Western City October Issue by Western City Magazine

OC TOBER 2014 |

The Monthly Magazine of the League of California Cities速

速

Amending Local Sex Offender Ordinances p.15 Getting Public Employees Off to a Good Start p.8 Is Your City Prepared for the Next Major Disaster? p.3

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CONTENTS 2 Calendar of League Events 3 President’s Message Is Your City Prepared for the Next Major Disaster?

By Tony Ferrara

California is vulnerable to earth quakes, floods, wildfires, tsunamis, hazardous materials spills, acts of terrorism and many other natural and human-caused disasters. For this reason state law requires all municipalities to have in place a comprehensive, all-hazard emergency plan. Everyone, including the mayor and city council, has a defined role in ensuring that the needs of their communities are met during crises.

7 City Forum

Legislative Briefing Webinar Wraps Up the Session, Sets Stage for 2015

8 Everyday Ethics for Local Officials

Getting Public Employees Off to a Good Start How can we sensitize the public agency workforce to the special obligations of being a public agency staff member? Strategies include discussing practical examples from the media to help demonstrate the importance of ethics and providing a brochure with clear language for new employees.

15 Legal Notes

The Better Part of Valor: Amending Local Sex Offender Ordinances By Michael R. Cobden and Teresa L. Highsmith

By Eva Spiegel

The briefing covers the culmination of the two-year 2013–14 Legislative Session and highlights key bills signed by Gov. Jerry Brown in each of the League’s primary lobbying areas. The League’s legislative team provides insight on key bills and what cities need to know to prepare for the laws’ enactment in January. The briefing will also touch on several initiatives on the November statewide ballot that are of interest to cities.

ew city officials or residents favor F the idea of repealing an ordinance intended to protect children from sexual predators, but many cities with such ordinances are being forced to do just that as a result of legal challenges.

alifornia Cities Helen Putnam C Award for Excellence

Goleta Makes Emergency Preparedness a Priority The Goleta Prepare Now/Goleta Prepárese Hoy program provides education and training to community members so they can assist their families and neighborhoods during a disaster.

Job Opportunities 18 Professional Services 27 Directory

over Photo: Konstantin Sutyagin/ C Shutterstock.com

Experience the U.S. Communities Difference U.S. Communities is the leading cooperative purchasing program for a reason. • Dedicated Public Agency Resources to Identify Solutions and Provide Support • Lowest Price Commitment • Transparency Protecting Public Agency Interests

Saving with U.S. Communities is fast, easy and free! Register Today at:

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President Tony Ferrara Mayor Arroyo Grande

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

Second Vice President Dennis Michael Mayor Rancho Cucamonga

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

November

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

Legislative Briefing, Webinar Learn about the latest legislative developments affecting cities in this interactive program.

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

13– 14

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

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.

Contributors Dan Carrigg Dalea Fong Koreen Kelleher Lorraine Okabe Anna Swanson Patrick Whitnell

December 3– 4

Municipal Finance Institute, Hyatt Regency Monterey This conference provides essential information for city officials and staff involved in fiscal planning for municipalities.

Associate Editors Jim Carnes Carol Malinowski Carolyn Walker

3– 5

Design Taber Creative Group

City Clerks’ New Law and Elections Seminar, Hyatt Regency Monterey The seminar covers laws affecting elections as well as many aspects of the clerk’s responsibilities.

Advertising Design ImagePoint Design For photo credits, see page 19. Western City (ISSN 0279-5337) is published monthly by the League of California Cities, 1400 K St., Sacramento, CA 95814. Subscriptions: $39.00/1 year; $63.00/2 years; student: $26.50; foreign: $52.00; single copies: $4.00, including sales tax. Entered as periodical mail January 30, 1930, at the Post Office, Los Angeles, CA 90013, under the Act of April 13, 1879. Periodical postage paid at Sacramento, Calif.

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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. ©2014 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume XC, No. 10.

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First Vice President Stephany Aguilar Council Member Scotts Valley

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January 2015 14–16

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

15 –16

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

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

28 – 30

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

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

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President’s Message by Tony Ferrara

Is Your City Prepared for the Next

Major Disaster? On Jan.17, 1994, at 4:30 a.m., a magnitude 6.7 earthquake ruptured the Northridge Fault and several other adjacent fault zones. The epicenter lay 20 miles northwest of downtown Los Angeles and a mile south of Northridge. While the movement along the fault line lasted only a few seconds, the shaking generated seismic waves that moved rapidly in all directions from the epicenter. The ground moved for more than 30 seconds, affecting 2,500 square miles. Communities from Orange to Ventura counties felt the quake. According to the California Institute of Technology, the Northridge Earthquake produced the “strongest ground motions ever instrumentally recorded in an urban setting in North America.”

It damaged or destroyed roughly 450,000 dwelling units, along with 9,000 public and commercial buildings. Approximately 114,000 people were left homeless. Red Cross shelters exceeded their capacity. Many residents, concerned about security of their belongings, slept in tents outside their homes or in temporary tent compounds set up by the military.

Is Your City Ready? Imagine that such a disaster is happening in your city. Picture massive power outages, utility infrastructure damaged, thousands of people displaced from their homes and dozens — if not hundreds — of casualties. Are you confident that your city’s personnel can respond effectively?

The Northridge earthquake caused 57 deaths and nearly 12,000 injuries.

Law Requires Cities to Plan for Emergencies and Disasters California is vulnerable to earthquakes, floods, wildfires, tsunamis, hazardous materials spills, acts of terrorism and many other natural and human-caused disasters. For this reason state law requires all municipalities to have in place a comprehensive, all-hazard emergency plan. Each plan must identify procedures for transitioning from normal day-to-day duties to emergency operations. A key element of every city emergency plan is a detailed hazard assessment, tailored to address threats specific to the city’s unique circumstances. continued

This freeway overpass collapsed during the 1994 Northridge earthquake. Napa Earthquake An earthquake with a magnitude of 6.0 struck south of the City of Napa on Aug. 24, 2014, after this issue of Western City went into production. The Napa temblor was the strongest to strike the San Francisco Bay Area in 25 years, according to the U.S. Geological Survey, and caused widespread damage and injuries. The City of Napa declared a state of emergency following the quake. This recent disaster underscores the need for preparedness.

