Western City August 2015 by Western City Magazine

AUGUST 2015 |

The Monthly Magazine of the League of California Cities速

速

2015 Annual Conference & Expo Preview p.14 Home Sharing in the New Economy p.11 Outstanding Local Streets & Roads Awards Highlight Best Practices p.22

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CONTENTS 2 Calendar of League Events 3 President’s Message The Role of Vision, Tenacity and Humility in Leadership

By Stephany Aguilar

Dreamers see the possibilities that others are intimidated by or cannot envision, and they frequently are told they will undoubtedly fail.

6 City Forum

Acknowledging Excellence in City Programs

By Eva Spiegel

ponsored by the League Partners, S the Helen Putnam Award for Excellence recognizes cities’ efforts to creatively address local challenges.

elebrating 60 Years of C Service to California’s Local Governments

The Institute for Local Government promotes good government at the local level by creating practical, impartial and easy-to-use resources for California communities.

11 Legal Notes

Home Sharing in the New Economy By Trevor Rusin and Andrea Visveshwara

nline hosting platforms make O it easy to rent a home or room for short periods of time. Cities’ traditional regulatory tools allow communities to address short-term rentals and their potential impacts.

hy Banks Don’t Serve W Marijuana Businesses

By Leland Chan The reluctance of banks to offer services is bad news for marijuana businesses and agencies that seek to accommodate them.

14 L eague of California Cities 2015 Annual Conference & Expo Preview

“Specializing in providing advice and representation to public entities and California’s law enforcement agencies.”

Jones & Mayer

Attorneys at Law

By Katie Sacco

oin city officials from over 400 cities J throughout the state at the League’s largest conference of the year.

Expo Exhibitors 17

utstanding Local Streets O and Roads Project Awards Highlight Best Practices

The awards recognize exceptional achievements made by California’s cities and counties to preserve and protect the public’s investment in the local street and road system.

Job Opportunities 28 Professional Services 36 Directory

Cover image: San José Convention Center, courtesy of Team San José

A Trusted Legal Team… Experts in Public Sector and Law Enforcement Issues — Over 30 years of experience • • • • • •

Municipal Law City Attorney Code Enforcement/City Prosecutor Government Tort Defense Internal Affairs Investigations Management & Operational Audits

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www.jones-mayer.com Representing over 75 California Cities and Public Agencies, including:

President Stephany Aguilar Council Member Scotts Valley

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

First Vice President Dennis Michael Mayor Rancho Cucamonga

Second Vice President JoAnne Mounce Council Member Lodi

Immediate Past President José Cisneros Treasurer San Francisco

Executive Director Chris McKenzie

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

leaguevents

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

September 30

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

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

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

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

Contributors Tim Cromartie Martin Gonzalez Rebecca Inman Koreen Kelleher Melissa Kuehne Meghan McKelvey Patrick Whitnell

30 –October 2

League of California Cities 2015 Annual Conference & Expo, San José This 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 at the Closing General Assembly.

Associate Editors Carol Malinowski Carolyn Walker

November 19–20

Design Taber Creative Group

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

Advertising Design ImagePoint Design For photo credits, see page 29. 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. ©2015 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume XCI, No. 8.

IND EN

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 Stephany Aguilar

The Role of Vision, Tenacity and Humility in Leadership Those of us who work in public service come from many walks of life and myriad professions. Serving our communities involves finding ways to deal with the inevitable obstacles and challenges we encounter in our efforts to effect change and make a positive difference. Whether the barrier to progress appears minor or insurmountable, it’s essential to seek options and alternatives that allow us to move toward our goal. When the path forward looks particularly rocky, I recall a passage in Bruce Wilkinson’s novel The Dream Giver: “The way of the Dreamer is difficult, but anything less is hardly living at all.” These words remind me not to become discouraged or give up, but instead to focus on the potential solutions. Dreamers see the possibilities that others are intimidated by or cannot envision, and they frequently are told they will undoubtedly fail. Their detractors often point out that there’s no money available to fund their vision and none is likely to be found. Some people warn dreamers, “Don’t even try it.”

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I’ve experienced these same challenges, and you have probably encountered similar situations. Dreamers must have uncanny patience and the tenacity to hold fast to a dream and bring it to fruition — along with the humility to seek the input and ideas of others in refining their vision.

legislative leaders and with our counterparts at the California State Association of Counties (CSAC) and California Special Districts Association (CSDA), who have similar dreams of creating a better future for all Californians. continued

In many ways, the League plays the role of a dreamer in conjunction with its work of advocating for cities. The League has assisted cities in passing constitutional amendments to protect revenue sources and defeating ill-conceived legislation. We continue to work collectively with legislators to educate and inform them about the consequences and/or benefits of proposed legislative policy, while incorporating ingenuity and collaboration in finding solutions to our challenges. We have nurtured relationships with our

Western City, August 2015

The Role of Vision, Tenacity and Humility in Leadership, continued

Dreamers must have uncanny patience and the tenacity to hold fast to a dream and bring it to fruition — along with the humility to seek the input and ideas of others in refining their vision.

The League’s strategic priorities for 2015 are to: 1. Expand economic development tools and reduce regulation; 2. Implement additional pension, other post-employment benefits and related reforms to help reduce unfunded liabilities and insolvency risks; 3. Modernize the financing of critical infrastructure maintenance and construction programs; and 4. Update the local government tax structure to respond to the “New Economy.” This is not just a list formulated by leadership, but rather a vision that over time will be written, in some form, into legislation and implemented to assist communities and individuals throughout California. It’s likely that the results of these efforts will reach further than we envision today. While I can’t tell you now what those results might look like, I know that we — the League’s member cities — must continue working together to overcome our limitations, apply and develop our skills, create new strategies to

Acknowledgments and Thanks This is my final Western City column as League president for 2014–15. Thanks to my colleagues and city officials who served with me on the League board of directors and its Executive Committee. My work as president has been enriched and made easier by the professionalism and insight of League Executive Director Chris McKenzie, Senior Legislative Director Dan Carrigg, Assistant Legislative Director Jennifer Whiting, Executive Assistant Mimi Sharpe, Regional Public Affairs Manager Deanna Sessums, the League staff and Western City Editor in Chief and consultant Jude Hudson. I greatly appreciate their help. Special thanks to City Clerk Tracy Ferrara, my staff at the City of Scotts Valley, whose support has been invaluable.

League of California Cities

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address our diverse needs and ultimately realize our dreams and our vision of a better future for all Californians. In his book David and Goliath, Malcolm Gladwell writes “... the fact of being an underdog can change people in ways that we often fail to appreciate: it can open doors and create opportunities and educate and enlighten and make possible what might otherwise have seemed unthinkable.” Gladwell’s underdogs are similar to dreamers. They have the tenacity to see things through. They do not shy away from the constant difficulties that face them, nor do they delude themselves that they will experience a long reprieve from life’s challenges. Instead, these individuals have a strength of character that helps them navigate obstacles and challenges differently from others and explore ways to find answers.

Working with many wonderful dreamers who have diverse talents and skills is one of the benefits of involvement with the League and our communities. These people demonstrate the essential leadership traits of patience, tenacity and humility. I sincerely appreciate having the opportunity to learn from and collaborate with these exceptional individuals, and I will continue doing so as long as there is a

dream for the future. I encourage you to explore the opportunities that the League offers each of us through participating in its divisions, departments, policy committees, diversity caucuses, professional development and educational sessions. Thank you for allowing me to serve as your League president this year. It has been a privilege. ■

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Western City, August 2015

Helen Putnam speaks at a League conference; right 2014 award winners from the Healthy Rancho Cucamonga Youth Leaders program. left

Acknowledging Excellence in City Programs by Eva Spiegel California cities use innovation and creativity to build strong communities where residents, schools, nonprofit organizations, businesses and visitors thrive. The Helen Putnam Award for Excellence program celebrates the ways in which cities meet their residents’ needs and creates a showcase for best practices that can be successfully replicated in other communities. This year’s award winners will be recognized at the League of California Cities 2015 Annual Conference & Expo, Sept. 30–Oct. 2 in San José. The winners are announced during the Opening General Session, and each winner hosts a booth in the Expo where city officials can talk with representatives from the city about the award-winning program and its implementation. Western City features the winning projects in articles throughout the following year.

The award program features 12 categories:

Planning Ahead for 2016

11. Public Works, Infrastructure and Transportation; and

The online application period opens in early 2016. All applications must be submitted through www.HelenPutnam.org by April 14, 2016. Because the committee pays particular attention to how the submitted projects specifically advance the League’s strategic goals, the best time to begin evaluating your city’s programs for submission is after the coming year’s goals are set in late November 2015. The strategic goals will be posted at www.cacities. org/priorities after the League board of directors has approved them.

1. Cities Counties Schools (CCS) Partnership Intergovernmental Award; 2. Community Services and Economic Development; 3. Economic Development Through the Arts; 4. Enhancing Public Trust, Ethics and Community Involvement; 5. Health and Wellness Programs; 6. Housing Programs and Innovations;

with proven tangible and measurable results and a minimum of one year of implementation is eligible to apply. Non-winning entries also enjoy opportunities for recognition because these programs serve as examples of best practices. The League’s website includes a database of all Helen Putnam Award applications, dating back to 2010, at www.cacities.org/citysolutions. Each Friday, the League’s electronic newsletter CA Cities Advocate features one of the entries. These articles can be found at www.cacities.org/CACitySolutionsNews.

7. Internal Administration;

Background

8. League Partner Award for Excellence in City-Business Relations;

The League board of directors established the Helen Putnam Award for Excellence in 1982 in memory of former Petaluma Mayor Helen Putnam, who also served as the League’s first female president from 1976–77. During the program’s 30-plus years, hundreds of award-winning projects have served as models and have been adapted by other communities.

