside the designated systems can be compromised due to employee oversight, missed or inadvertently omitted as a part of a larger dataset — or stolen. The sheer volume of data in the average public agency environment — combined with the lack of visibility and classification of regulated data — is bound to result in a breach. Numerous examples illustrate this. For example, in response to a public records request, Poway Unified School District in 2016 released to one parent the records of 36,000 students, including district-based test scores, some of which are protected information under the Family Educational Rights and Privacy Act. The University of California, Santa Cruz, suffered a breach in 2017 when thieves stole two laptop computers with unencrypted, regulated data. And in

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Retaining and storing sensitive data increase the agency’s liability in the event of a breach.

another instance, in 2017, a Boeing employee asked his spouse to help him with a spreadsheet formatting issue. The employee sent the spreadsheet file from work to his spouse and did not realize that the document contained hidden columns with over 35,000 employee records, including Social Security numbers and dates of birth. Although this event did not happen in a public agency setting, it nevertheless underscores the ease with which such lapses can occur. Technology solution products can intercept such data before it is accidentally emailed to someone outside the organization.

Classify, Discover, Monitor and Protect Sensitive Data Most data breaches involve exposure of sensitive data outside designated secure zones or authorized systems. It’s not unusual for public agencies to find unencrypted sensitive data on employees’ laptop and desktop computers, shared network drives and removable media, such as thumb drives.

Cities should treat data in the same manner as cash. Regulated data should be identified, classified, appropriately marked and encrypted on all systems throughout the agency. The movement of regulated data must be monitored and prevented from leaving designated systems to prevent accidental release or theft. Data loss prevention scans should be performed on all records before release to identify any regulated data that should have been redacted within a larger data set request. Encrypting stored data within protected systems and on users’ computers and removable media protects agencies against equipment theft.

Conclusion No amount of funding or technology tools can prevent all data breaches. However, cities can significantly reduce the risk of data breaches by raising employee awareness through cybersecurity awareness and data hygiene training, creating strong policies around PII data, scanning and removing outdated and duplicate data and implementing protocols to prevent data from leaving the agency. ■

Western City, June 2017

California’s Design Why Your City Wants It and by Joan S. Smyth California’s design immunity defense can shield public agencies from liability for injuries caused by public construction projects. Public entities in California can be held liable for injuries caused by dangerous conditions of public property if the plaintiff can prove that: 1. The property was in a dangerous condition at the time of the injury; 2. The injury was caused by the dangerous condition; 3. The dangerous condition created a reasonably foreseeable risk of the kind of injury that occurred; and

4. The public entity had notice of the dangerous condition a sufficient time prior to the injury to have taken steps to protect against the dangerous condition. However, even if the injured plaintiff can prove all of these factors, the public agency can still escape liability by asserting the design immunity set forth in California Government Code Section 830.6 as an affirmative defense.

Why Your City Wants It Government Code Section 830.6 provides, “Neither a public entity nor a public employee is liable … for an injury caused by the plan or design of

a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body … or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously approved … .” In other words, a city that pleads and proves that Government Code Section 830.6 applies is immune from liability even if a judge or jury could find the plan or design of the injury-causing condition was dangerous. The intent of Section 830.6 is to prevent a judge or jury from second-guessing

Joan S. Smyth is senior counsel for the law firm of Kane, Ballmer & Berkman and can be reached at jsmyth@kbblaw.com.

League of California Cities

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Immunity Defense: How to Get It discretionary approvals made by the public agency and its employees regarding a particular plan or design for a construction project, often years after the approval was granted.

How to Get It To establish the design immunity defense to shield the public agency from liability, the public agency must show: 1. A causal relationship between the plan or design and the accident; 2. Discretionary approval of the plan or design before the construction or improvement; and 3. Substantial evidence supporting the reasonableness of the plan or design.

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Should the public entity fail to prove any of these three elements, the design immunity defense could be rejected and the public agency will be subject to liability. Establishing the first element of the defense — a causal relationship between the design and the accident — is relatively easy and is usually done by the plaintiff alleging in his complaint that the design caused the accident. Counsel for the public agency will usually agree to the causal relationship element for the purposes of the design immunity defense. The second element of the defense — discretionary approval of the plan or design before the construction or improvement — can be more problematic, as the

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.

discretionary approvals are often made years before the accident in question. Courts have denied design immunity for public agencies that have failed to introduce sufficient evidence of a plan or design approved in advance by an employee vested with discretionary approval authority. For example, in Martinez v. County of Ventura, the plaintiff suffered significant injuries when the motorcycle he was riding struck an asphalt berm (top-hat drain system) abutting a raised continued on page 21

Western City, June 2017

The Paperless Office: Improving Service and Morale by John Montenero Public agencies nationwide struggle to do more with fewer staff resources. The City of Palo Alto’s Purchasing and Contract Administration division grappled with that challenge for years. Vendors and the division’s city department “customers” had grown increasingly frustrated by the inefficiencies of public purchasing. The purchasing office took weeks and sometimes months to deliver basic procurement services. The division lacked strategic procurement practices to help boost savings, accountability and efficiency.