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Western City, October 2014

Is Your City Prepared for the Next Major Disaster?, continued

Roles and Responsibilities In most cities, the city administrator or city manager becomes the director of emergency services (by ordinance) for the municipality during a proclaimed disaster. He or she must oversee the city’s emergency organization and ensure that the emergency plan is implemented to the degree required. Department heads play a key role in ensuring that emergency functions are carried out by their respective staff. Municipal department assignments in an emergency generally coincide with the normal responsibilities of each department. For example, Police and Fire departments would be responsible for safety, security, evacuations, fire suppression and emergency medical care. The Public Works Department would be responsible for repairing infrastructure and restoring utilities, and

the Planning and Building Department would coordinate inspections of damaged buildings to determine if they are safe to occupy. Everyone, including the mayor and city council, has a defined role in ensuring that the needs of their communities are met during crises. If you ask any city manager (off the record) what he or she would like the city council to do in an emergency, they would probably say, “Stay out of our way, and let us do our job.” As harsh as this may seem, it is a legitimate concern. One of the most frequent complaints from city staff is the tendency of elected officials to micromanage the emergency response. City councils have three primary responsibilities during a major disaster. Each responsibility requires training and practical exercises to achieve proficiency.

1. Legal Responsibility. As previously mentioned, the city council may delegate limited powers to a director of emergency services. This individual may proclaim a state of emergency for the purposes of enacting the emergency plan and activating emergency operations. However, state law requires that the city council ratify this decision within seven days and make periodic determinations as to the duration of emergency proclamations every 14 days. Well-developed emergency plans contain scripted templates for emergency proclamations. 2. Emergency Ordinances, Policies and Procedures. City councils are also responsible for issuing or ratifying other critical orders, such as evacuations and curfews. Normal day-to-day policies and procedures may not be appropriate or effective during a major disaster. In such cases, it is the city council’s responsibility to review these policies with a view toward suspending or modifying them as circumstances dictate. 3. Press Conferences and Media Releases. This is perhaps one of the most important areas where training is essential. Past disasters offer examples of city officials (including mayors and council members) who have not been prepared to effectively address the media. As a result, incomplete and often conflicting information is presented at press conferences, causing the media and the public to be critical of the city’s emergency response capability.

The Public Information Officer: A Key Player

While budget limitations are a consideration, training should be provided before a disaster occurs. 4

League of California Cities

One of the most important people in your city’s emergency organization is the public information officer (PIO). Whenever possible, the PIO should be your singular spokesperson. Sometimes the media will want more specific information from a city department head, such as the police chief or fire chief. The media may also want a “message” from the city council. In these instances, the PIO should coordinate and facilitate the press conference to ensure www.cacities.org

Hazardous-materials personnel and hospital staff evacuate patients from Loma Linda University Medical Center after noxious fumes entered the ventilation system on Oct.18, 2012.

State law requires all municipalities to have in place a comprehensive, all-hazard emergency plan.

both general and technical information is put forth in a consistent manner. Problems arise when elected officials initiate contact with the media without first coordinating with their PIOs. Unfortunately, this happens all too often during an emergency response. Remember that your community will be watching and listening to news broadcasts from local media. Disseminating conflicting messages and/or incomplete information will not reassure residents or project a positive image for your city. The city council should develop a crisis communication media policy that identifies procedures for the council and other city executives.

Elected Officials Will Be Held Accountable Levels of preparedness and readiness erode over time. When did your city last conduct emergency response training? Do you have a significant number of new personnel? Have you changed city managers or department heads? Are there newly elected council members who perhaps haven’t yet seen the city’s emergency plan? These issues and turnover ratios should be considered when determining the frequency of emergency response training. continued

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Building inspectors and city officials view a collapsed office building in Los Angeles after the 1994 Northridge earthquake.

Is Your City Prepared for the Next Major Disaster?, continued

Balancing budgets without tapping into reserves continues to be challenging for some cities, but it is important to reinstate training policies and procedures that may have been set aside during the recession’s worst years. While budget limitations are a consideration, training should be provided before a disaster occurs.

to respond to disasters and emergencies. As we move forward into the coming year, make it your priority to ensure that new personnel, including newly elected officials, are familiar with your city’s emergency plan. Talk to your city manager about scheduling training, exercises and drills.

City councils will be held accountable for ensuring that city personnel are adequately trained and properly equipped

Don’t wait for the next disaster to strike. The time to prepare is now. ■

More Resources Online For links to additional resources on this topic, read the online version of this article at www.westerncity.com.

The U.S. Postal Service requires this form to be published annually.

League of California Cities

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Legislative Briefing Webinar Wraps Up the Session, Sets Stage for 2015 by Eva Spiegel With the Capitol quiet, the League is already busy gearing up for the coming Legislative Session. This is the time of year when your lobbying team in Sacramento begins to identify key issues that may surface in the upcoming session and compiles a comprehensive summary of bills recently signed by the governor. The League engages in this process to give California city officials an in-depth perspective on new laws, legislative priorities and dominant trends in the Capitol.

Popular Web-Based Briefing Saves Time, Money For the first time, this year the League’s annual end-of-session legislative briefing will be provided as a webinar only. While the League has offered both a webinar and in-person briefings for the past three years, attendance at the in-person events has declined as online participation has increased. The popular webinar format allows city officials to benefit from a live briefing without incurring the time and expenses associated with travel. This year’s 90-minute briefing is set for Nov. 12 from 2:00 to 3:30 p.m. Registered participants will receive a link to the League’s 2014 Legislative Briefing Report, which contains details on enacted bills that affect cities. Participants can print as many copies of the briefing book as they need. Most of the bills covered in the briefing and in the report are set to take effect on Jan. 1, 2015, unless otherwise indicated. This annual publication also includes an overview written by League Legislative Director Dan Carrigg, which covers the year’s most important legislative developments and provides helpful political context for cities.