9. Planning and Environmental Quality; 10. Public Safety;

12. Ruth Vreeland Award for Engaging Youth in City Government. The judging criteria include the: • Impact of the problem and/or challenge and how well it is outlined; • Degree of innovation in the solution; and • Quality of the results achieved. Any League member city or group of California cities, including League Divisions, that provides a program or service

Sponsored by the League Partners, the Helen Putnam Award for Excellence program recognizes cities’ efforts to creatively address local challenges. Winning entries demonstrate innovation, resourcefulness, efficiency and enhanced public trust and support. A volunteer panel of city officials judges the entries. For more information about the Helen Putnam Award for Excellence program, visit www.HelenPutnam.org. ■

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

League of California Cities

www.cacities.org

Celebrating 60 Years of Service to California’s Local Governments This year the Institute for Local Government (ILG) celebrates its 60th anniversary. The occasion offers a chance to reflect on ILG’s history of promoting good government at the local level and look to its future in helping create opportunities and establish partnerships that support the work of local agencies throughout California.

Addressing Issues of Concern The League founded ILG in 1955, with the support of a Ford Foundation grant, to promote inter-jurisdictional cooperation among local agencies. The idea was to create an organization, separate from League legislative advocacy activities, to conduct applied research and generate practical information that cities could use to improve local services or solve problems. In the mid-1960s, as local agencies were beginning to recognize the need for cities and counties to cooperate on regional issues, ILG responded with its first publication offering a practical how-to guide on effective collaboration that included examples from the San Francisco Bay Area, Southern California and Maricopa County, Arizona. ILG has addressed issues of concern for cities throughout its history. For example, during the gasoline crisis in the late 1970s and early 1980s, ILG published Local Contingency Planning for Gasoline Shortages. Following the passage of Proposition 13 in 1978, ILG focused on public-private partnerships in a series of booklets and workshops. From 1965 to 2000, ILG produced more than 100 publications on urgent public policy issues.

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Throughout its 60 years, ILG has been served by eight executive directors and a board of directors comprising dedicated local elected officials and community leaders. Over time, its programs and focus areas have evolved — from telecommunications, water issues and school curriculum in the 1980s and land use, ethics and fiscal issues in the 1990s to the current focus on collaboration, ethics, local government basics, public engagement and sustainable communities. But ILG’s fundamental purpose has not changed: to promote good government at the local level by creating practical, impartial and easy-to-use resources for California communities.

A Catalyst for Progress ILG became an affiliate of the California Special Districts Association (CSDA) this year, complementing its ties with the League and the California State Association of Counties (CSAC), which affiliated with ILG in 2006. The leaders of these three local government organizations came together at ILG’s request in May 2015 to share priorities and discuss the current and emerging issues impacting cities, counties and special districts. This meeting set the groundwork for further collaboration in addressing today’s communitywide challenges. “The ILG team is dedicated to serving local governments throughout California,” says ILG Director Martin Gonzalez. “ILG’s relationship with the League, CSAC and CSDA helps us to better understand the critical issues facing local governments and provide tools, training and other resources to support them.”

By creating opportunities for elected and appointed officials to discuss complex issues, ILG acts as a catalyst for progress. A 2015 ILG symposium titled “Advancing Climate Action, Sustainability and Community Well-Being” drew state and local leaders, including four cabinet secretaries. Symposium participants discussed a variety of topics, including how local governments and the state can work together to ensure that California communities benefit from the state’s investment in cap and trade and the Greenhouse Gas Reduction Fund. Local officials from communities participating in ILG’s Beacon Program also joined the discussion. ILG created the Beacon Program in 2009 to mobilize cities and counties in addressing climate change by saving energy, implementing sustainability best practices and reducing greenhouse gas emissions. Currently 75 cities and counties, representing over 25 percent of the state’s population, are engaged in the program. Eight regional organizations serve as champions to support and encourage the activities of cities and counties that participate in the Beacon Program or are considering doing so. “ILG is in the unique position of being able to bring together representatives of different levels of government to discuss and address issues that impact all Californians — issues that are bigger than one city, one county or one special district,” says League Executive Director Chris McKenzie. ILG has expanded its Collaborations and Partnerships Program to help local continued

Western City, August 2015

Celebrating 60 Years of Service to California’s Local Governments, continued

Help Support the Institute for Local Government The Institute for Local Government (ILG) relies on the generosity of individuals, organizations and businesses to continue its work of promoting good government at the local level and serving local governments and their communities. For more information on how to support the work of ILG, visit www.ca-ilg.org/donate.

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governments work together more effectively to maximize human and financial resources and efficiently deliver services and support to children and families in California communities. The program now includes:

In addition to fostering collaboration through discussions, resources and practical programs, ILG now offers technical assistance, using its resources and expertise, for local agencies statewide. Among other projects, ILG has worked with the City of Turlock on its civic engagement and education effort surrounding the transition from at-large to district elections and partnered with the Town of Paradise on a series of workshops soliciting public input from residents on a sales tax measure. Such projects allow ILG to deepen its understanding of local agencies’ informational needs and the challenges that local officials are facing. “ILG continues to be a great resource for cities throughout California,” says Mike Kasperzak, a Mountain View City Council member and ILG board member. “Its work has expanded from the flagship ethics program to include resources and direct assistance to encourage inclusive public engagement and innovative programs

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that foster the development of sustainable cities and a culture of collaborative governance.”

Looking Ahead As ILG embarks on new endeavors it remains committed to a foundation of promoting good government at the local level and generating practical information that local agencies can use to improve local services or solve problems. “We look forward to continuing to work with and be a resource for local governments in California for years to come,” says Gonzalez. “Together we can create vibrant and sustainable communities.” To learn more about ILG’s work, visit www.ca-ilg.org. ■

Institute for Local Government board members celebrate the organization’s 60th anniversary. left to right: Rod Gould, former city manager, City of Santa Monica; Henry Gardner, former city manager, City of Oakland; Neil McCormick, executive director, California Special Districts Association; Cara Martinson, legislative representative, California State Association of Counties; Steve Perez, general manager, Rosamond Community Services District; Michele Beal Bagneris, city attorney, City of Pasadena; Brett Channing, assistant to the city manager, City of El Cajon; Greg Cox, supervisor, San Diego County; Mike Kasperzak, council member, City of Mountain View and League past president; Chris McKenzie, executive director, League of California Cities; Salud Carbajal, supervisor, Santa Barbara County; Ryan DeVore, community development department director, City of Sacramento; and Martin Gonzalez, director, ILG.

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Western City, August 2015

Home in the New Economy This article is the second in a two-part Legal Notes series on â&#x20AC;&#x153;New Economyâ&#x20AC;? issues in cities. 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.

e R

Sharing by Trevor Rusin and Andrea Visveshwara With short-term residential rentals exploding in popularity in the “new” or “sharing” economy, many cities are taking a hard look at the impacts of such rentals in the community. Online hosting platforms such as Airbnb, HomeAway and FlipKey create a direct connection between hosts (for example, residential owners) and travelers or other temporary visitors and make it easy to rent a home or room for short periods of time. Opponents are concerned with loss of housing stock and

the residential character of neighborhoods. Neighbors may complain about impacts from parking, traffic and noise, as well as other public safety issues. Hotels may also complain that short-term residential rentals do not have the same overhead costs and regulation that they face. Alternatively, proponents may desire to supplement their income with such rentals for a variety of reasons, such as to offset a job loss. The business community may also welcome the positive effects of more visitors who frequent city restaurants and purchase other services. Although not specifically designed to address the sharing economy, cities’ traditional regulatory tools allow communities to address short-term rentals and their potential impacts. This article provides an overview of these tools and their reach.

l a t n

Short-Term Residential Rentals Can Be Regulated as a Land Use The California Court of Appeal in Ewing v. City of Carmel-by-the-Sea considered whether a city ordinance that banned short-term rentals (residential property rentals of 30 days or less) was valid. The ordinance was based on the city’s General Plan policies related to strengthening the residential character of neighborhoods in the city by limiting commercial uses in residential neighborhoods.

The plaintiffs owned a single-family property in a residential district and rented the property to tourists for short stays. They argued the ban ordinance did not advance a legitimate government interest, citing a lack of complaints about the rentals. However, the court found that the short-term rentals alone sufficiently threatened the residential character of a neighborhood because “short-term tenants have little interest in public agencies or in the welfare of the citizenry.” Accordingly, the court upheld the city’s prohibition. A city is not limited to imposing a strict prohibition or ban and may use its constitutional police power to allow short-term rentals subject to conditions designed to address potential negative impacts. Options include a density restriction or allowing the rentals only in certain areas to mitigate against harm to a neighborhood’s residential character. Alternatively, a city may allow short-term rentals where the host is present (for example, renting a room or guesthouse), but prohibit them where the host is not present (for example, renting the entire residence). Cities may also consider limiting the number of days in a calendar year that a property can be used as a short-term rental or implement related parking or noise restrictions. continued

Trevor Rusin is an attorney with the law firm of Jenkins & Hogin LLP and assistant city attorney for the City of Malibu. He can be reached at trusin@localgovlaw.com. Andrea Visveshwara is an assistant city attorney for the City of Petaluma and can be reached at avisveshwara@ci.petaluma.ca.us. www.westerncity.com

Western City, August 2015

Home Sharing in the New Economy, continued

Legislative Subpoena Guide Authority

General Law Cities: Government Code Sections 37104–37109 Charter Cities: California Constitution Article XI, sections 3(a) and 4(e), and may be codified in city’s charter. Note: A charter city’s subpoena power may be broader than a general law city’s power.

Execution

• Subpoena must be authorized by ordinance or similar enactment, signed by the mayor and attested by the city clerk. • Served in same manner as civil subpoenas. • Must detail a valid legislative purpose, the need for the subpoena and the relevance of the materials or testimony sought. Note: “Matters relating to the investigation and enforcement of tax measures are proper legislative concerns.” • Must comply with general subpoena requirements, notably: The materials/testimony sought must be sufficiently defined; It must not be overly broad or unduly burdensome; and It must not run afoul of any statutory or common law privilege that prevents disclosure. • To ensure complete records are produced, both records and an appearance at a city council meeting should be demanded. If complete records are produced three days before the meeting, the personal appearance can be excused.