A New Approach to a Perennial Challenge Historically, the division responded to deficient output by committing more staffing resources. But adding staff was no longer feasible due to increasing budgetary constraints and the lingering impact of an economic recession. Outsourcing and contracting for services present risks

that are inherently difficult to sustain and manage. Technology that kept the purchasing office heavily dependent on paper further complicated its fiscal challenges. Palo Alto had adopted a “cloud-first digital city” approach in its smart city framework. This presented an ideal opportunity to embrace technology-based innovation as a way of improving the Purchasing and Contract Administration division’s operational effectiveness. Multiple circumstances appeared ripe for technological change. Numerous rows and corralled areas of filing cabinets and office equipment crowded the division’s office space. The time spent processing requests in a paper-based system had a domino effect throughout the organization. Whenever more time was required to track down paper file records or replace or recreate missing documents, it delayed the purchasing group’s deliverables to

city departments. The daunting process of retrieving paper records diminished staff morale. The move to transition from paper to electronic processes is never easy, particularly when government systems have accumulated mountains of paper records. Digitizing the way public agencies serve their communities requires employees to rethink current processes. Over the past decade, many public agencies have shifted incrementally to cloudbased systems. Such transitions typically augment existing paper-based office operations rather than fully replacing them, principally because a paperless initiative may at first appear overwhelming and trigger concerns about data integrity, data security and recovery, the userfriendliness of systems, learning curves and the challenges commonly associated with change.

John Montenero is chief procurement officer for the City of Palo Alto and can be reached at John.Montenero@CityofPaloAlto.org.

League of California Cities

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Staff spent 30 percent of the work day managing paper before transitioning to paperless operations.

Before Implementing Change Incrementally To effect a successful transition, the division needed to achieve team buy-in, formulate a strategy, gain executive support and identify momentum-building quick wins. The division launched a series of strategy sessions to support the team’s innovative thinking and goals, which included consistently delivering quality service and fostering a culture of constant improvement. With assistance from the city’s Information Technology Department, the division conducted a cloud-readiness analysis to gather facts and identify potential efficiencies to be gained by adopting appropriate technology. A time-and-motion study revealed that document management tasks supporting paper-based office operations consumed an astonishing 30 percent of the team’s work day. Recovering much of that time would offer an invaluable asset to staff already stressed by doing more with less. The team concluded that going paperless with their operations was the best and most logical choice. Next, the team engaged in a remapping effort, creating flow charts of the division’s business processes, and implemented changes incrementally to move operations toward a printless and eventually paperless office environment.

Automating Workflow and Clerical Tasks

After • A cloud-based electronic document management system (EDMS) platform with optical character recognition and document workflow capabilities, which was integrated with the MPS platform; and • A document imaging program to scan and archive existing paper records into the EDMS. The team developed an automated filing system within the EDMS where staff could drag and drop electronic records into a desktop drop box for the EDMS to accept and file according to the conventions and rules staff had devised. The optical character recognition capability facilitates fast retrieval of records, and the EDMS workflow capability enables the automation of group collaboration and approval routing. This first phase of change management provided the foundation for exploring additional technologies that supported the paperless office. The second phase added other relevant SaaS platforms, such as e-procurement, e-analytics, e-compliance management and e-signature, that further transitioned office processes from paper to electronic workflows. The team integrated as many of the SaaS platforms as possible by utilizing application program interfaces. This helped facilitate automation of clerical and administrative tasks.

The first phase involved procuring Software as a Service (SaaS) platforms to establish the infrastructure for going paperless. After these were in place, the division adopted:

Automating office workflows made it possible to allocate additional staff time to performing more strategic services and consulting with city department customers on improvements in areas like vendor performance, risk mitigation, regulatory compliance and enhanced savings strategies.

• A managed print services (MPS) platform designed as a cost-per-copy business model that encouraged printless practices;

With momentum building, the team introduced the city’s Civic e-Shopping Mall, which is a directory-driven portal to cooperative agency purchasing. The

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procurement division also developed and instituted an intranet-based, self-paced learning center with how-to references and courses where city department customers can quickly access information and training. These tools also help city departments keep better pace with project timelines.

Paperless Operations Create Numerous Benefits Making the move to becoming an entirely paperless office operating in the cloud proved invaluable. Its immediate benefits include: • Redirecting reclaimed time toward achieving the division’s strategic goals; • Improving the office environment and employee morale by reclaiming office space and eliminating clutter; • Increasing collaboration with “openspace huddles” that promote problemsolving and sharing ideas; • Significantly reducing office supply costs, thus increasing budget efficiencies; • Improving response time to customer requests; and • Reducing error rates and improving control points. The purchasing office operates more effectively with remote access to the cloud. Now staff can access records and systems when meeting with city department customers and address business concerns in real time. Technology and innovation offer enormous potential for improving the ease and effectiveness of governance. Government agencies at all levels can use technology to simplify interactions with residents and businesses and improve the delivery of essential community services. The City of Palo Alto’s experience provides an example of how a cloud-first digital city approach can boost efficiency, savings, control, compliance and morale. For tips when considering a similar effort, read the online version of this article at www.westerncity.com. ■ Western City, June 2017

Teens provide handson help in casual drop-in sessions.

Manhattan Beach

Teens Help Seniors With Tech Issues

ost grandparents today know that if they have a technologyrelated question, a teenager can usually help. In the City of Manhattan Beach (pop. 35,297), surveys of older adults show that most of them, even those over 80, have a computer, tablet and/or smartphone (typically a gift from family) — but that doesn’t mean they know how to use them. Like other cities, Manhattan Beach is moving to an all-digital communication system. As the amount of online information grows, older adults may miss out on the benefits of using technology.