Get Insider Perspectives From the League The webinar covers the culmination of the two-year 2013–14 Legislative Session and highlights key bills from the 2014 session signed by Gov. Jerry Brown in each of the League’s primary lobbying areas. The League’s legislative team will explain significant bills and focus on what cities need to know to prepare for the laws’ enactment in January. The briefing will also touch on several initiatives on the November statewide ballot that are of interest to cities. Topics to be covered in the webinar will include legislation affecting: • Economic development; • Post-redevelopment; • Massage industry regulation; • Cap-and-trade auction and revenues; • Groundwater and Proposition 1 (the Water Bond); • Public safety; and • Employee benefits and collective bargaining.

Register Now Don’t delay registering your city today for this important webinar. Find registration and other information at www.cacities.org/events. ■

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

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Western City, October 2014

Everyday Ethics for Local Officials

Getting Public Employees Off to a Good Start QUESTION The public agency where I work takes ethics very seriously. I am particularly concerned with issues and reports involving legal and ethical missteps by public agency staff. Some media headlines have described instances of local agency employees using agency credit cards for personal

purchases, uniformed public works employees being seen (and videotaped) drinking at lunch, employees being caught selling surplus agency property, agency supervisors filmed using public vehicles for personal errands and public employees going bowling during work hours (apparently a team-building exercise). These stories and reports

must be very embarrassing to the leaders of the public agencies involved. What can be done to prevent such lapses of judgment? How can we sensitize the public agencyâ&#x20AC;&#x2122;s workforce to the special obligations of being a public agency staff member?

This column is a service of the Institute for Local Government (ILG), whose mission is to promote good government at the local level with practical, impartial and easy-to-use resources for California communities. For more information and to access ILGâ&#x20AC;&#x2122;s resources on public service ethics, visit www.ca-ilg.org/trust.

League of California Cities

www.cacities.org

ANSWER There is no silver bullet. One strategy is to monitor media reports for examples that can serve as a vehicle for continuing the dialogue within an agency about the importance of public perception and values-based decision-making. These kinds of reports can be a safe jumpingoff point for supervisors to explore, both at the management level and with their staff, the type of thinking that may have led to the actions covered by the media.

Personal and Organizational Ethics in Local Agencies (www.ca-ilg.org/ppoe), is to raise these issues during the hiring process. Emphasizing the agency’s mission and values during the recruitment and hiring process can help highlight the importance of ethics to the organization. Asking questions in the interview process that assess how a candidate might handle a difficult work-related ethical situation is another element of this strategy.

A frequent blind spot for public employees is not thinking how such behavior could be cast in the most unflattering light by a reporter or blogger. Reminding staff that public employees’ behavior is subject to ongoing scrutiny is one strategy to help reduce that blind spot.

Implementing policies and practices that reinforce and promote legal and ethical behavior can help an agency prevent missteps. For example, many public agencies have greatly limited access to agency credit cards, for both staff and elected officials, as the result of scandals related to the misuse of such cards for personal purposes.

Another strategy, discussed in the Institute for Local Government (ILG) publication Promoting

Publicizing these policies and practices is essential for such measures to succeed. However,

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policies can go only so far. The goal is for staff to understand the larger goals that the policies are trying to achieve — typically promoting public trust and confidence in the agency’s workforce. The orientation process offers another opportunity to send an early and important message about the value the agency places on public trust and confidence. This can be achieved by letting those new to public service know that public employment can be significantly different from working in the private sector and informing them about what’s not OK and why. To assist local agencies in this process, ILG offers the following sample language and chart on pages 10 –12 for local agencies to consider and /or adapt for use in their employee orientation materials. continued

Western City, October 2014

Getting Public Employees Off to a Good Start, continued

The Special Nature of Public Service: Why It’s Different Public service is a trust. Public agencies were created by the public to accomplish things that could not be done by individuals acting alone or with a profit motive. People who work in public agencies are entrusted with resources, power and authority. But the nature of that trust is

that these resources, power and authority can be used only to benefit the public — not those in public service. This makes public service different from working in the private sector. Public sector employees work for the public. As a public employee, you may have a supervisor who may be accountable to others in the organization. Ultimately,

however, the agency is accountable to members of the public, who elect the agency’s governing body and also can decide how much revenue the agency will have to do its work. Through the ballot measure process, the public can even take decision-making authority away from elected officials and enact its own policies.

DUTY

PRINCIPLE

EXAMPLES AND MISSTEPS TO AVOID

Trustee of Public Resources

1. Use of Agency Equipment, Supplies, Facilities and Technology. As a public agency employee, you will be entrusted with access to equipment, facilities, technology, supplies and other materials that are paid for with taxpayer dollars and therefore belong to the public. These may be used only to serve the public and not for your own or others’ individual benefit.

• Using an agency truck or tools on a weekend for a personal construction project • Using an agency copying machine or postage meter to copy or send personal documents • Taking office supplies home for personal use • Playing golf on the agency course without paying the greens fee • Using an agency vehicle for personal errands

2. Time Is Money. An employee’s time on the job is also a public resource. The expectation is that public employees will put in a full day’s work for a full day’s pay. Public employees may not use public agency time for personal tasks and pursuits.

• Asking your co-worker to repair or work on your car in the agency’s public works yard • Having conversations (in person, on the telephone, via social media or email) not related to agency business that go beyond ordinary pleasantries while “on the clock” • Accessing the Internet for personal use outside of scheduled break time (note: in some agencies, any personal use of computer equipment is not allowed) • Running personal errands during work time • Performing charitable activities on agency time

3. Money Is Money. Limited taxpayer dollars must be stretched as far as possible in service to the public. This puts a premium on making wise purchases with agency money and using agency money only for public purposes.

• Using agency credit cards or their equivalent for personal purchases • When traveling, staying at luxury facilities, not taking advantage of conference rates or generally spending more than necessary to accomplish the public’s business • Enhancing and/or increasing your own compensation without going through an open and transparent process

4. Disposal of Outmoded or Surplus Property. The agency has processes for disposing of surplus or outmoded property. Under no circumstances may public agency employees sell agency materials and keep the proceeds themselves or give agency materials to others.

League of California Cities

• Selling surplus construction material to a scrap dealer or through online services such as Craigslist • Sharing agency office supplies with a local religious organization or charity

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What This Means for You as a Public Employee People who work for public agencies must hold themselves to the same high standards that the public has for those who are elected or appointed to public service. The exact combination of standards depends on a particular individual’s job within the organization. However, three cross-cutting principles apply to all public servants:

As a public employee your behavior on the job is subject to public scrutiny and judgment.