Consequences

If the subpoenaed party fails to comply, the city needs to report the violation to the superior court. The judge will issue an attachment for the party and begin contempt proceedings where the disobeying party faces fines and/or jail.

A fully footnoted chart is included in the online version of this article at www.westerncity.com.

One option for implementing conditions is requiring hosts to obtain an administrative permit or otherwise register with the city pursuant to an ordinance. A key benefit of this practice is that it makes the host known to the city and facilitates communication. The city may also charge a permit fee, which can offset the cost of administering the permitting program.

Short-Term Rentals May Be Taxed Short-term rentals also present a potential source of revenue for cities. Revenue and Taxation Code Section 7280 allows a city to tax “the privilege of occupying a room or rooms, or other living space, in a hotel, inn, tourist home or house, motel or other lodging unless the occupancy is for a period of more than 30 days.” Thus, these rentals may already be subject to a city’s transient occupancy tax (TOT) ordinance, depending on how the jurisdiction has defined its ordinance. In addition, SB 593 (the Thriving Communities and Sharing Economy Act) is a two-year bill that the Legislature will consider again in 2016. If passed, the bill would amend Section 7280 to declare that existing law allows a city to levy a tax on short-term rentals pursuant to its TOT ordinance on either a host or a hosting platform. A short-term rental may also be considered a business, subject to a city’s business license and tax requirements.

Enforcing Compliance With Local Ordinances Permitted Use by Right in All or Certain Zones. The easiest and most cost-effective ordinance to enforce is one that allows short-term rentals. This type of ordinance may include a requirement that hosts register with the city. Such an ordinance will also generate the greatest tax revenue if the rentals are subject to the city’s TOT. It encourages registration and payment of taxes because: • There is no benefit to avoiding registering; and • There are heavy financial penalties (including back taxes, penalties and interest) for not complying. continued on page 30

League of California Cities

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Why Banks Don’t Serve

Marijuana Businesses by Leland Chan

When California voters passed Proposition 215 in 1996 permitting the compassionate use of medical marijuana, the Golden State was one of the first in the nation to do so. Today, California finds itself the only state on the West Coast (including Alaska) not to have legalized marijuana for general use. But that may soon change. Lieutenant Governor Gavin Newsom has established the Blue Ribbon Commission on Marijuana Policy in anticipation of a 2016 ballot initiative to legalize marijuana in California for all adults. The commission’s purpose is to identify the issues raised by legalizing, taxing and regulating marijuana and to develop solutions. One of those issues will surely be how to coax reluctant bankers to provide services to marijuanarelated businesses. But it is unlikely that the commission will have an answer as long as the sale and distribution of marijuana remain illegal under the federal Controlled Substances Act (CSA).

The Role of Federal Law In light of the states’ actions, the federal Department of Justice sought to clarify in published memos what kind of activities federal agents will and will not prosecute. Generally, it considers appropriate for prosecution any sale of marijuana to minors, trafficking by criminal enterprises, sales of marijuana across state lines and a handful of other activities. Prosecution of individual use that is consistent with laws permitting such use for medical purposes is not appropriate. But federal agents’ exercise of discretion not to prosecute an activity does not make that activity legal. A 2005 U.S. Supreme Court decision affirmed that marijuana activities that are lawful under state laws nevertheless violate the federal CSA. Federal money-laundering laws separate from the CSA make it a crime to channel funds derived from drug trafficking into the banking system. The law makes it mandatory for banks to monitor banking transactions continually, even if the activity — such as distributing marijuana

for medicinal purposes — is legal under state law. Federal regulators do not prohibit banks from serving marijuana businesses. But even if a bank goes to the trouble of ensuring that a customer does not engage in any of the DOJ’s list of prohibited activities, it is still required to file detailed suspicious activities reports on the account for as long as it remains open. Most banks choose to avoid these burdens and risks.

Additional Considerations A bank offering credit to a marijuana business faces the additional risk that any property taken as security is subject to seizure under asset forfeiture laws. This means that the bank may lose its security for the loan whenever enforcement authorities believe the property is involved in certain criminal activities. Banks further disallow commercial property owners from leasing space to marijuana businesses because if the property is seized the tenant stops paying rent, continued on page 33

Leland Chan is general counsel for the California Bankers Association and can be reached at lchan@calbankers.com.

www.westerncity.com

Western City, August 2015

League of California Cities

annual Conference San José Convention Center, Sept. 30–Oct. 2 by Katie Sacco

Join city officials from over 400 cities throughout the state at the League’s largest conference of the year, the League of California Cities 2015 Annual Conference & Expo. Meet with approximately 2,000 elected officials and staff, and choose from more than 50 break-out sessions and CityTalks designed to educate and inform. Look for sessions of special interest to city attorneys, fire chiefs and human resources staff seeking a more personalized professional development experience.

Katie Sacco is conference coordinator for the League and can be reached at ksacco@cacities.org.

League of California Cities

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2015

& Expo Preview Last year at the annual conference the League introduced its mobile app, which was designed to help you maximize your time at the conference. The app allows you to view the schedule of events, import your selected sessions into your calendar, access session materials and speaker bios, find exhibitor information and more. To access the app on your device, search in the app store for “League of California Cities” or “CACities.”

at the registration desk for information on these sessions, which include AB 1234 Ethics Training, break-out sessions and the First-Time Attendee Orientation. Newcomers to the conference may find it somewhat challenging to navigate the numerous learning opportunities available, and the orientation for first-time attendees from 1:00–1:30 p.m. offers a chance to hear how to get the most out of your conference experience.

Wednesday, Sept. 30

The Opening General Session includes the announcement of winners of the Helen Putnam Award for Excellence as well as presentation of the Past Presidents’ Lifetime Achievement Award and the

On Wednesday, several pre-conference sessions are available for those arriving before the Opening General Session. Check in

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League’s Annual Report. Keynote speaker Greg Lucas will explain how local public libraries are serving as incubators of innovation and can be a major catalyst for building a stronger city. Lucas, a former political reporter and now California state librarian, will provide an overview of how community libraries engage citizens, help expand local economies and provide vibrant and energetic urban places that attract entrepreneurs, families and tomorrow’s leaders. continued

Western City, August 2015

League of California Cities 2015 Annual Conference & Expo Preview, continued

Immediately following the keynote session, the evening’s festivities kick off with the grand opening of the Expo Hall and the Host City Reception presented by the City of San José (a registration badge is required to access the event and Expo floor). Later the evening’s events will continue at the CitiPAC Neon Glow Casino Night, hosted by Keenan & Associates.

Thursday, Oct. 1 A full day of educational opportunities is planned for Thursday, starting with the Expo, which opens at 9:00 a.m. The Expo features over 250 companies showcasing a wide range of products and services designed to help communities by improving local services and the quality of life for residents. At the morning General Session Keynote Address, workplace demographics expert Cam Marston will speak about

“A Workplace in Transition.” When Generation X entered the workplace, managers were perplexed by this group’s behavior. Now Gen Xers are managers struggling to accommodate and retain the Millennial generation, and many Baby Boomers are still working. With three generations comprising the workforce, work-related issues can be challenging. During this session, the colleagues of Generation X, Millennials and Boomers will learn tips for collaborating with each other. Thursday afternoon’s educational sessions examine topics including water and wastewater, public safety, energy efficiency and sustainability. The evening offers many networking opportunities at various receptions held by the League’s diversity caucuses, League Partners and League Divisions. Check with your regional public affairs manager for division event times, dates and applicable costs.

Friday, Oct. 2 The final day of the conference offers attendees professional development opportunities with over a dozen break-out sessions before the closing luncheon and General Assembly. During the General Assembly, the 2015–16 League board of directors will be sworn into office, and city delegates will vote on policy resolutions to be implemented in the coming year. Each city should designate at least one voting delegate to represent its position at the conference on issues under consideration at this meeting. Voting delegates must be registered for the conference to participate in the General Assembly. Watch for updates on the sessions and speakers at www.cacities.org/AC. We look forward to seeing you in September! ■

BUILDS PEOPLE BUILDS PROJECTS BUILDS CALIFORNIA

The Laborers’ International Union of North America (LiUNA) partners with public and private entities, elected officials, community groups, and responsible contractors to build and maintain the infrastructure needs of communities throughout California while providing residents a career in the construction industry. www.LiUNAbuildsCA.org

League of California Cities

www.cacities.org

Annual Conference Preview

Expo Exhibitors League Partners appear in blue.

California Building Officials California Clean Power California Consulting LLC California Council on Problem Gambling California Department of Business Oversight

AAA Flag & Banner

Bar-Z

A-G Sod Farms

Best Best & Krieger LLP

ANP Lighting

Best Friends Animal Society

Accela 2

Blais & Associates

Access Products

Bob Murray & Associates

AIRCON ENERGY

Borrego Solar Systems Inc.

Alliance Resource Consulting LLC

Build America Beautiful

Ameresco

Burke, Williams & Sorensen LLP 1, 2

American Fidelity Assurance Company

CAD Masters Inc.

American Massage Therapy Association

CDW-G

Ameron Pole Products

CSCDA

Arborjet

CSG Consultants Inc.

Asphalt Zipper

CalBev2

Atkins

CalPERS

Avery Associates2

CalRecycle

California Department of Food and Agriculture 1, 2

California Department of Water Resources California Department of Housing & Community Development California Department of General Services/ Statewide Travel California Fuel Cell Partnership California Joint Powers Insurance Authority California Product Stewardship Council California Shopping Cart Retrieval Corp. California Special Districts Alliance California Specialized Training Institute California State Board of Equalization California YMCA Youth & Government Canon USA Inc.

continued

1 â&#x20AC;&#x201D; Institute for Local Government Partner; 2 â&#x20AC;&#x201D; CitiPAC supporter. List current as of July 10, 2015. Visit us at www.cacities.org/2015expo.