Identifying Intergenerational Opportunities Manhattan Beach residents are well educated: 73 percent have college degrees, 31 percent have advanced degrees and they value their highly regarded school district. The local population is also aging. The median age is 42, and nearly 25 percent of the residents are age 65 or older. Like many cities, Manhattan Beach schools and the city historically tended to operate on parallel tracks, without much collaboration. Beginning in 2011, the city and school district made a collective effort to bring together the community’s oldest and youngest members. An intergenerational seminar held in 2012 prioritized

topics of interest, and technology topped the list.

Launching a New Collaborative Program

Mira Costa High School students perform hours of community service as part of their graduation requirements. The community service program aims to engage students in their community and instill a lifelong appreciation of the importance of being productive citizens who contribute to the quality of life. The high school staff works to identify and develop programs that serve an educational purpose and benefit both the students and the community.

After these sessions produced a positive response, the Senior Advisory Committee collaborated with students at Mira Costa High School to create a program to address seniors’ tech-related needs. The program, titled Connected!, is designed to help older adults understand, navigate and effectively use a variety of technology devices, including smartphones, tablets and laptop computers.

To bring these groups together, Mira Costa High School’s Math Department chairperson and the city’s Senior Advisory Committee, a group of volunteers affiliated with the city’s Older Adult Program, began offering informal Saturday morning technology sessions called Coffee, Tech and Me. The teacher, who has experience working with older adults, trained the students prior to launching the sessions. At Coffee, Tech and Me, students were assigned to tables with topics that matched their interest and expertise: iPhones, PC or Mac laptops, Androids and troubleshooting. Older adults were invited to attend and brought their own mobile devices or used the students’ devices.

1. One-on-one sessions between students and older adults at Coffee, Tech and Me — a series of informal, drop-in Saturday morning events where older adults are paired with high school students;

Connected! has three components:

2. Free classes taught by an older adult volunteer who provides an overview of mobile devices and their various applications and troubleshoots problems in a more structured group setting; and 3. Home visits by volunteer retired computer experts who help older adults troubleshoot home-based technology and connectivity issues. These visits are made by appointment and free of charge. continued on page 26

The City of Manhattan Beach won the Award for Excellence in the Community Services and Economic Development category of the 2016 Helen Putnam Award for Excellence program. For more about the award program, visit www.helenputnam.org.

League of California Cities

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City Manager San Fernando, CA The City of San Fernando is now seeking an exemplary contemporary leader who will inspire a shared vision, encourage creativity, and foster a high-performing, accountable, and service oriented organization by setting clear direction, goals, and expectations to serve as City Manager. A Bachelor’s degree in finance, business administration, or public administration is preferred. At least ten years of management and administrative experience in a municipal government or similar public agency setting is required with at least five of those years being at a department head level or higher. An equivalent combination of training and experience is qualifying. A Master’s degree is preferred. The salary for this position is open and dependent upon qualifications. Apply online at www.bobmurrayassoc.com. Contact Gary Phillips at (916) 784-9080 with questions. Filing deadline is June 23, 2017.

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

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Building Official Chief Wastewater Plant Operator City Engineer City Planner For minimum qualifications and salary ranges, see detailed job descriptions online or in person at City Hall. Applications and job descriptions may be obtained online at www.cityofneedles.com or in person at City Hall, 817 Third Street, Needles, CA 92363. Open Until Filled.

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Town Manager, City of Windsor, CA The award-winning Town of Windsor, with a population of just over 27,000 and surrounded by oak-covered hills and valleys of the Russian River, fields of vineyards, and soaring hot air balloons is now seeking a Town Manager. The Town of Windsor has something for everyone and offers its own distinct pride and charm. The Town Council is seeking a creative and innovative Town Manager who has exceptional people skills, understands how to leverage technology, and excels at managing complex negotiations. Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical way to obtain the required qualifications would be the equivalent to graduation from a four-year college or university with major coursework in public or business administration, public policy, finance, or a related field and seven (7) years of management or administrative experience in a public agency setting as a City Manager, Assistant City Manager, or in a related senior administrative/managerial capacity involving responsibility for planning, organization, and implementation. An equivalent to a Master’s degree in a related field is highly desired. The salary for this position is open and dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Contact Gary Phillips at (916) 784-9080 with any questions. Application filing deadline is June 16, 2017. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Western City, June 2017

City Engineer

SALARY: $116,916.00 - $141,252.00 Annually (38 hour work week)

City of Claremont, California

Assistant Director of Community Development — Planning — City of Glendale, CA Salary: $10,312- $15,000 monthly

(salary includes PERS contribution) The City of Glendale is seeking a strategic-minded, contemporary planning professional with a keen eye for urban design and quality development to serve as the Assistant Director of Community Development – Planning. This position will autonomously lead the Planning Division with support from a visionary council, strong management team and engaged public in achieving the City’s vision and objectives. As the fourth largest city in Los Angeles County, the City of Glendale affords a passionate planner the ability to positively impact the lives of over two hundred thousand residents. Through innovative and exciting projects, the Assistant Director of Community Development – Planning will play a major role in keeping Glendale one of America’s most livable cities. Requirements: A Bachelor’s Degree from an accredited college or university and at least eight years of comprehensive management level experience in the field of planning, including four years as a division or section head in the same field. For full job description and to apply, visit www.glendaleca.gov. Applications must be submitted online by 7/03/2017.