1. Public employees are stewards of scarce public resources; 2. Public agencies must treat everyone fairly, irrespective of who they know or are related to; and 3. Public service means one’s actions are subject to public scrutiny. The chart on pages 10–12 provides details on these principles. Note that many of these principles are tied to laws that impose severe penalties — both fines and even jail time — for missteps. continued

DUTY

PRINCIPLE

Fair Treatment of All

air Treatment. A key element of democracy F is that public agencies treat everyone the same. For public employees, this means applying agency rules and standards to everyone in the same manner. Conversely, giving preferences to friends, family or those who either have or may be in a position to help you is inconsistent with the value of fairness.

6. Gifts or Special Gestures. People may offer to buy meals and beverages for you, give you tickets to sporting or other entertainment events or even provide a thank-you gift for help you provide as part of doing your job. Usually these gestures should be declined with “thanks, but no thanks.” Under no circumstances should employees do anything that would cause someone to believe that such special gestures will secure them preferential treatment.

EXAMPLES AND MISSTEPS TO AVOID • Waiving agency rules, standards and procedures — that everyone else must adhere to — for yourself, friends and family • Processing your own, friends’ and relatives’ applications faster than others • Giving hiring preference to family and friends

• Accepting tickets to an entertainment venue from those who need a permit, license or franchise from the agency • Going out to dinner with those who hope to be awarded an agency contract • Accepting a six-pack of beer from a grateful property owner after repairing a broken water main in front of the property • Accepting a gift basket from an agency vendor during the holidays • Taking money in return for any action you take in your capacity as a public employee

continued www.westerncity.com

Western City, October 2014

Getting Public Employees Off to a Good Start, continued

Public service is based on trust. Earning the public’s trust and respect takes people committed to adhering to the legal duties and the principles of public service. • In your public service, there will undoubtedly be times when you are tempted to put your own interests ahead of the larger organizational or public interest that you serve. Resist that temptation.

• As a public servant, there will be things that you might be able to do if you worked in the private sector that you can’t do because you are a public employee. This is why public service isn’t for everyone. Do you have concerns? If at any time in your public service, issues arise that are similar to the examples given here, please bring them to the attention of your

supervisor or another trusted individual at the management level (for example, in the Human Resources Department). ■

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

DUTY

PRINCIPLE

EXAMPLES AND MISSTEPS TO AVOID

Public Perception, Scrutiny and Accountability

7. The Public’s Right to Know. Your emails and other communications, requests for expense reimbursement and virtually all documents relating to agency operations may be reviewed by the media and public; so may your salary, which can be reported as both salary and benefits.

• An email intended for internal use gets forwarded to the media or released as part of a request for public records. • Employees’ salaries (typically including taxes and benefits to make the salaries appear much higher than what employees consider to be their “take home” pay) are reported in the media. • Reimbursement requests for steak dinners, travel by taxi, alcohol or greens fees are publicized in the media as examples of employees wasting taxpayer money on luxurious expenses.

8. Public Scrutiny. As a public employee, you work for the public. As such, your behavior on the job (and sometimes even off duty) is subject to public scrutiny and judgment. Behave accordingly.

• Smartphone videos of difficult interactions with the public have been posted on YouTube. • Less than courteous phone messages by public employees have been released to the media as examples of unprofessional, threatening or abusive behavior. • Ill-considered social media posts on personal accounts have been distributed beyond personal acquaintances and caused embarrassment or worse. • Behavior under the influence of alcohol or other substances has raised questions regarding judgment and/or fitness for public service. • Guilt by association: Employees’ relationships with those who have had legal troubles have also been the subject of public discussion. • Marital infidelity or other relationship issues can be more public for public employees.

League of California Cities

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A key element of democracy is that public agencies treat everyone the same.

If you liked: “The ‘Front Page’ Test: An Easy Ethics Standard” (bit.ly/frontpageWC)

You may also enjoy “Blind Spots: Money, Public Service and the Ethical Hazards of Self-Interest” (bit.ly/blindWC)

and “The Ethics of Public Language” (bit.ly/languageWC)

Find more thought-provoking articles at www.WesternCity.com

Health Care Reform Solutions Keenan’s Health Care Reform Consulting Services help you understand the Affordable Care Act’s (ACA) potential impact on your health care benefit plan. • Analysis of your plan and employee workforce • Prioritizing next steps in alignment with your objectives • Creating a recommended action plan • Evaluating and modeling plan design and contribution strategies • Developing employee wellness and condition management approaches • Identifying cost-savings alternatives to Covered California, including PACE, a unique Joint Powers Authority medical benefits program for public agencies

People who work in public agencies are entrusted with resources, power and authority that can be used only to benefit the public — not those in public service.

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

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Innovative Solutions. Enduring Principles.

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Western City, October 2014

The Better

Amending Local 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.

League of California Cities

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Part of Valor :

Sex Offender Ordinances by Michael R. Cobden and Teresa L. Highsmith

A series of lawsuits against California cities has brought the issue of sex offenders in the community back to many city agendas and local public meetings. Two recent decisions by the California Court of Appeal and a case pending before the California Supreme Court effectively limit cities’ ability to enforce local ordinances regulating registered sex offenders who live in their jurisdictions. Few city officials or residents favor the idea of repealing an ordinance intended to protect children from predators, but many cities with such ordinances are being forced to do just that as a result of legal challenges. By moving quickly and carefully, city councils can address the appellate rulings and avoid paying for the privilege of repealing their ordinances.

Background on Sex Offender Laws Sex offender registries have existed in the state since the 1940s when the City of Los Angeles created the first model, quickly adopted by the Legislature. Since then, federal law has required every state to create a sex offender registry. The California version can be found at Penal Code Section 290 and is not compromised by the appellate cases discussed here. Essentially, if a person is convicted of committing a crime listed under Section 290, he or she must: • Register as a sex offender with local law enforcement; and • Remain registered for the rest of his or her life.