City officials visit the Expo; right conference attendees network between sessions.

below

Expo Exhibitors, continued

Capitol Energy Systems

Community Champions

Easi File

Careers In Government

Contour Sierra Aebi

Emerald Data Solution Inc.

Carpenter/Robbins Commercial Real Estate Inc.

Contractor Compliance and Monitoring Inc.

enCode Plus

Carts & Parts

Credit Bureau Associates

Energy From Shale

Crown Castle International Inc.

Charles Abbott Associates2

Energy Upgrade California

DEACERO

Environmental Systems Research Institute

DN Tanks

FacilityDude

Dapeer, Rosenblit & Litvak LLP

Fieldman, Rolapp & Associates Inc.

Dart Container2

First Investors Corporation

City Ventures

Davey Resource Group, a Division of the Davey Tree

FirstSouthwest

CityGovApp Inc.

David Taussig & Associates Inc.

CitySourced

Dekra-Lite

Forbo Flooring Systems

CleanStreet

Desert Steel

Climatec BTG2

Digital Ally Inc.

Club Car LLC

Dudek

Colas Solutions Inc.

Dynatest Consulting Inc.

Colonial Life

eCivis

Columbia ParCar Corp.

EZ Street Company

Comcate Inc.

Earth Systems

Chelsea Investment Corporation Churchwell White LLP Cigna Citrus Pest & Disease Prevention Program

Fitch & Associates LLC FORTEL TRAFFIC INC. FUELMASTER/SYN-TECH SYSTEMS INC. General Coatings Manufacturing Corp. George Hills Company Inc. GeoStabilization International Golden Bear Insurance Company Good Energy LP

1 — Institute for Local Government Partner; 2 — CitiPAC supporter. List current as of July 10, 2015. Visit us at www.cacities.org/2015expo.

Revenue • Insight • Efficiency Sales, Transactions and Use Tax •Analysis •Audit •Management Support •Revenue Forecasting •Software System

Economic Development •Community Profiles •Trade Area and Void Analysis •Site Selection Assistance •Financial Analysis & Revenue Projections •Economic Development Action Plans •Reuse and Redevelopment Studies

Software Solutions •Business License Tax •Building Permits •Animal License •Code Enforcement •Transient Occupancy Tax

Property Tax

Business License Tax • Audit • Discovery • Ordinance Review • Software System • Tax Studies • Operations Management & Support

Transient Occupancy Tax • Audit • Discovery • Ordinance Review • Software System • Tax Studies • Operations Management & Support

Visit us at Booth 716 at the League Conference. 888.861.0220 • info@hdlcompanies.com • www.hdlcompanies.com

League of California Cities

By HdL Coren & Cone

•Analysis and Reporting •Revenue Forecasting •Bond Services •Continuing Disclosure •Audit •Software System •Special Assessment Administration

HdL COMPANIES

www.cacities.org

GovInvest

League staff stand by to answer questions. left to right Expo Manager Rebecca Inman, Meeting Manager Helen Marshall and Director of Education & Conferences Lorraine Okabe. below City officials line up to enter the Expo.

Grainger Graphic Solutions Green Charge Networks Griffin Structures Inc. HdL Companies HEAL Cities Campaign HR Green Inc. Herman Miller Honor Life Recognition IBANK ITEM Ltd. International Institute of Municipal Clerks International Municipal Signal Association Far West International TreeScapes LLC Jamboree Housing Corporation JD Franz Research Inc. Jefferies LLC Jere Melo Foundation Johnson Controls Jones & Mayer Junar Inc. Kaiser Permanente Kasdan LippSmith Weber Turner LLP Keenan & Associates2 Keyser Marston Associates Inc. Kosmont Companies, Auction.com & Lee & Assoc. LCPtracker Inc. LPA Inc.

We Specialize In Local Government Real Estate Representation Carpenter/Robbins invites you to stop by our booth at the 2015 League of California Cities Annual Conference and Expo Booth #1241

● Acquisitions

Laserfiche

● Dispositions

Learn4Life Library Systems & Services

● Parking Solutions

Liebert Cassidy Whitmore1

● Project Management

Local Search Association M-Group

● Bid Process Management

Matrix Consulting Group Mattress Recycling Council

“Unique Solutions To Complex Real Estate Issues”

Meyers Nave1, 2 Mohawk Group Floor Coverings and Solutions Multi-Bank Securities Inc.

Tom Hixson/Alyce Rados

MuniServices

thixson@crcre.com arados@crcre.com

MuniTemps NBS

925-866-1300

NV5 National ADA Accrediting and Consulting Neighborly Neptune Technology Group Inc.

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continued

CalBRE License 01280981

www.crcre.com Western City, August 2015

Expo Exhibitors, continued

Newport Pacific Capital Family of Companies

Precision Civil Engineering

SSA Landscape Architects Inc.

NexLevel Information Technology

Precision Concrete Cutting

SVA Architects Inc.

Next 10

Presidio Graduate School

SWARCO Traffic Americas

Nexus eWater Inc.

Public Agency Risk Sharing Authority of California

Safeguard Properties

Public Financial Management Group

San Diego Regional Training Center

Northern California Carpenters Regional Council Omni-Means Ltd.

Public Restroom Company

One Source Health & Wealth Management

Quad Knopf 2

OpenGov.com

RJM Design Group Inc.

OpTerra Energy Services

RKA Consulting Group

Otto Environmental Systems North America Inc.

RSG Inc.

Outpak Washout

Radarsign LLC

PARS

Ralph Andersen and Associates

PERC Water

Redtail Telematics Corp

Pacific Gas & Electric

Regional Government Services Authority

Pacific McGeorge Hearing Officer Services and Focus Group

Renewable Funding

Pennino Management Group

Renovate America

Piper Jaffray PowerFlare - PF Distribution Center Inc.

Renne Sloan Holtzman Sakai LLP1, 2 Republic Services Retail Strategies LLC

San Bernardino Associated Governments Save Pensions Inc. Schaefer Systems International Inc. Schneider Electric1 Security Lines US SeeClickFix Sensus Servpro Siemens 2 SIGMAnet Inc. Silver & Wright LLP SmartCitiesPrevail.org Smartcover by Hadronex Sol Powered By Carmanah Southern California Library Cooperative

1 — Institute for Local Government Partner; 2 — CitiPAC supporter. List current as of July 10, 2015. Visit us at www.cacities.org/2015expo.

Visit us at booth #735 at the League’s Annual Expo!

PLAN CHECK BUILDING INSPECTION PROGRAM MANAGEMENT ALTERNATIVE SERVICE DELIVERY SHARED SERVICES CONSULTING COMMUNITY REDEVELOPMENT

1100 Town & Country Road, Suite 1025 | Orange, CA 92868 Toll Free 855.900.4742 | Learn more at HRGreen.com

League of California Cities

www.cacities.org

SouthTech Systems

USA Fleet Solutions

VenTek International

Spin Secure

USA Properties Fund

Verde Design Inc.

Spohn Ranch Skateparks

U.S. Communities

Websoft Developers

Sportsplex USA

Union Pacific Railroad

Wells Fargo

State of your City Presentations

Utility Service Company Inc.

West Coast Arborists Inc.

State Water Resources Control Board

VESTRA Resources Inc.

Western Emulsions Inc.

Stealth Concealment Solutions

VOYA Financial

Sturgis powered by PayPal

Vali Cooper & Associates Inc.

SunGard Public Sector

Vanir Construction Management Inc.

Whelen Engineering Company Inc. Willdan2

World Centric â&#x2013;

Superior Graffiti Solutions SyTech Solutions TBWB Strategies TIAA-CREF TNT Fireworks Tanko Lighting Inc. TerraVerde Renewable Partners The Gordian Group The Retail Coach TractionSeal Transtech Engineers Inc. Tribal Alliance of Sovereign Indian Nations Turbo Data Systems US Auctions

On the Expo floor, conference attendees can find CityTalks as well as hundreds of exhibits showcasing products and services for cities.

Piper Jaffray is Committed to California Municipal Finance For more information, contact the following representatives from our California public finance team: Mark Adler Managing Director 310 297-6010 mark.j.adler@pjc.com

Katie Koster Managing Director 949 494-6110 katherine.a.koster@pjc.com

Dennis McGuire Managing Director 916 361-6520 dennis.j.mcguire@pjc.com

Russell Reyes Managing Director 310 297-6014 russell.c.reyes@pjc.com

Victor Ume-Ukeje Managing Director 415 616-1662 victor.e.ume-ukeje@pjc.com

Piper Jaffray California Office Locations Los Angeles area Orange County

Sacramento San Francisco

Since 1895. Member SIPC and NYSE. ÂŠ 2015 Piper Jaffray & Co. 7/15 CM-15-0453

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Western City, August 2015

Outstanding Local Streets and Roads Project Awards Highlight

Best Pra Forward-thinking cities and counties have made extraordinary efforts to preserve and improve the existing local transportation system. Through exemplary efforts, cities and counties are improving system efficiency and safety for all users including motor vehicle drivers, bicyclists and pedestrians; reducing greenhouse gas emissions; and helping counties, cities, regional agencies and the state meet California’s greenhouse gas reduction goals. A safe, well-maintained and environmentally friendly local transportation system significantly saves cities, counties — and taxpayers — money.

League of California Cities

The Outstanding Local Streets and Roads Project Awards program recognizes exceptional achievements made by California’s cities and counties to preserve and protect the public’s investment in the local street and road system. The League, the California State Association of Counties and the County Engineers Association of California (CEAC) sponsor the awards program. Launched in 2014, the awards program recognizes cities’ and counties’ use of projects, programs, practices, materials and innovative technologies to achieve safety, preservation

www.cacities.org

ctices and sustainability goals for the local street and road systems. This article presents the 2015 winners, who received their awards at the League’s Public Works Officers’ Institute and CEAC Spring Conference. These projects provide examples of best practices and can be replicated by other jurisdictions. The four winners, one city and three counties, made extraordinary efforts to preserve and improve the overall quality of the local streets and roads system. Full descriptions of the winning projects and finalists can be found at www.cacities. org/2015LSRAwards.