League of California Cities

Interested candidates can apply for this position and obtain additional information at www.ci.claremont. ca.us. The position is open until sufficient applications received.

The City of Claremont is looking for a highly motivated, self-starter, with excellent customer service skills to assist in managing, planning, organizing, supervising and reviewing the activities and operations of the Engineering Division. The next City Engineer will have the opportunity to oversee a number of exciting projects including: Gold Line Light Rail project; Foothill Boulevard Master Plan construction; implementation of the City’s Watershed Management Plan; infrastructure planning for the Village South Specific Plan; and various citywide capital improvement projects. The City Engineer will have a Bachelor’s Degree in civil engineering and five years of progressively responsible experience in municipal engineering, including at least two years in a supervisory capacity. Registration as a Civil Engineer in the State of California is required and Certification as a licensed land surveyor is highly desirable.

Director of Human Resources City of Concord, CA

ocated 29 miles east of San Francisco, Concord is a major suburban community nestled in the foothills of Mt. Diablo. The City’s 130,000 residents enjoy many amenities that contribute to an excellent quality of life. As the largest municipality in Contra Costa County, Concord has a workforce of 408 employees and a budget of $97.3 million. The City is seeking a collaborative professional with broad HR knowledge and strong relevant work experience to serve as a key business partner and internal expert. Overseeing a team of 7 FTEs and managing a budget of $4.5 million, the Director will have excellent interpersonal skills and the ability to engage the organization’s employees, from labor relations to staff development. A customer-focused and relationship-oriented leader, the ideal candidate will be known as an inclusive, trusted, and credible resource. Bachelor’s degree and 6 years of experience in human resources management (3 years as supervisor) are required. Master’s degree is desirable. Salary range is up to $205,940* annually (*7/2017). Attractive benefits package includes 2% @ 55 CalPERS for Classic Members, 3% and $2,000 employer contribution to 401K. Closing date: Sunday, July 9, 2017. Brochure available at www.tbcrecruiting.com. Julie Yuan-Miu • 925.820.8436 Teri Black • 424.296.3111

Photo/art credits Cover: Blackboard/Shutterstock.com Page 3: Kit8.net/Shutterstock.com Page 7: Izabel.l/Shutterstock.com Page 9: Sdecoret/Shutterstock.com Pages 10–11: Blackboard/Shutterstock.com Pages 14–15: Intararit/Shutterstock.com Page 16: NicoElNino/Shutterstock.com Page 17: Courtesy of the City of Palo Alto

Pages 18 & 27: photos, courtesy of the City of Manhattan Beach and the League of California Cities; wallpaper graphic, Juraj Kovac/Shutterstock.com

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California’s Design Immunity Defense: Why Your City Wants It and How to Get It, continued from page 15

drain on a county road. The berm was located on the shoulder just off the traveled portion of the road. The plaintiff sued the county, alleging that the berm was a dangerous condition. At trial, the county did not introduce any evidence to show that plans for the berm had been approved prior to construction, but did provide evidence that such plans had “probably” been approved by the county’s road maintenance engineer. The jury found that the drain system was a dangerous condition, but ruled in favor of the county, based on design immunity. The court of appeal reversed the decision, holding that the county’s failure to introduce evidence of plans or designs approved prior to the construction of the berm by an employee with discretionary approval authority precluded the county from relying on the design immunity defense. Likewise, in Castro v. City of Thousand Oaks, plaintiffs who were hit by a car while crossing a busy street in a crosswalk sued the city seeking compensation for their injuries. Prior to the accident, the crosswalk had been improved to include a pushbutton-activated flashing beacon that warned cars of pedestrians. The appellate court held that the beacon, which was not part of an approved design plan and was added to the intersection years after the original construction in an effort to increase safety, was not entitled to design immunity because “no warning beacon plan or design was approved in advance of the construction or improvement.” Additionally, it was not enough that the city engineer had authorized the placement of the beacon. Although the city’s municipal code granted the city engineer the authority to purchase and install traffic control devices, the court held this did not give him the necessary discretionary authority to approve a plan. Thus, even though the city was adding a safety measure to the design, because the crosswalk warning beacon had not been on any approved plans before its installation, the city could not rely on the design immunity defense to escape liability. continued

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The design immunity defense offers an affirmative defense to liability for claims arising out of approved plans or designs for public construction projects. J

E S

Director of Community & Economic Development City of Concord, CA

estled in the foothills of Mt. Diablo, Concord is a major suburban community located 29 miles east of San Francisco. As the largest city in Contra Costa County, with approximately 130,000 residents, Concord residents enjoy many amenities that contribute to an excellent quality of life. The City has a workforce of 408 employees and a budget of $97.3 million. The City is seeking a collaborative and astute professional who is excited by the opportunity to lead a highly functional team of 51 FTEs, staffing five major divisions in the Community and Economic Development Department: Planning and Housing, Building, Transportation, Engineering, and Economic Development. The Director manages a budget of $46.6 million and plays a pivotal role guiding significant projects shaping the City’s future. Energetic, skillful and results-oriented, this individual joins a collaborative executive team. Bachelor’s degree, and 6 years of experience in economic/community development (3 years as supervisor) are required. Master’s degree is highly preferred. Salary range is up to $205,940* annually (*7/2017). Attractive benefits package includes 2% @ 55 CalPERS for Classic Members, and 3% and $2,000 employer contributions to 401K. Closing date: Sunday, July 2, 2017. Brochure available at www.tbcrecruiting.com. Julie Yuan-Miu • 925.820.8436 Teri Black • 424.296.3111