Once registered, he or she must update the registration at least annually. The list of crimes requiring registration is not limited to sexual acts with children; there are various categories of registered sex offenders. It includes many crimes not involving children (such as sexual battery) and crimes that may have no direct victim (such as indecent exposure). Registration information about most registrants is required to be made available to the public under “Megan’s Law” and can be accessed on the state Department of Justice Megan’s Law website. Beyond state law, many cities have enacted other kinds of local regulations applicable to where and how sex offenders may reside in the community. Following the recent appellate decisions and continued

Michael R. Cobden is assistant city attorney for Grass Valley and Auburn and an associate with the law firm of Colantuono, Highsmith & Whatley, PC; he can be reached at MCobden@chwlaw.us. Teresa L. Highsmith is city attorney for Barstow, Sierra Madre and South Pasadena and a partner in Colantuono, Highsmith & Whatley, PC; she can be reached at THighsmith@chwlaw.us.

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Western City, October 2014

The Better Part of Valor: Amending Local Sex Offender Ordinances, continued

A third kind of local ordinance prevents registered sex offenders from participating in trick-or-treating on Halloween and can take various forms.

depending on how the Supreme Court rules, these ordinances are likely vulnerable to potentially costly lawsuits. Common Types of Local Ordinances Regulating Sex Offenders Local ordinances sometimes create increased residency restrictions and prohibitions from entering parks and libraries — and even prevent participation in Halloween trick-or-treating.

Distance Restrictions The Legislature in 2006 adopted “Jessica’s Law,” a state statute that

League of California Cities

prohibits a registered sex offender from living within 2,000 feet of any school or park where children regularly gather. Jessica’s Law also expressly allows cities, by ordinance, to increase that distance restriction and to include other places a registrant cannot live near, such as libraries, day care centers and the like. However, in a case known as In Re: Taylor, the California Supreme Court is currently considering constitutional challenges by sex offenders to Jessica’s Law, including claims that these restrictions effectively banish registered sex offenders from San Diego County. Accordingly, many district attorneys are not prosecuting violations of Jessica’s Law, pending

the final word from the Supreme Court on its enforceability. Although the Taylor case addresses only the statewide version of Jessica’s Law, local laws that increase the state distance restrictions may also be affected, so it makes sense to wait for the ruling to provide guidance on what cities can and cannot do in this area. In the meantime, cities should probably suspend enforcement of this type of local ordinance. Be aware, though, that a local Jessica’s Law regulation that effectively prevents a registrant from living in a particular jurisdiction may be vulnerable to legal challenge in any event. continued on page 21

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Teen Community Emergency Response Training students practice moving victims safely as a team during a disaster simulation.

Community Emergency Response Training students learn about fire suppression.

Goleta Makes Emergency Preparedness a Priority Earthquakes, fires and other disasters can strike a community at any time. Preparing for an emergency and knowing what to do when one occurs is the focus of the Goleta Prepare Now/Goleta Prepárese Hoy program. The City of Goleta (pop. 28,000), located on the Pacific coast in southern Santa Barbara County, has made emergency preparedness a priority for its community. The city wanted to ensure that residents, employees, businesses and visitors are adequately prepared for a range of potential disasters, including earthquakes, wildfires, floods and tsunamis, and the prolonged power outages, communication interruptions and evacuations that typically accompany such events. Mayor Michael T. Bennett says, “The City of Goleta is proud of the Goleta

Prepare Now/Goleta Prepárese Hoy program, which provides education and training to our community members so they can assist their families and neighborhoods in the event of a disaster.”

Diverse Community Needs Drive Program’s Design Goleta’s diverse community made it particularly important to use a multifaceted approach. The city has large populations of seniors (13.5 percent), youth (21 percent) and Latinos (33 percent). More than a third of Goleta residents speak a language other than English at home. Providing information and training in an accessible, wide-reaching manner was a key challenge in developing such a program. “Emergency preparedness training is a critical tool we can use to ensure we have

a community ready to respond when disaster strikes. With tailored outreach, education and workshops, the Goleta Prepare Now/Goleta Prepárese Hoy program provides an important tool for English- and Spanish-speakers alike,” says Vyto Adomaitis, director of Neighborhood Services and Public Safety, whose department oversees the program. “It fills a critical need in our community.” The city kicked off the program with Shop for Your Kit, a campaign to encourage every resident to build an emergency kit, in September 2009 during National Preparedness Month. Throughout the month, displays at a number of local stores featured emergency preparedness information, materials and emergency continued on page 26

The City of Goleta won the 2014 Helen Putnam Award for Excellence in the Public Safety category. For more about the award program, visit www.helenputnam.org.

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Western City, October 2014

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 Kim 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. For rates and deadlines, visit www.westerncity. com and click on the Advertise link.

CITY OF BENICIA – COMMUNITY DEVELOPMENT DIRECTOR Benicia, a San Francisco Bay waterfront city, is known for its small town charm and quality of life. The City now seeks an accomplished Community Development Director who will possess the ability to quickly grasp and embrace the values of Benicia and the unique and participative culture of this community. Position priorities and the complete ideal candidate proﬁle are currently under development. A formal job announcement is anticipated to be ready by early October and will be available on our website at http://www.averyassoc.net/jobs and the City’s website at http://www.ci.benicia.ca.us. For further information contact Bill Avery at 408.399.4424.

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

League of California Cities

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Library & Community Services Director City of Salinas, CA The City of Salinas (approximate population 154,484) offers a unique combination of climate, natural resources, and people. Salinas is known as “The Salad Bowl of the World” for its production of lettuce, broccoli, mushrooms, and strawberries, along with numerous other crops. The City is seeking a Library and Community Services Director who will provide strong visionary and collaborative leadership. Experience working in a public library system and experience working in an ethnically diverse community is essential. Candidates must possess a Bachelor’s degree with major coursework in public administration, parks and/or recreation management, library services, business administration, social services, or a related field and seven years of increasingly responsible experience in parks, recreation, and/or library operations; including at least three years of administrative and management responsibility. A Master’s degree is desirable. The annual salary for the Library and Community Services Director is $125,460-$152,508 before a 13% salary concession that is in effect through June 2015; placement within this range is dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Contact Valerie Phillips at (916) 784-9080 with questions. Brochure available. Closing date October 17, 2014. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

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City Manager

City of Brentwood, CA Located just 55 miles east of San Francisco in the far Eastern Contra Costa County region, the city of Brentwood is a charming and desirable community of nearly 55,000 residents. As a bedroom community to the Bay area and Central Valley, Brentwood offers high quality services, parks, schools, and neighborhoods at an affordable price. The city has 270 FTEs and total operating budget of $164.6 million, including water, wastewater, solid waste, and recycling. Brentwood’s stable and professional Council views the next City Manager as vital to the future growth of the community over the next 20 years. Experienced City Managers in smaller communities and Assistants in larger communities are strongly encouraged to apply. Bachelor’s degree is required; Master’s preferred. Annual salary up to $242,787 DOQ.