Bonnie Teaford, public works director for the City of Burbank and president of the League’s Public Works Department, commends the extraordinary work exemplified by these projects. “The awardwinning projects and finalists showcase what can be accomplished with best practices,” says Teaford. “These counties and cities have implemented a wide range of innovations in our local transportation system that serve as the backbone for strong communities and a strong statewide economy. We celebrate them.” She also cautions that California’s local road system is in dire need of investment: “California’s local streets and roads,

The Hollister Avenue project in Santa Barbara County uses pavement recycling, a more environmentally friendly method that saves money, reduces greenhouse gas emissions and conserves resources.

however, are on the brink. The current funding supporting the roadways that make up 80 percent of the state’s transportation system is insufficient. Without new funding, the roads will crumble beneath our feet and wheels, putting our people, visitors and the economy at risk.” “This year’s award winners show how local governments can design and deliver innovative, cost-effective projects while still being good environmental stewards and meeting the transportation needs of our communities,” says Mike Penrose, president of CEAC and Sacramento County director of transportation. continued

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Western City, August 2015

Outstanding Local Streets and Roads Project Awards Highlight Best Practices, continued

According to Penrose, recognizing innovation is especially important given the projected shortfall in funding for local roads and bridges in California. “The total funding need over the next 10 years is $108 billion, but the current funding mechanisms from state and federal sources still leave a shortfall of $78.3 billion in that time frame,” he says. For more information visit www.Save CaliforniaStreets.org.

City of Coronado Pomona Avenue Roundabout Project The City of Coronado built the Pomona Avenue Roundabout project to transform a wide, four-legged intersection with nontraditional geometry into a safe, efficient intersection for all users. Prior to the project’s construction, the intersection of Pomona Avenue, Seventh Street and Adella Avenue was a partially controlled intersection with a unique geometry that often led to driver confusion and safety concerns. Access points to eight residential properties fronting Pomona Avenue within the intersection complicated the intersection’s operation. Pomona Avenue accommodates approximately 10,000 vehicles daily, with additional traffic through the intersection from side streets. Mathewson Park, a community park that generates pedestrian activity and is regularly used for recreation, is also adjacent to the intersection. A roundabout solved the problems associated with an unusual intersection in Coronado. below Los Angeles County used an environmentally friendly approach to reconstruct six miles of residential roads. above

Understanding that intersection configuration changes would impact residents, the city conducted a series of public workshops during the design phase to ensure the community would support the final design. A temporary roundabout was installed using rubber curbs to evaluate design characteristics, further educate residents and provide design engineers and residents an opportunity to suggest improvements to the final design. The final roundabout design avoided the environmental impacts associated with stop signs and traffic signals and included a fully landscaped, droughttolerant center island. Curb pop-outs adjacent to pedestrian crossings provide additional landscaping opportunities and

League of California Cities

www.cacities.org

stormwater runoff treatment features and shorten crossing distances for pedestrians. The project addressed the issue of access points for nearby residential properties by constructing a unique access road adjacent to the roundabout. To further improve safety for both bicyclists and pedestrians, the project includes raised crosswalks with solar-powered rectangular rapid-flashing beacons and exit opportunities for cyclists to leave the roadway prior to the roundabout via driveways and bike ramps. The landscaping design shields adjacent properties from headlight glare, and vehicular paths of travel were moved farther away from residential properties to reduce noise impacts. Recycling the roadway base material reduced construction waste, costs and the traffic impacts related to transporting material. Construction was completed during the summer of 2014, and the city continues to monitor vehicle speeds, traffic counts, and accident records to ensure the traffic calming and safety goals were realized and maintained. The series of public workshops and temporary installations successfully engaged the neighborhood during the design phase of the project to ensure the outcome would be supported and enjoyed. The project provides a model design process other cities can replicate in their neighborhood traffic-calming improvement programs. Contact: Jim Newton, principal engineer, City of Coronado; phone: (619) 522-7313; email: jnewton@coronado.ca.us.

County unincorporated community of Willowbrook near the City of Compton, was completed in November 2014 and incorporated the second and third of these green strategies. Due to widespread distresses, road base failure and yielding subgrade, reconstructing the roads was considered the best solution for the neighborhood. This project reconstructed approximately six miles of residential roadways (983,000 square feet) by paving 1½ inches of asphalt rubber hot mix on 3 inches of cold central plant recycled asphalt concrete pavement over 8 to 10 inches of cement stabilized pulverized base. The contract cost for the project was $4.5 million. Compared with traditional reconstruction methods, Willowbrook’s pavement treatments saved approximately $2.2 million, which enabled Los Angeles County to invest in improving other

county roads. The project also had significant environmental benefits, including: • Shorter construction durations with fewer community impacts; • A 68 percent reduction in energy consumption; • A 57 percent reduction in greenhouse gas emissions; • The reduction of landfill deposition by 32,000 cubic yards; and • The diversion of 18,300 scrap tires from landfills. The Willowbrook project improved the overall quality of the local streets and road system in a cost-effective and environmentally friendly way. Los Angeles County is committed to implementing sustainable projects like Willowbrook that continued

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Proudly assisting California Cities with all of their Labor & Employment law matters and providing a variety of Preventative Education resources.

OVERALL WINNER

Los Angeles County Willowbrook Community Road Improvement Project Los Angeles County Department of Public Works has been implementing sustainable pavement treatments for the past few years with positive results. The county’s sustainable approach emphasizes first taking care of roads that are in good condition, using recycled materials in the treatment selections and reusing existing materials in place. The Willowbrook project, located in the Los Angeles

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Learn more at www.lcwlegal.com Western City, August 2015

Outstanding Local Streets and Roads Project Awards Highlight Best Practices, continued

help address existing funding shortfalls and meet the state’s objective of reducing greenhouse gas emissions. Contact: Clarence Su, associate civil engineer, Los Angeles County Department of Public Works; phone: (626) 458-7927; email: csu@dpw.lacounty.gov.

Santa Barbara County Hollister Avenue Cold In-Place Pavement Recycle Project Santa Barbara County launched this pilot project to perform road maintenance with more environmentally friendly construction methods. The asphalt recycle project included removing and replacing the upper 3 inches of asphalt on Hollister Avenue in Santa Barbara. The Public Works Construction Section contracted with an engineering consulting firm to ensure top-quality workmanship on this project. Cold in-place recycling consists of preparing the construction area, milling or grinding the existing pavement, adding recycling agent and binding oil, placing the recycled asphalt in a windrow, compacting the asphalt and placing the surface course. This project replaced four lanes on Hollister Avenue, with two in each direction that were repaired along a distance

of 1.2 miles, with a total land distance of 4.8 miles. Reusing gravel from the existing road alleviated the need to truck gravel to the site from 40 miles away. The gravel in the road was evaluated by collecting and analyzing samples to verify its durability for reuse.

Contact: Bill Tracy, project manager, Santa Barbara County Department of Public Works; phone: (805) 681-5694; email: tracy@cosbpw.net.

Placing and compacting the asphalt as much as reasonably possible produces the most durable asphalt. The project used nuclear gauge testing to determine the asphalt’s density after six-ton rollers compacted it.

Grant Avenue Pathway and Drainage Improvements Project, San Lorenzo

This particular type of cold in-place recycling requires low humidity and higher temperatures for proper curing. The work was staged along the project route to ensure access to local schools during the hours when children were dropped off and picked up. The roadway intersections needed to reopen as soon as possible once the work was completed. To expedite the process, a thin layer of oil and sand was placed on the drying asphalt to accelerate curing time and serve as a buffer under the wheels of vehicles traveling on the road. Recycling and reusing the existing pavement layer eliminates the need to purchase and transport fresh aggregate, which saves money, helps reduce greenhouse gas emissions and conserves resources.

We’re not just another pea in the pod.

• Installing a 2-foot-wide gravel running path; • Constructing Class II bicycle lanes;

• Supplier commitments to pricing, economy, sales and corporate support • Solicitation, evaluation and award process led by an independent lead public agency • Dedicated field Program Managers focused exclusively on public agency support

League of California Cities

The existing roadway was primarily a two-lane roadway with a significant elevation difference from the adjacent dirt pathway. This crowning of the roadway caused storm runoff and created problems for all users. During rainstorms, muddy pathways forced children walking to and from the three schools on or near Grant Avenue into the street. Water collecting in uneven pavement near the bus stops created big splash zones when buses passed by and large mud divots when buses pulled into a bus stop. Public transit riders had to navigate this ponding water and deep mud simply to board a bus. • Constructing a paved 8-foot-wide multimodal pathway;

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The Grant Avenue Pathway and Drainage Improvements Project addressed problems on Grant Avenue between Via Seco and the Union Pacific Railroad. Grant Avenue serves as a major east-west arterial route in the San Lorenzo community and serves three nearby schools as well as an industrial area (with associated truck traffic) at one end of the street.

This project included:

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Alameda County Public Works Agency

Founding Sponsor of U.S. Communities

• Rehabilitating the pavement on Grant Avenue; • Installing bay-friendly certified landscaping and native plants; and • Improving storm drains and installing vegetated swales and rain garden drainage facilities. continued on page 35

www.cacities.org

A difference in elevation between the roadway and the path on Grant Avenue caused ponding water and deep mud during rainstorms and created hazards for transit riders and schoolchildren. right Alameda County Public Works Agency used vegetated swales to capture rainwater runoff and resolve flooding issues. The project also added bicycle lanes, left.

2015 ICC Annual Conference and Group A Public Comment Hearings September 27 – October 7 Long Beach, California

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September 27 – 28

the Nation’s Leading Building Safety Conference

Join us for the International Code Council 2015 Annual Conference, Code Hearings & Expo Sept. 27 – Oct. 7, in Long Beach, Calif. This event offers more than 20 educational sessions to earn CEUs and LUs, certification testing, building tours, networking and more!