CITY OF TRACY With a population of over 85,000 residents, the City of Tracy lies at the intersection of its past and its future. Tracy’s centralized location offers easy freeway access to the vast recreational resources of the Bay Delta, Yosemite National Park, Lake Tahoe and San Francisco Bay Area. Tracy is a thriving industrial, commercial, and residential community based on well-planned growth and progress. The City Attorney is appointed by and serves at the pleasure of the City Council, and is a vital part of the City’s executive team. The City Attorney oversees an active, engaged and highly effective legal office. The City Attorney’s Office performs the traditional legal CITY functions of a general law city by prosecuting of the municipal code, initiating ATTORNEY violations and defending litigation and providing legal William Avery & Associates guidance, advice, and counsel to the Council, City Manager, department Management Consultants heads, and the full range of City Boards and Commissions regarding legal 1 3 /2 N. Santa Cruz Ave., Suite A issues associated with a dynamic and progressive city. Los Gatos, CA 95030

Comprehensive knowledge of municipal law, familiarity with the City 408.399.4424 Attorney role and a collaborative problem solving style are critical aspects Fax: 408.399.4423 of this position. Preferred qualifications for this position are seven or email: jobs@averyassoc.net more years of California experience in the practice of municipal law. www.averyassoc.net Experience at the City Attorney or Assistant City Attorney level and/or experience managing a team of lawyers is also preferred. A Juris Doctor degree with current membership in the California State Bar is required. To be considered, please visit the Avery Associates Career Portal at www.averyassoc.net/current-searches/ to upload your letter of interest, resume, salary history and contact information including email addresses for five work-related references to Bill Avery by June 23, 2017.

Western City, June 2017

California’s Design Immunity Defense: Why Your City Wants It and How to Get It, continued

A city that pleads and proves that Government Code Section 830.6 applies is immune from liability even if the plan or design could be considered dangerous. J

Opening Soon

City Clerk Annual Salary $99,518.52–$123,286.56 DOQ plus a competitive benefits package

Situated in southeast LA County about 10 miles from the Pacific Ocean, the charming City of Downey has a population of 114,000 and covers an area of 12.7 square miles. The ideal candidate will have experience leading initiates such as enhanced records management practices and procedures through the use of technology, assessment of workflow processes, and website design for the availability of records to enhance customer service. The candidate will be politically astute, collaborative, professional, ethical, and committed to service. Position requires five years of progressively responsible experience, preferably within a municipal City Clerk’s Office. A BA degree in Public Administration or a related field plus a Certified Municipal Clerk designation and direct supervisory experience is highly desired. Submit letter of interest with a current resume and salary history to the attention of the Human Resources Director, 11111 Brookshire Ave., Downey, CA 90251. Please look for the formal position announcement on our website at www.downeyca.org.

Opening soon . . .

The city appealed, and the court of appeal reversed the trial court’s decision. The court of appeal held that the design immunity defense shielded the city from liability, because the city provided evidence at trial to establish that the plans for the intersection had been prepared by a registered civil and traffic engineer and presented to the city council, which approved the plans and authorized a call for bids to build the intersection. The court noted that it was not necessary for the individual who approved the project to testify: “Discretionary approval need not be established with testimony of the individual who approved the project. A former employee may testify to the entity’s ‘discretionary approval custom and practice’ even if the employee was not involved in the approval process at the time the challenged plan was approved.”

Fire Chief Public Works Director

In Hampton v. County of San Diego, the California Supreme Court addressed whether the employee who approves the plans has to be aware of design standards or the fact that the design deviates from approved standards to give the requisite discretionary approval. In Hampton, the

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Looking for Footnotes?

City of Alameda Teri Black • 424.296.3111 Julie Yuan-Miu • 424.296.3111 Bradley Wardle • 650.450.3299

Although direct evidence is often best to establish prior discretionary approval, evidence other than the direct testimony of the individual who approved the project may be sufficient. In Gonzales v. City of Atwater, a driver struck and killed a pedestrian. The pedestrian’s family sued the driver and the city for wrongful death, claiming against the city that the intersection where the accident occurred was a dangerous condition. The court determined that the driver was not responsible for the accident. Rather, the court found that the intersection’s dangerous condition was the sole cause of the accident and entered judgment against the city for approximately $3.2 million in damages.