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Resumes acknowledged within two business days. Call Bobbi Peckham at (866) 912-1919 for more information. A detailed brochure is available at www.peckhamandmckenney.com. Filing deadline: October 24, 2014.

The City of Culver City (population 41,000) is a thriving, vibrant full-service community located within five miles of the Pacific Ocean. This ideal Westside location provides great access to the entire Los Angeles basin.

City of Culver City ASSISTANT CHIEF FINANCIAL OFFICER Annual Salary up to $151,767

New Opportunities . . . Community Development Director City of Fairfield

Deputy Fire Chief

Menlo Park Fire Protection District

Fire Chief

Livermore-Pleasanton Fire Department Opening late fall . . .

Assistant City Managers City of Pleasanton

Teri Black • 424.296.3111 Carolyn Seeley • 949.487.7606

Photo/art credits Cover: Konstantin Sutyagin/Shutterstock.com Page 3: Spirit of America/Shutterstock.com

Page 13: above, Alexander Raths/Shutterstock.com; below, Hurst Photo/Shutterstock.com

Page 4: Wellphoto/Shutterstock.com

Pages 14–15: Konstantin Sutyagin/Shutterstock.com

Page 5: Lowe Llaguno/Shutterstock.com

Page 16: Yellowj/Shutterstock.com

Page 6: A Katz/Shutterstock.com

Page 17: Courtesy of the City of Goleta and League of California Cities

Page 7: Yvonne Hunter Page 8: Aleksandar Mijatovic/Shutterstock.com Page 9: Rawpixel/Shutterstock.com Page 11: top right, Kzenon/Shutterstock.com; basket, Ultimax/Shutterstock.com; ticket, zimmytws/Shutterstock.com Page 12: Maxim Leonidov/Shutterstock.com

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The Assistant Chief Financial Officer will play a primary role in managing the day-to-day operations of the Finance Department, including direct management of the City’s procurement program. He/she will be expected to support the planning and strategic direction of the Department, manage special projects, and serve as a guide and resource for the management team of the Finance Department. The ideal candidate will have demonstrated skill in the area of financial management including governmental accounting. He/she must possess excellent interpersonal and management skills to ensure programs and services are delivered effectively. A minimum of five (5) years of professional financial management experience, along with a bachelor’s degree from an accredited college or university is required.

Pages 22, 23, 25: Angelo Gilardelli/Shutterstock.com

To view the job brochure and/or apply please visit the City of Culver City website at www.culvercity.org.

Page 27: Courtesy of the City of Goleta and League of California Cities

Final filing date: October 24, 2014

Page 20: Elena Yakusheva/Shutterstock.com

Contact: Serena Wright at (310) 253-5640

Western City, October 2014

many district attorneys are not prosecuting violations of Jessica’s Law, pending the FInal word from the Supreme Court on its enforceability. J

Community Services Director City of Bell, CA

This family-oriented suburban community of 40,000 is located just southeast of downtown Los Angeles along the west bank of the Los Angeles River. Incorporated in 1927 and renewed in 2011, the City of Bell is poised for a great future. With new leadership, Bell has made awardwinning strides resulting in a balanced budget, $25.7M general fund reserve, and transparent and committed organization. The Community Services Department takes great pride in providing Bell residents beautiful parks and facilities and a myriad of quality social services including recreational programs and activities. The Director will join a quality team of professionals in continuing to rebuild the city. The equivalent of a Bachelor’s degree and 7+ years’ progressively responsible administrative/ supervisory management experience in parks and recreation programs required. Salary DOQ.

Please send your cover letter and resume electronically to:

Deputy Fire Chief, City of Vacaville, CA The City of Vacaville, CA (population 93,899) is a thriving, progressive community located in northern Solano County, midway between Sacramento and San Francisco. The City is now seeking candidates for the new position of Deputy Fire Chief. This position assists the Fire Chief in the administration and operation of the Fire Department and has responsibility for preparing the department budget, supervising assigned personnel, and performing emergency command and control functions. Any combination of education and experience that would provide the required knowledge and abilities is qualifying. A typical candidate will possess a Bachelor’s Degree in Public Administration, Business Administration, Emergency Management, or a related field and seven years of increasingly responsible experience with a full-service municipal fire department, including at least five years at the level of Captain or higher; experience working as a Battalion Chief or equivalent is preferred. Salary for this position is $136,730.64-$166,209.00 annually. Placement within the stated range will be based upon the selected candidate’s experience and salary history. 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 October 31, 2014. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

League of California Cities

www.cacities.org

The Better Part of Valor: Amending Local Sex Offender Ordinances, continued from page 16

Prohibitions From Parks and Libraries

The second type of local regulation is one that prohibits sex offenders from entering parks, libraries or other places children frequent or where they are potentially vulnerable. These differ from the Jessica’s Law ordinances in two important ways: 1. They do not regulate where a registrant can live — rather, they regulate where a registrant can go; and 2. State law does not expressly provide authority for cities to enact them. These “Child Safety Zone” laws are particularly common in Orange County. In 2013 the Court of Appeal in People v. Nguyen held that the City of Irvine’s ordinance of this type was pre-empted by California law. The court found because the state has fully regulated registered sex offenders’ daily lives, local governments cannot do so unless a statute affirmatively says they can (such as expressly provided under Jessica’s Law). Immediately after the case was published, the Supreme Court declined to review it or its companion case, People v. Godinez. This effectively means that cities cannot enforce ordinances that regulate where registered sex offenders can and cannot go. Cities with Child Safety Zone ordinances in their municipal codes should therefore — at a minimum — suspend their enforcement and will likely need to repeal or amend them as well to ward off litigation.