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7/8/2015 2:37:08 PM

Western City, August 2015

Display Advertising

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

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

magazine, it will be posted at no additional charge on our website.

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FROM MAINTENANCE WORKER TO CITY MANAGER

City Manager The City of Watsonville, population 52,508, is searching for qualified candidates to serve as the City Manager of this beautiful central coast community. Competitive salary DOQ; the prior incumbent’s salary was $201,762. Top contenders will have strong leadership characteristics and a track record of success in financial management and economic development. Handson experience as a city manager or as an assistant city manager in a community similar to Watsonville is required. Experience in a culturally diverse community such as Watsonville is desirable. The City provides an excellent benefits package, including CalPERS (2% @ 60 for Classic Members; 2% @ 62 for New Members). Candidates are encouraged to apply by Friday, September 4, 2015. Electronic submittals are strongly preferred. Email compelling cover letter, comprehensive resume, salary history, and five professional references to apply@ralphandersen.com. Confidential inquiries welcomed to Jim Armstrong, Ralph Andersen & Associates at (916) 630-4900. Detailed brochure available at www.ralphandersen.com. Ralph Andersen & Associates

League of California Cities

We Fill All Positions in Municipal Government!

Call Us Toll Free 1-866-406-MUNI (6864) www.munitemps.com Executive Director Housing Authority of the City of Madera, CA The Housing Authority of the City of Madera was organized in December 1968 under the provision of the Housing Authority Law of the State of California, as the sixty-ninth Housing Authority. The Madera City Council, a seven-member board, governs the Housing Authority serving as its’ Board of Commissioners. The agency provides for three management positions, in addition to the Executive Director. The Authority is currently seeking an Executive Director with strong leadership skills. The ideal candidate should have a record of successful results in relationships with both public and private sector partners. The candidate must have the ability to work well with the Board of Commissioners and staff. The ideal candidate should possess a history of success in managing day-to-day business activities, the ability to administer successful public housing programs, significant financial and budgetary experience, as well as the ability to plan, organize and lead a team with tremendous clarity, enthusiasm and resilience. A typical way of obtaining the required qualifications is to possess the equivalent of five years of increasingly responsible management or administrative experience in a public or private agency, including the responsibility for development and implementation of programs, budgets and administrative operations, and a Bachelor’s degree in public administration, business administration, property management or a related field. Additional qualifying experience may be substituted for the required education on a year-for-year basis. The salary range for the incoming Executive Director is $95,880-$112,364 and is dependent upon qualifications and experience. The Housing Authority also offers an attractive benefits package. Apply online at www.bobmurrayassoc.com. Contact Joel Bryden at (916) 784-9080 with questions. Closing date: August 14, 2015

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

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CITY OF CARLSBAD The City of Carlsbad, CA, known as “The Village by the Sea” is a scenic coastal community of over 110,000 residents located 35 miles north of the City of San Diego and 25 miles south of Orange County. Carlsbad offers the charm of a European town with the conveniences of a large city. The new City Manager will have an excellent opportunity to work in a community with a stable and supportive City Council, an excellent tax base and a collegial team-oriented atmosphere. Development of a strong and effective working relationship CITY with the City Council will be a key priority MANAGER in this role. In providing progressive William Avery & Associates leadership to city staff, the CM is expected Management Consultants to operate with a participative and engaged management style that 31/2 N. Santa Cruz Ave., Suite A inspires collaboration, participation, empowerment and mentorship Los Gatos, CA 95030 within the city operation. 408.399.4424 Fax: 408.399.4423 email: jobs@averyassoc.net www.averyassoc.net

The selected candidate will have a strong budget and financial background and expertise as a broad based generalist. Previous experience in California and working in a coastal community is highly desirable for this position. Experience as a City Manager, Assistant or Deputy City Manager or as an Executive Director or department head of a complex public sector organization is required. A BS/BA in a related field is essential and a Master’s degree is ideal. A formal job announcement, including benefit information and closing date is available at www.averyassoc.net.

Building Official

City of Fremont, CA

ocated in the heart of the Bay Area and Silicon Valley, the City of Fremont (pop. 226,551) is a general law municipality known as an innovative, high-tech city with a vibrant economy. Praised as one of the best-run cities, Fremont residents enjoy a high quality of life, from a nationally recognized public school system to low crime rate to beautiful parks and cultural opportunities. The Building Official will lead the Building Division overseeing 23 full-time employees within the Community Development Department. The enterprising candidate selected for this position has the unique opportunity to help shape Fremont’s future working on several transformative development projects. The ideal candidate will have an impressive background working on multi-disciplinary teams navigating complex and large projects to completion. Exceptional interpersonal and communication skills and a willingness to embrace stakeholder involvement are necessary to succeed in this role. This skillful manager must also be committed to staff development. A Bachelor’s degree and five years of increasingly responsible relevant experience are required. Salary range is $128,030 to $163.077, supplemented by an attractive benefits package. Closing date: Sunday, August 16, 2015. Detailed information available at www.tbcrecruiting.com.

Photo/art credits Cover: Courtesy of Team San José

Pages 14–15: Courtesy of Team San José

Page 3: Antonio Guillem/Shutterstock.com Pages 4 & 5: Ditty_about_summer/Shutterstock.com

Pages 17–21: Jeremy Sykes, courtesy of League of California Cities

Page 6: Courtesy of League of California Cities and City of Rancho Cucamonga

Pages 22–23: Courtesy of Santa Barbara County and League of California Cities

Pages 7 & 8: Kondrytskyi/Shutterstock.com

Page 24: Courtesy of City of Coronado, Los Angeles County and League of California Cities

Pages 10–11: Door photo, Rtimages/Shutterstock.com; keys, Photo Melon/Shutterstock.com Page 13: Archigraf/Shutterstock.com

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Stockton is a renewed city! Having recently emerged from bankruptcy, Stockton is well prepared for the future. With its financial house in order, Stockton has been through the most significant period in its history. The City (population 300,000/ 1,300 employees) is hiring several key positions and is looking for dynamic, professional leaders. Please visit our website at www.stocktongov.com or call Human Resources at (209) 9378233 for more information on the following positions: • Deputy Municipal Utilities Department Director/ Wastewater • Municipal Utilities Department Finance Officer • Chief Plant Operator – Water • Chief Financial Officer • Deputy Community Development Director/Planning & Engineering • Director of Human Resources • Fire Chief (see www.averyassoc.net)

Julie Yuan-Miu • 925.820.8436 Teri Black • 424.296.3111

Page 9: Courtesy of the Institute for Local Government

City of Stockton Job Opportunities

Join the Stockton team. The path is paved for a bright future and we’re looking for innovative leaders to be a part of the journey. Stockton offers an excellent quality of life for its residents with very affordable housing costs and great recreational opportunities. Make a difference!

Page 27: Courtesy of Alameda County Public Works Agency and League of California Cities Page 30: Marko Poplasen/Shutterstock.com Page 32: Karamysh/Shutterstock.com

Western City, August 2015

Home Sharing in the New Economy, continued from page 12

Short-term rentals present a potential source of revenue for cities. J

Engineering Positions, City of Healdsburg, CA The City of Healdsburg, pop. 12,000, is located in the heart of Sonoma County wine country and nestled among three lush valleys. The City is seeking a Principal Civil Engineer and an Associate Engineer. Principal Civil Engineer – The ideal candidate must exhibit excellent communication and customer service skills and demonstrate the ability to work well in a team-oriented environment. The selected candidate should have CIP experience, possession of a valid certificate of registration as a Professional Civil Engineer in the State of California or the ability to obtain one within twelve (12) months along with a Bachelor’s degree in Civil Engineering or a closely related field and 7 years responsible experience in water, sanitary sewer, and wastewater treatment utility planning, management, administration, coordination, and operation, including supervisory experience, to demonstrate possession of the knowledge and abilities listed above and with a minimum of two years in a supervisory or administrative capacity. The salary range is $9,171-$11,148 monthly. Associate Engineer – The ideal candidate will participate in the preparation of plans and specifications for repair, maintenance, and construction of water, sewer, streets, and drainage. Individuals with design and construction experience are encouraged to apply. The incoming Associate Engineer will be responsible for making field inspections of projects under construction, including buildings, utility drainage, and street infrastructure in order to ensure proper execution of critical structural phases as designed. Candidates should possess five years of solid experience in a municipal public works setting or as a professional engineer working with public agencies. A Bachelor’s Degree in Civil Engineering and a valid Registration as a Professional Civil Engineer in the State of California is highly desirable, but not required. The salary range is $6,785-$8,279 monthly. The City also offers an attractive benefits package. Interested candidates may apply online at www.bobmurrayassoc.com. Contact Valerie Phillips at (916) 784-9080 with questions. Brochure available. Both positions close August 14, 2015.

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

CITY MANAGER

CITY OF BANNING, CALIFORNIA Annual Salary Range $185,000 – $235,000 DOQ with excellent benefits The City Banning, located in Riverside County, population 30,490, is seeking a strong leader with excellent communication and interpersonal skills. This is a career opportunity for someone who has the ability to implement the goals established by the City Council and successfully guiding a small to medium size public, private or military organization. A typical candidate will have a Bachelor’s degree in Public or Business Administration or equivalent. A Master’s degree is desirable. Candidates should have experience as City Manager, Assistant or Deputy City Manager, or a department head. Experience in Public Utilities and Economic Development is a plus. Closing date is OPEN UNTIL FILLED. Apply online at www.ci.banning.ca.us. A completed job application and supplemental questionnaire is required. Contact (951) 922-3147 should you have any questions.