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

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plaintiff was seriously injured in a collision between his vehicle and another vehicle that occurred at an intersection in San Diego County. The plaintiff alleged that the accident occurred when he pulled forward into the intersection and was struck by another driver. In addition to the driver’s negligence, the plaintiff alleged that the design and construction of the intersection where the accident occurred did not meet the county’s approved standards for sight-line visibility because a high embankment covered with vegetation substantially impaired visibility. The court held that the public agency was not required to present evidence to show that the individual who approved the design plans was aware of design standards or was aware that the design met or did not meet those standards in order to show prior discretionary approval. Evidence of whether the design at issue met with relevant standards could be considered in the third element — reasonableness of the design — but was not required in order to meet the second element of discretionary approval prior to construction. The third element — substantial evidence of the reasonableness of the plan or design — is usually obtained through expert testimony. As long as the expert’s testimony is of solid value and reasonably inspires confidence, it shouldn’t matter that the plaintiff presents his or her own expert to contradict the testimony.

Conclusion The design immunity defense offers an affirmative defense to liability for claims arising out of approved plans or designs for public construction projects. Your city wants it because it can act as a complete shield to liability. Your city can get it by: • Maintaining records of the plans for the public construction or improvement and the approval of those plans prior to the commencement of construction; and • Ensuring that your city code gives the person who approves the plans the discretionary authority for that approval.

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These records must exist for all construction projects or improvements, including later “add-ons” made in an effort to improve safety. Unless the local public agency can establish discretionary approval prior to construction or improvement by a person

authorized under the local code to give such discretionary approval, the public agency can be left liable years later for a construction or improvement completed many years prior to the injury. ■

E S

Fire Chief

City of Fremont, CA

he City of Fremont is the eastern anchor of the Silicon Valley and is home to an ethnically and culturally diverse population of 226,551. With the recent opening of a new BART Station, the community is rapidly becoming the Bay Area’s top choice for work and play, and its housing market is considered one of the healthiest in the state. The Fremont Fire Department is supported by an annual operating budget of approximately $50 million and 160 FTEs (140 sworn/20 non-sworn). Fremont is seeking an exceptional leader and mentor who is well-versed in contemporary fire service practices and progressive cultures. The ideal candidate will have a history of mentoring future managers and leaders, as well as supporting a nimble organization that is well positioned to keep pace with evolving community needs and service demands. Previous experience serving a diverse community will be considered favorably. Eight (8) years of fire service experience, of which at least five (5) include supervisory and administrative responsibility, and a Bachelor’s degree are required. A Master’s degree and/or formal leadership training is strongly preferred. The Fire Chief’s salary range is $180,000 to $243,000; salary is supplemented by a competitive benefits package. This recruitment will close on July 16, 2017. Visit www.tbcrecruiting.com for detailed brochure and to apply online. Teri Black • 424.296.3111 Bradley Wardle • 650.450.3299

Chief Technology Officer City of Fremont, CA

erving as the eastern anchor of the Silicon Valley, the City of Fremont is home to an ethnically and culturally diverse population of 226,551. The city’s Innovation District is known as the hottest new address for start-ups and Fremont’s housing market is regarded as one of the strongest in California. The Chief Technology Officer (CTO) oversees the Information Technology Services Department, which is supported by 23 FTE and a budget of $10 million. The ideal candidate will be an inspiring and versatile leader who adheres to admirable standards and a superior customer orientation. A high-level problem solver and forward thinking strategist, he/she will have the proven ability to implement transformational technology-based solutions that maximize individual and organizational capacity. Outstanding communications and interpersonal skills will also be expected. Seven (7) years of progressively responsible and relevant experience in the public and/or private sector, including at least three (3) years of supervisory experience, and a Bachelor’s degree are required. Salary range is under review and will be competitive with current market; salary supplemented by an attractive benefits package. Please visit www.tbcrecruiting.com for detailed brochure and to apply online. This recruitment will close on Sunday, July 2, 2017. Teri Black • 424.296.3111 Bradley Wardle • 650.450.3299

Western City, June 2017

PeckhamMcKenney &

Presents Outstanding Career Opportunities

Executive Officer San Diego LAFCO

The San Diego Local Agency Formation Commission (LAFCO) serves San Diego County, the southernmost major metropolitan area in the State of California. The region encompasses 4,526 square miles and has a population of 3.3 million with 18 incorporated cities. The 13-member Commission consists of 8 regular commissioners and 5 alternates that represent the county, cities or special districts within the County of San Diego. The Commission is seeking a new Executive Officer that is stable, innovative and dynamic with exemplary professional qualifications. The successful candidate will have outstanding oral and written communication skills, excellent judgment, strong follow-through, impeccable work ethics, and a proven management, budgetary and supervisory track record. Bachelor’s degree in public policy, political science, public administration or urban planning is required; Master’s is desirable. In addition, five years of progressively responsible administrative experience with at least three in local government is required. Salary range is $131,684 to $208,145 with a comprehensive benefits package. Filing deadline is June 30, 2017.

City Manager City of Pacifica, CA Located in San Mateo County just twelve miles south of San Francisco, Pacifica (pop. 40,000) feels worlds away from it, yet is easily accessible from Highway 1. The most panoramic coastal town in the San Francisco Bay Area, Pacifica is famous for its six miles of scenic coastline, classic California beaches, breathtaking vistas, and charming ambience. Appointed by a five-member City Council, the City Manager will oversee this full-service city (contract fire services) with 180 FTEs and proposed FY 2017/18 general fund budget of $31.1M. Proven, experienced local government professionals with generalist and/or operational backgrounds are encouraged to apply. Those candidates with a solid understanding of municipal budgeting and finance as well as funding mechanisms to address infrastructure improvements; labor relations experience; and experience and/or familiarity of coastal zone, open space, and environmental issues and related regulatory agencies will be very strongly considered. Bachelor’s degree in public or business administration or a related field is required; Master’s preferred. Annual salary in the low $200,000 range (DOQE); CalPERS Classic 2.5% @ 55. Filing deadline is June 26, 2017.