Halloween Ordinances A third kind of local ordinance prevents registered sex offenders from participating in trick-or-treating on Halloween and can take various forms. Such ordinances are a popular target for federal lawsuits because sex offender advocacy groups believe they violate registrants’ First Amendment “rights” to participate in the holiday. These ordinances can be difficult to analyze because small changes can make a big difference in defensibility. For example, limiting application of the ordinance to registrants who have committed crimes against children will continued www.westerncity.com

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CITY OF MILPITAS RFQ Environmental Litigation Team Sought The City of Milpitas, located southeast of San Francisco Bay in California is seeking legal representation to provide litigation services in its ongoing effort to eliminate offensive odors and potentially harmful particulates emanating from a functioning landfill and composting operation adjacent to its borders. Experience in environmental nuisance litigation and the regulatory scheme governing the operation of a sanitary landfill, particularly in handling matters before the Bay Area Air Quality Management District (BAAQMD) or similar body and the California Department of Resources, Recycling and Recovery, is desired. Experience with the Integrated Waste Management Act and the Federal Clean Air Act is also desired, as is experience with landfill closure or remediation of activities causing community-wide odor problems. Firms interested in providing guidance on a long range litigation plan and litigation services culminating in the elimination odors that have plagued this community for half a century are encouraged to download the City’s Request for Qualifications (RFQ) document from the City of Milpitas website at http://www.ci.milpitas.ca.gov and respond before October 31, 2014.

City of Laguna Beach, California CHIEF OF POLICE $123,132 – $188,976 Annually plus CALPERS Retirement Tucked along several miles of the world’s most beautiful coastline and surrounded by open space, the City of Laguna Beach is home to a vibrant artist community as well as a sophisticated, engaged citizenry.The year-round population is about 23,000 but can fluctuate to over 100,000 seasonal visitors. The City seeks a proven, innovative, team leader who is highly attuned to the needs of the community, possesses strong customer service awareness, and is an advocate of community oriented policing. The Chief of Police reports to the City Manager and is responsible for leading a department comprised of 49 sworn and 37 non-sworn personnel who serve in Field, Support and Animal Services divisions. Laguna is a full service City and its public safety communications center dispatches over 41,000 calls for Police, Fire and Marine Safety emergency services annually. The annual budget for the department is $14.7 million. Extensive experience in police management and community-oriented policing are highly desirable. A Bachelor’s degree in Public Administration or a related field is required and a Master’s degree in a related discipline is preferred. View detailed compensation and position information at: www.lagunabeachcity.net. A letter of interest, detailed resume and salary history are required. Submit to: Barbara J. Salvini, Personnel Services / Risk Manager, City of Laguna Beach, 505 Forest Avenue, Laguna Beach, California 92651. Closing Deadline, Friday, October 31, 2014.

Western City, October 2014

The Better Part of Valor: Amending Local Sex Offender Ordinances, continued

Finance Director, City of Alameda, CA The City of Alameda is a unique island community of approximately 75,000 residents in the San Francisco Bay Area. Alameda is seeking a new Finance Director to oversee a Department of 12 FTE budgeted positions and 5 part-time staff members with a two-year operating budget of $2.3 million annually. Alameda is seeking a highly experienced, tech-savvy candidate for this position who has the strength of character and depth of knowledge to inspire and lead the Finance Department’s talented, dedicated staff. Any combination of education and experience likely to provide the required knowledge and abilities will be considered; a typical candidate will possess a bachelor’s degree with major coursework in accounting, finance, economics, public or business administration, or a related field (a master’s degree is desirable) and ten years of broad, extensive experience in all major phases of financial management and administration, including accounting and budget, with at least five years of responsible management experience. Salary range $144,762$175,979 annually; placement within the range is DOQ. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Bob Murray or Joel Bryden at (916) 784-9080 should you have any questions. Brochure available. Closing date October 31, 2014. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Administrative Services Director Monthly Salary $10,026- $12,187

If you are interested in this exciting opportunity, please apply online at www.cityofturlock.org or apply at: City of Turlock Human Resources 156 S. Broadway, Suite 235 Turlock, CA 95380 EOE. (209) 668-5540 phone (209) 668-5529 fax Closing date: October 31, 2014

The City of Turlock is seeking a highly qualified professional to lead its Administrative Services Department. Located in the heart of California’s Central Valley, and home to CSU Stanislaus, the City of Turlock has grown to reach a population of over 70,132 residents. The Administrative Services Director will serve as the Finance Officer and is responsible for financial planning, budgeting, accounting and auditing, treasury cash management and billing of other accounts. This individual will also oversee the preparation of the annual budget and serve as consultant with other City Officials in financial accounting practices. In addition, the incumbent will provide direction to the finance, payroll and human resources divisions. The City is seeking a director who has a strong finance background, with effective communication skills, and the ability to perform in a transparent capacity. Candidates must possess five years of increasingly responsible experience in municipal financial planning and administration; including two years of managerial and supervisory responsibility that would have provided the opportunity to develop the required skills, knowledge and abilities. A bachelor’s degree in a related field is required, with a master’s degree desirable.

dramatically improve a court’s analysis of whether the ordinance is sufficiently tailored to meet the harm it seeks to prevent (that is to say, protecting children from predators). There is no general rule to follow when adopting or amending these ordinances, although requiring a sign to be posted outside a registrant’s home will most likely be considered impermissible compelled speech. Consider asking the city attorney to analyze such an ordinance for potential constitutional violations or other legal issues if your city has one on the books. Challenges to Local Ordinances Regulating Sex Offenders Following the appellate court rulings in Orange County and the Supreme Court’s grant of review of In Re: Taylor, cities are facing a wave of lawsuits from registered sex offenders and their champions, demanding the repeal of ordinances like the ones at issue in those cases. It is fair to say ordinances that prohibit all registered sex offenders from entering certain places within a city are highly vulnerable, and cities that did not repeal them after the Supreme Court declined to review the Orange County cases will need to do so. It is wise to repeal such ordinances sooner rather than later, thus avoiding a sex offender advocacy attorney from demanding repeal and “catalyst” legal fees for prompting the repeal action. Depending on how extensive they are, Halloween ordinances may also need to be repealed or substantially amended. However, repealing local residency distance restrictions, such as those authorized by Jessica’s Law, may not be necessary until the Supreme Court ultimately provides guidance in the Taylor case on what cities can and cannot enforce. What Can Cities Do Now? How does a city repeal a popular ordinance believed to protect children from sexual predators? Local public officials can do a few things now to potentially soften the blow. First, recognize and publicize the fact that your city is not alone. Dozens of cities have already continued on page 24

League of California Cities

www.cacities.org

it may be useful to include public awareness presentations in the meetings at which the city council considers repealing or amending a vulnerable ordinance.