League of California Cities

Cities that employ this type of ordinance will not only be able to take enforcement action against problem rental properties (for example, properties that violate nuisance, noise or special-event permit ordinances), they will also be able to educate and communicate more effectively with hosts. If short-term rentals are permitted in only some areas of the city, the benefits will decrease proportionally. This type of ordinance may work best in a city where there are not significant concerns about housing stock being depleted. Bans. This type of ordinance is the next easiest to enforce because a single violation is enough for city staff to take enforcement action, and once a violating property is found it can be monitored. Although a ban may eliminate some short-term rental use, it may also drive the hosts underground. Some hosts may disguise their properties online, falsify or eliminate the rental paper trail and use middlemen to avoid detection and repercussions. Such deception makes enforcement costly and time consuming, with no tax revenue to offset the cost of enforcement. One option to simplify enforcement is to adopt an ordinance that bans advertising of short-term rentals. There is no right to advertise illegal activity, which opens the door to taking action directly against websites that facilitate such rentals. If passed, SB 593 might provide another tool for enforcing a ban as it would prohibit website platforms from advertising short-term rentals in cities where they are not allowed. Allowed Subject to Conditions. These ordinances are seen as a compromise between local proponents and opponents of short-term rentals. However, the conditions imposed: • Are harder to prove. A city must show not just that a rental occurred, but that the rental violated the conditions. For example, depending on the ordinance, a city may need to prove a violator exceeded the number of rentals allowed in a year for the property or rented out an entire home instead of a room, depending on the conditions in the ordinance;

www.cacities.org

• Make violators harder to detect because renting is allowed. It is much easier to detect rental activity than to determine if specific conditions are being violated; and • May discourage host registration if conditions are too complex or burdensome. The effect conditions will have on registration should therefore be carefully considered. If SB 593 passes in 2016, enforcement of such ordinances may be more feasible because of the information that hosting platforms will be required to provide to cities. For now, enforcement may prove challenging.

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

Enforcement Tools

Legislative subpoenas. All California cities can issue subpoenas to aid investigation and enforcement related to short-term rental ordinances (see “Legislative Subpoena Guide” on page 12). These subpoenas are a powerful tool and can be used to:

Short-term rentals can be easily disguised to look like legitimate long-term rentals. A few tools exist to make enforcement efforts easier. They include education efforts, legislative subpoenas, undercover operations, using advertising against hosts, and TOT collection by the hosting platform.

• Obtain information from hosting platforms; and • Obtain information directly from hosts.

Education. Educating the community about an ordinance should be a primary focus. Hosting platforms may be open to assisting such efforts.

While effective at gathering information from hosts or hosting platforms based in the same county as a city, enforcing a legislative subpoena against more distant hosts or hosting platforms may face stiff continued

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CITY CLERK City of Bellflower, California Salary: DOQ Application Deadline: September 4, 2015

ECONOMIC DEVELOPMENT & HOUSING MANAGER The City of Downey seeks an energetic team player that is interested in participating with the development of Downey. The City’s commercial and retail corridors are undergoing exciting improvements, in addition to the revitalization of its Downtown area. A minimum of five years of increasingly responsible administrative experience which includes two years of direct supervisory experience and a Bachelor’s degree is required. Salary range is from $88,577 to $108,065 with competitive benefits that includes City paid CalPERS medical. Position is Open Until Filled. To Apply: www.downeyca.org

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www.bellflower.org

Fire Chief, City of Tracy, CA With a population of over 80,000 residents, the City of Tracy lies at the intersection of its past and future. The City is seeking a Fire Chief who will oversee 7 stations, 69 professional firefighters, 12 reserve firefighters, two civilian fire inspectors and two administrative support staff and a budget of approximately $16.5 million. The new Fire Chief will be a progressive, experienced and competent leader, with strong operational management and administration skills. A strategic ability to address both “big picture” issues along with effective management of day-to-day operational challenges is essential. Excellent communication and interpersonal skills combined with a high level of integrity and credibility will provide the basis for strong relationships with the City Manager and department head team, community, and staff, along with fostering regional relationships for mutual aid and other combined efforts. The selected candidate will also be a personable and collaborative team player, lead by example, make sound decisions, find creative solutions to issues, achieve results, and foster a positive work environment. The role requires someone with the ability to develop and empower employees and hold people accountable. Political savvy and intergovernmental skills will be the key to success due to the governmental structure and complex annexation issues. The successful candidate will have five or more years of command and administrative experience at the Battalion Chief level or higher, along with a broad knowledge of fire services, emergency management, and expertise in emergency medical services. A Bachelor’s degree with major course work in fire science, public administration, or a closely related field is required. A Master’s and completion of the National Fire Academy Executive Officer program is highly desirable. The salary range for the Fire Chief is $145,561-$176,899 annually, DOQ. The City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Regan Williams at (916) 784-9080 should you have any questions. Brochure available. Closing date August 28, 2015.

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

Western City, August 2015

Home Sharing in the New Economy, continued

The easiest and most cost-effective ordinance to enforce is one that allows short-term rentals.

Police Chief, City of Tracy, CA With a population of over 80,000 residents, the City of Tracy lies at the intersection of its past and future. The City is currently seeking a Police Chief to oversee a full-time staff of 133 people and an operating budget of $24.1 Million. A service-oriented, proactive, innovative, honest and responsive leader will be best suited to serve as Chief of the Tracy Police Department. The new Chief should be approachable with excellent interpersonal skills. At the same time, should elicit the respect and trust of Department staff, City management, the City Council and the community. The selected individual should be a team player who emphasizes community relations, excellence in the quality of law enforcement, professionalism, integrity and timeliness. The new Chief should serve as an example to staff, setting a high standard and encouraging professional growth, development and training. The ideal candidate should also be well versed in various methods of addressing public safety issues and should have the foresight to stay ahead of the curve. The selected Chief should understand the political nature of the Police Chief’s position, but should remain apolitical. The position requires a Bachelor’s degree, or equivalent experience, in police science, administration of justice, sociology, psychology, public administration or a related field and five years of progressively responsible supervisory and management experience in a law enforcement agency, including three years’ experience in an administrative capacity. A Master’s degree is preferred. Candidates must possess, or have the ability to obtain, a valid California class “C” motor vehicle operator license and a valid POST certificate; candidates must also be able to meet POST executive background, psychological, and physical requirements. The salary for the Police Chief is up to $190,000 annually, DOQ. The City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Regan Williams at (916) 784-9080 should you have any questions. Brochure available. Closing date: August 28, 2015

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

resistance. If enacted, SB 593 would also require hosting platforms to produce quarterly reports detailing the addresses, dates of stay and amounts paid for short-term rentals booked on their platforms. This information could aid a city in assessing TOT owed and detecting rentals that violate an ordinance. Undercover operations. These efforts can be an effective tool if a city has a ban or allows short-term rentals subject to conditions. However, a substantial investment of staff time is needed for the investigations. Use advertising against hosts. Without online hosting platforms, short-term rentals would exist only on a small scale. As a result, most hosts advertise on the platforms. Information from hosting platforms should be downloaded, preserved and investigated. TOT collection by the hosting platform. If a city collects TOT from short-term rentals, the city can request or require the hosting platform to collect and remit the tax directly to the city. Thus far, Airbnb has been the only hosting platform willing to collect TOT at the request of a city and does so in San Francisco, San Jose and Malibu.

Consider Local Options Carefully

VENTURA COUNTY - HEALTH CARE AGENCY Beautiful Ventura County offers a stunning 42 miles of coastline and the Los Padres National Forest, which accounts for 46% of the County’s landmass in the northern portion of the County. A mild year-round climate, along with the scenic geography makes the area attractive to the 850,000 culturally and ethnically diverse people who call Ventura County home. The Ventura County Health Care Agency consists of two hospitals as well as Primary Care, Specialty Care, Urgent Care, an Inpatient Psychiatric Unit and 19 Clinics under Federally Qualified Health Centers, Public Health and Behavioral Health departments, and nationally CHIEF recognized Family Medicine Residency Program. William Avery & Associates FINANCIAL The Chief Financial Officer will oversee the Management Consultants administration of the Agency’s fiscal and financial OFFICER operations. Reporting to the Director of Ventura 31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030 County-HCA, this key financial role is responsible for managing all financial 408.399.4424 activities for the Health Care Agency’s budget of approximately $700M, as Fax: 408.399.4423 well as short- and long-range fiscal strategic planning initiatives.

Cities have a variety of options available in crafting an ordinance that best addresses short-term rentals in the community. The right ordinance may differ greatly among cities, depending on the local goals for the regulation. Ordinances that focus on the key impacts of concern and that are easy to understand and straightforward to enforce will have the best success in meeting the community’s needs. For more information about short-term rentals, visit the League’s “Hot Issues” page at www.cacities.org/vacationrentals. ■

email: jobs@averyassoc.net

www.averyassoc.net The successful candidate will possess a combination of education and experience of 10+ years in progressively responsible roles in financial management, including health care finance for a large health care organization with oversight of a $200M+ budget. A BA degree in finance, business administration or related field is required. The salary range is up to $220,649 per year (includes a 5% incentive for a Master’s degree). To be considered, please submit (email preferred) a letter of interest, resume, salary history and contact information including email addresses for five work-related references to Bill Avery by August 21, 2015. A formal job announcement is available at www.averyassoc.net.