Development Services Director City of Oceanside, CA Centrally located in the heart of the beautiful Southern California coastline, Oceanside (pop. 176,000) offers a unique combination of outstanding location, affordable housing, excellent schools, and multiple resources. This full-service agency provides a vast array of services through 949 FTEs and overall budget of $422 million. Appointed by the City Manager and reporting to the Assistant City Manager, the Director will serve as part of the Executive Management Team and oversee a $16M budget and 57 staff in the divisions of Planning, Building, and Engineering. The Director must have a significant breadth of development services experience with personal experience in one or more of these areas, not just oversight experience. A strong background in land use planning is essential including CEQA experience and familiarity with the Coastal Act. A Bachelor’s degree in Public or Business Administration, Urban Planning, or a related field is required; Master’s degree is highly desirable. Salary range is $145,764 to $194,376 annually (DOQ). Filing deadline is June 19, 2017.

Please send your cover letter and resume electronically to:

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“All about fit” City Manager

City of South Pasadena, CA

Frequently used in Hollywood films as a stand-in for classic small American towns, the charming City of South Pasadena (pop. 26,000) is just six miles from downtown Los Angeles, yet a world apart. Located in the West San Gabriel Valley and known as “South Pas” to its residents, the community is acclaimed for its small-town character, rich architectural heritage, an outstanding school system, and magnificent tree-lined streetscapes. Appointed by a five-member City Council, the City Manager will oversee this full-service city with 146 FTEs and 2016/17 general fund budget of $26.9M. Local government professionals with experience in infrastructure improvement and financing methods, promotion of appropriate local economic growth, and an appreciation of the unique character of a quality community are strongly encouraged to apply. Bachelor’s degree in public or business administration or a related field is required; Master’s preferred. Competitive annual salary DOQE Filing deadline is July 10, 2017.

Director of Public Works City of Rancho Palos Verdes, CA For those looking for a supportive environment to accomplish some exciting capital projects, this is the position you’ve been seeking. The City of Rancho Palos Verdes (pop. 42,000), situated atop the hills and bluffs of the Palos Verdes Peninsula in Los Angeles County, is a contract city that has maintained its low-tax, low density, semi-rural environment with expansive views of the Pacific Ocean and Los Angeles basin. Residents enjoy 7.5 miles of Pacific coastline, the 1,400-acre Palos Verdes Nature Preserve, and hundreds more acres of open space. The Director of Public Works will join a dynamic City leadership team and oversee an approximate $2.3M budget, $30M CIP, and 17 outstanding staff members in the areas of Administration, Engineering, Maintenance, Permitting and Resident Services. Bachelor’s degree in civil engineering, business or public administration, or a related field and seven years of management and/or administrative experience in engineering, public works operations and maintenance, business or public administration, or a related field is required. Possession of CA Professional Engineer registration is highly desirable. Salary range up to $182,733 (with expected 2.5% COLA in July 2017); appointment DOQE. Filing deadline is July 7, 2017.

City Manager City of Orinda, CA The beautiful City of Orinda is a family-oriented community of approximately 18,500 residents that enjoys a semi-rural suburban setting surrounded by majestic tree-studded hillsides within its 12.8 square miles. Located in Contra Costa County, within 20 minutes of downtown San Francisco, Orinda residents enjoy natural beauty, excellent schools, safety, history, and abundant cultural opportunities. A BART station is situated in the center of the community allowing a convenient commute within the Bay area. A General Law city, Orinda has a reputation as a well-managed and stable municipal government with a five-member City Council, 38 FTEs, and a projected $13.2 million general fund operating budget in FY 2017/2018. The City recently received a AAA bond rating from Standard & Poor’s for a $35M general obligation bond issue, which will fund necessary repairs to roads and storm drains. The City Manager will bring proven management and leadership abilities, an open communication style, strong interpersonal skills, and generalist knowledge/experience in local government. Bachelor’s degree is required; Master’s preferred. The annual salary will be in the low $200,000 range; appointment DOQE. The City contributes to a 401(a) defined compensation plan. The City does not participate in CalPERS or Social Security. Filing deadline is June 5, 2017.

Manhattan Beach Teens Help Seniors With Tech Issues, continued from page 18

The goal is to help older adults become better connected with the community, essential services, friends and family.

A connected community is a stronger community. J

Community Benefits in Multiple Ways

Assistant Community Development Director - Building Official City of Burbank, CA

estled between the Hollywood Hills and the Verdugo Mountains in the heart of Los Angeles County with easy access to numerous transportation options, the City of Burbank is home to 108,000 residents and a day time population of nearly 200,000. Known as the “Media Capital of the World,” Burbank’s strong entertainment base includes some of the biggest names in the business. The Assistant Community Development Director – Building Official reports to the Community Development Director and oversees a staff of 28. The division is responsible for building permits, plan check review, building inspections, property maintenance, code enforcement, and business licenses. The ideal candidate will be an inspiring people manager and collaborative internal partner. An accessible professional, he/she will be an outstanding communicator who is comfortable engaging with a wide variety of audiences. Eight years of progressively responsible experience, with at least four years of service in a supervisory capacity, and a Bachelor’s degree in architecture, engineering or related field are required. Registration as an Engineer or licensure as an Architect in California by the time of appointment is required. Salary range up to $161,578; salary is supplemented by an attractive benefits package. This recruitment will close on Sunday, June 18, 2017. Visit www.tbcrecruiting.com for detailed information and to apply online. Teri Black • 424.296.3111 Bradley Wardle • 650.450.3299

PERSONNEL ADMINISTRATOR CITY OF CERRITOS, CALIFORNIA Salary: $5,916 – $7,402 Per Month + Benefits An excellent career opportunity is available with our Human Resources Division as a Personnel Administrator. Under direction of the Personnel/Risk Manager, the incumbent will perform professional analytical support work in areas including recruitment and selection, labor relations, classification, compensation, staff development, general liability and risk management, payroll, benefits administration, and workers’ compensation program administration. A combination of education and experience which would provide the required knowledge would typically include a Bachelor’s degree in Business Administration, Public Administration or a related field, and four years of responsible personnel experience. City application required to apply. Position is OPEN UNTIL FILLED and may close at any time without notice. Visit our website at www.cerritos.us for more job information and application or call (562) 860-0311.

League of California Cities

“I’m proud to say that this intergenerational program was enthusiastically embraced by the older adults who were surprised by the kindness, patience and knowledge the students showed them. For many it changed the way they viewed these teenagers — and vice versa,” says Diane Campisi, who serves as co-chair of the Senior Advisory Committee. “The students said how much they enjoyed helping the older adults and hearing about their lives. It’s not just about the technology but, happily, about connections made between these generations.” The positive responses to the program show that an important need is being met. Because the older adults use their own devices and receive one-on-one attention, they can learn and practice at their own pace. The classes and in-home visits provide a more traditional approach to informing and connecting older adults, and the increasing numbers of participants underscore the effectiveness of this approach. As increasing numbers of older adults acquire technology skills, they in turn are recruited as mentors and teachers for beginners. “Any observer walking into the room where we hold the Saturday morning sessions can immediately understand the mutual benefits of this program — kids listening, explaining and demonstrating, and older adults smiling and saying ‘Aha’ as they learn and practice new skills,” says Kate Nelson, who chairs the Senior Advisory Committee. “Everybody leaves feeling better than they did when they walked in.” Dayle Eisenhauer is a volunteer training instructor in the Older Adult Program who teaches the group lessons about iPads and iPhones. She says, “This intergenerational effort was absolutely needed because it gave the older adults one-on-one

www.cacities.org

One-on-one sessions provide many benefits beyond technical support for both teens and seniors.

help. Sometimes that’s exactly what it takes to get over the initial hump. The relationship that the high school students and the older adults build allows the older adults to comfortably ask questions about their technology. My group classes have seen an increase in attendance as a result. The older adults are feeling more comfortable with their technology and ready to learn more.” The city’s commitment and support is not expensive. Manhattan Beach provides the facility, room set-up and cleanup, coffee, snacks and Dial-A-Ride transportation. As older adults become more proficient online, the city can reduce its postal delivery of the newsletter and other announcements, thus reducing mailing expenses. Teaching more residents how to access the city’s services online reduces the need to have city staff respond to inquiries in person or via phone calls.

Through Connected!, students contribute to their community and learn important life lessons about citizenship. Older adults who are connected to their community are more likely to be involved in municipal decision-making processes as well as in activities. Intergenerational programs like this one, especially those that rely on volunteers, not only save money and expand services but also bring people together in a time when families are often geographically separated and many seniors are living longer than previous generations. The technological revolution has created enormous opportunities for communication, but it may also have increased the isolation of some of our most vulnerable older adults, who need a connection to the larger community to thrive and age in place successfully. Teenagers — who are certainly connected technologically —

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benefit from the company and wisdom of elders. Ultimately, a connected community is a stronger community. Contact: Mark Leyman, director of parks and recreation, City of Manhattan Beach; phone: (310) 802-5403; email: mleyman@citymb.info. ■

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Western City, June 2017

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ALWAYS IN YOUR CORNER, OR CITY HALL. Very few people know the ins and outs of municipal clients like Nubia Goldstein. As one of Churchwell White’s original attorneys—serving as the City Attorney to the City of Newman and Deputy City Attorney to the cities of Dixon, Ceres, and Sonora—Nubia has become a familiar and trusted face to both clients and coworkers alike. People know to go to Nubia if they need help getting to the bottom of a problem, which is exactly what the City of Patterson did after spending years trying to collect over $200,000 worth of unpaid taxes and interest from a local hotel franchisee. With Nubia’s assistance, the City filed a lawsuit against the hotel, successfully argued against the hotel’s cross claim, and not only recouped the owed taxes, but were also rewarded their attorneys’ fees and costs. While the recognition was nice, the client’s vindication was priceless. At Churchwell White, we understand that results are created by people. Together, our team of lawyers and legislative advocates combine unexpected ideas with decades of proven experience. If you need a strategic partner with creative solutions, call to see what we can do for you.

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