League of California Cities

www.cacities.org

Why Banks Don’t Serve Marijuana Businesses, continued from page 13

which is a source of bank loan payments, and the security becomes impaired. Out of an abundance of caution, banks will periodically review rent rolls and might even conduct a physical inspection. But they can only do so much. Property owners will be tempted to grant leases to marijuana businesses to collect premium rents, either unaware that they are violating loan covenants or doing so secretively without the bank’s knowledge. Prop. 215 and subsequent legislation did not seek to regulate or restrict local zoning requirements. Today many California cities bar marijuana businesses outright, while others impose various forms of licensing and other regulations. Occasionally, banks find themselves entangled in local agency abatement actions against marijuana businesses operating either illegally or in violation of permits. In these actions three parties are potentially named: the business, the property owner and the lender holding a lien on the property. While in all likelihood a bank will have no direct dealings with the business itself, that does not stop agencies from naming the bank as an accomplice. A more reasonable course of action would be to call the bank instead. Citing breach of loan covenants, a banker could compel the owner to terminate the lease or take other corrective actions. Working cooperatively would also save the bank, an important partner in any community, from the reputation damage associated with being named in a lawsuit. In the vast majority of cases, the agency and the bank’s interests are aligned. For local agencies that seek to accommodate marijuana businesses under Prop. 215, the reluctance of banks to offer services is bad news for both the businesses and the agencies. With the possible exception of those that enjoy a high reputation for compliance — and thus have a chance at attracting banks willing to take on the legal risks — marijuana businesses operate largely in cash. This makes them magnets for crime. Without banks, they can’t accept payments by credit card, debit card or even checks. This means these businesses have to resort to storing wads of cash in safes

Federal money-laundering laws make it a crime to channel funds derived from drug trafficking into the banking system. J

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CITY OF OXNARD Located on the beautiful Southern California coast, the City of Oxnard is the largest and most populous city in the County of Ventura. Residents enjoy an unsurpassed quality of life enhanced by the clean air of this coastal community, the charm and solitude of the nearby Los Padres National Forest, and the cultural and educational amenities of a vibrant urban setting. The Fire Chief will report directly to the City Manager and will be part of the management team and instrumental in carrying forward the vision of improved organizational effectiveness and best FIRE practices throughout the Fire Department. The ideal CHIEF candidate will be an exceptional leader who has the sense of mission and purpose towards assisting Oxnard in transforming itself into a vibrant and forward thinking city.

William Avery & Associates Management Consultants

31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030 The new Chief will possess a combination of education and experience 408.399.4424 that has provided the knowledge, skills and abilities for a Fire Chief. A Fax: 408.399.4423 typical way of obtaining the required qualifications is to possess the equivalent of eight years of experience in all phases of fire suppression email: jobs@averyassoc.net www.averyassoc.net and prevention including supervisory and managerial activities, and a

Bachelor’s degree from an accredited college or university with major work in fire science, public or business administration, or a closely related. The salary range is $144,419 to $198,576 annually DOQ. To be considered, please submit (email preferred) a letter of interest, resume, salary history and contact information including email addresses for five work-related references to Bill Avery. The filing date has been extended to August 14, 2015. A formal job announcement is available at www.averyassoc.net.

The City of Kerman is seeking a dynamic, respected and skilled administrator. The successful candidate should demonstrate a track record of leading management and implementing municipal strategies that promote growth and create distinction among communities. The ideal candidate will be a:

• Visionary

• Analytical Thinker

• High-Energy Leader

The City of Kerman is a small town of 14,314 situated 17 miles west of Fresno in the heart of the agriculturally rich Central San Joaquin Valley. Kerman is a progressive city with a reputation as a fiscally sound and well-managed city. The current salary range for the City Manager is $110,000 – $147,420; actual placement on scale is dependent upon qualifications, education and experience. Filing deadline Friday, August 21, 2015.

continued www.westerncity.com

Western City, August 2015

Why Banks Don’t Serve Marijuana Businesses, continued

A bank offering credit to a marijuana business faces the additional risk that any property taken as security can be seized under asset forfeiture laws. J

Human Resources Director City of Pasadena, CA

ocated in the foothills of the San Gabriel Mountains northeast of Los Angeles, the City of Pasadena (pop. 140,000) is recognized as one of the nation’s top places to live, work, and enjoy. The City is seeking a local government human resources professional to lead a talented team of 30 staff who collectively support 16 city departments and over 2,000 employees. Pasadena is a full-service, fast-paced, highly diverse community and organization that provides unlimited opportunities for an experienced professional who truly enjoys the HR profession. The ideal candidate will have strength in all core HR service areas, outstanding relationship building skills, a passion for customer service, and the ability to leverage individual talent to achieve results. A strong manager with a track record of setting expectations and developing an accountable workforce is critical. A minimum of five years of relevant government experience, including a minimum of three years in a supervisory, capacity along with a Bachelor’s degree are required. A Master’s degree is strongly preferred. Salary range $149,292 - $186,614. Salary is supplemented by a competitive benefits package. Brochure and application instructions available at www.tbcrecruiting.com. This recruitment will close at midnight on Sunday, August 16, 2015.

Teri Black • 424.296.3111 Julie Yuan-Miu • 925.820.8436

CITY OF BURBANK The City of Burbank is nestled between the Hollywood Hills and the Verdugo Mountains in Los Angeles County. With approximately 104,000 residents, Burbank is a unique community that prides itself on its quality of life, combining 21st century technology with a small town feel. Hailed by Sunset Magazine as “one of Southern California’s most appealing urban centers,” Downtown Burbank has something for everyone.

CHIEF INFORMATION OFFICER (CIO)

The new CIO will report to the City Manager and work closely with the Assistant City Manager. In leading key technology initiatives, this William Avery & Associates position maintains a high level of Management Consultants visibility within city operations and with policy makers. The CIO is 1 3 /2 N. Santa Cruz Ave., Suite A expected to provide fresh ideas and positive approaches in identifying Los Gatos, CA 95030 best practices, enhancing service delivery and with other customer 408.399.4424 focused initiatives. Effective communications, engagement with Fax: 408.399.4423 customers and offering sound technology solutions are vital aspects email: jobs@averyassoc.net of this role. www.averyassoc.net This position requires a minimum of seven or more years professional level experience related to information technology with at least four of those years at an executive or senior management role with overall responsibility for significant budgets, personnel administration and major project management. A BA/BS degree in a related field is required. A formal job announcement, including salary and benefit information, and closing date is available at www.averyassoc.net.

League of California Cities

on-site, carrying around cash in paper bags and handing out thick envelopes on paydays. Marijuana businesses spend large sums on security cameras, guards and armored carrier services. And paying a utility or tax bill — which anyone else can do with a few clicks of a mouse — entails taking a trip across town clutching stacks of pre-counted twenties. Running a cash business also makes maintaining good accounting and other records a major undertaking. Bank-facilitated transactions generate independent records in the form of bank statements and receipts that can be easily audited; cash transactions generate records only at the discretion of the parties involved. The temptation for operators to fudge is ever present, especially when suppliers and related marijuana businesses with whom they do business also find themselves frozen out of the banking system.

Seeking Solutions Legalization of marijuana in Colorado, Oregon, Washington and other states has not opened bank doors to marijuana businesses. California will continue to face the same challenge if the initiative passes next year, and there is very little that the Blue Ribbon Commission on Marijuana Policy can do about it. Last year the House of Representatives, under the leadership of Rep. Ed Perlmutter from Colorado, passed a measure that would bar federal agencies from spending money to penalize financial institutions that work with legal marijuana businesses. The Senate took no action. This is only a stopgap measure as long as marijuana remains a Schedule I drug under the CSA, but it would help. ■

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

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Outstanding Local Streets and Roads Project Awards Highlight Best Practices, continued from page 26

One of the project’s innovative features uses vegetated swales to resolve drainage and roadway flooding issues rather than lining the entire street with more commonly used concrete curbs and gutters. Vegetated swales are broad, shallow channels with a dense stand of vegetation covering the side slopes and bottom. These swales capture stormwater runoff from roadway and pathway surfaces and remove silt and contaminants before the water enters the drainage system or groundwater. The benefits of vegetated swales over conventional stormwater management practices include the reduction of peak flows, removal of pollutants, promotion of runoff infiltration and lower capital improvement and maintenance costs. J

Rain gardens were incorporated into this project to minimize the removal of existing vegetation and provide an environmentally friendly, cost-efficient solution to stormwater pollution by capturing clean rainwater runoff from Grant Avenue and diverting it into the rain garden. Contaminants are filtered as water slowly soaks into the ground. The project uses native plants in the rain gardens because they are best suited for the climate and thrive in both wet and dry areas.

link between the residential areas of San Lorenzo and the San Francisco Bay Trail. Contact: Arthur Carrera, principal civil engineer, Alameda County Public Works Agency; phone: (510) 670-5581; email: artc@acpwa.org. ■

These safe and sustainable community improvements serve the multimodal transportation needs of residents, school children and nearby businesses. The improvements also complete an important pedestrian and bicycle transportation

Public Works Director City of San Rafael, CA

Serving as Marin County’s premier economic, financial, cultural, and service center, San Rafael (pop. 60,000) is a vibrant city in an incomparably beautiful natural setting. Appointed by the City Manager, the Public Works Director will oversee a FY15 budget of $10.5M and staff of 62 in the design, construction, inspection, and maintenance of San Rafael’s existing and planned infrastructure system. Requirements include a Bachelor’s degree in engineering or a related field and six years’ increasingly responsible public works construction/maintenance experience, including two years’ managerial responsibility. PE preferred. Salary up to $167,856 plus 4.59% in management allowance and generous benefits. Filing deadline: Open until filled (first review August 5).

Community Development Director City of Burbank, CA

Known as the “Media Capital of the World,” Burbank’s approximately 105,000 residents cherish the City’s small town charm and quality of life as well as abundance of amenities and wide range of services. Appointed by the City Manager, the Director will oversee a staff of 49 within the four divisions of Administration, Planning & Transportation, Building, and Housing & Economic Development (2014/15 budget of $7.3M). At least six years’ progressively responsible administrative or supervisory management experience in urban planning as well as a Bachelor’s degree in urban planning or a related field is required; Master’s preferred. Salary range up to $198,846; appointment DOQ. Filing deadline: September 4, 2015.

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Resumes acknowledged within two business days. Call Bobbi Peckham at (866) 912-1919 for more information or to request a detailed brochure. The brochure is also available on our web site at www.peckhamandmckenney.com.

Upcoming Recruitments Assistant Director of Water & Sewer Utilities – City of Santa Clara, CA Planning Manager – City of Santa Clara, CA Police Chief – City of Beverly Hills, CA

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Western City, August 2015

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

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