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Finance Director City of Ojai, CA Located in the bucolic foothills of Ventura County, Ojai (pop. 8,000) is an established tourist destination with a vibrant artistic community and strong sense of community identity. The Finance Director oversees the department’s many functions, while reporting directly to the City Manager. The ideal candidate will have proven management and leadership experience in a local government setting. A Bachelor’s degree in accounting or a related field is required; Master’s preferred. The ideal candidate will have the equivalent to eight years of progressively responsible municipal finance experience with five years in a management/supervisor capacity, preferable with a public agency. Annual salary range is $109,656 to $133,289. To apply, file a City of Ojai employment application by November 5, 2014 to City of Ojai, Attn: Deputy City Manager Steve McClary, P.O. Box 1570, Ojai, CA 93024. No faxes or emails accepted. For information please contact Mr. McClary at (805) 646-5581 x101 or www.ci.ojai.ca.us

City Manager, City of Martinez, CA The City of Martinez, located along the Sacramento and San Joaquin rivers just 35 miles northeast of San Francisco, covers 12.5 square miles with approximately 36,700 residents. As one of California’s first towns, Martinez retains a strong sense of history and family. The City is now seeking a City Manager who is seasoned and capable of handling economic and community development while ensuring the financial stability of the City. The City Manager will be politically astute, yet apolitical; visible; approachable; and accessible to the Council, community, and staff. The ideal candidate must be a strong manager and leader who is capable of standing up to the City Council while providing clear direction with the future of the City in mind. This position requires a broad understanding of municipal operations, particularly in the areas of finance, budget, land use, and economic development. A Bachelor’s degree from an accredited college or university in public or business administration or a related field is required. A Master’s degree is preferred. The salary range for the City Manager is open and dependent upon qualifications. Apply online at www.bobmurrayassoc.com. Contact Bob Murray or Gary Phillips at (916) 784-9080 with questions. Closing date November 14, 2014. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

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Western City, October 2014

The Better Part of Valor: Amending Local Sex Offender Ordinances, continued from page 22

repealed these ordinances, and some have literally paid for the privilege through attorneys’ fees awarded to plaintiffs who challenged them. At least with respect to the Child Safety Zone ordinances, cities have few or no options at this time. The Legislature enacted the statutes governing sex offender regulation, and the courts J

have interpreted them to permit very few types of local laws. In addition, a city should consider amending its ordinance to simply track state law. This approach was successfully implemented by the cities of Lompoc and Hesperia, where the local ordinances cite

City Attorney, City of Merced, CA The City of Merced, located in the heart of California’s agricultural Central Valley, is the region’s hub for education, culture, and business. A dynamic community of about 80,500 residents, Merced offers friendly, small town living in a mid-size city. The City is now seeking a City Attorney with demonstrated experience in municipal law, particularly in the areas of land use, economic development, litigation, contract development, and employment law. The ideal candidate will possess excellent communication skills in all modalities and the ability to adjust communication style for a diversity of audiences, as well as a willingness to develop positive working relationships with diverse groups and individuals. Candidates must possess a JD and 2 years of experience practicing law and managing professional and administrative support staff in a municipal legal setting or an equivalent combination of education, training, and experience. At the time of application, all candidates must possess and maintain a valid license from the State Bar of California and a valid California Driver’s License. The annual salary for the City Attorney position is open and dependent upon qualifications. Apply online at www.bobmurrayassoc.com. Contact Bob Murray or Gary Phillips at (916) 784-9080 with questions. Closing date October 31, 2014. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Monterey County, CA Director of Parks and Recreation $120,499 to $164,574 Annually Depending on Qualifications Monterey County, CA, is seeking an experienced, progressive and service oriented municipal administrator to be the Director of Parks and Recreation. The County’s richly diverse 428,000 residents enjoy a wide range of natural parks and beaches, convenient recreational areas, rich agricultural lands, gentle Mediterranean climate, and a high quality of life. The Director is responsible for overall administration and management of the County’s parks and recreation operations, functions and programs. Candidates are expected to have a combination of education and experience equivalent to a Bachelor’s degree in Public or Business Administration, Recreation, Park Administration, Conservation, or a closely related field, and five (5) years of broad, extensive and progressively responsible municipal management experience in community services, recreation management, and/or park administration. A graduate degree and experience in a diverse community are highly desirable. For more information please visit our website at www.rjamanagement.com. Open Until Filled. First Review October 31, 2014. Apply to: Dr. Richard Garcia RJA Management Services, Inc. 2719 So. Mayflower Ave., Suite A | Arcadia, CA 91006 | (626) 447-3318 www.rjamanagement.com | Email: rgarcia@rjamanagement.com

League of California Cities

Penal Code sections that regulate sex offenders when they enter or loiter in parks and schools. Sometimes it can be more palatable to amend an ordinance rather than repeal it; by tracking what a city is authorized to do under state law, public officials can honestly tell their constituents that they are doing all they can to enforce the law and protect the community. Along the same lines, although it is not likely at this time that the local district attorney will prosecute violations of Jessica’s Law — including your agency’s local residency restrictions — city officials can always ask the Police Department to file violations and forward them to the district attorney for future prosecution when the Supreme Court clarifies the enforceability of those laws in Taylor. Finally, it may be useful to include public awareness presentations in the meetings at which the city council considers repealing or amending a vulnerable ordinance. The California Sex Offender Management Board publishes a number of balanced and well-researched papers about sex offenders, the registry and how it does (and does not) protect the public. This kind of information can be useful in developing staff reports and presentations that better inform the public about the true efficacy of sex offender regulations. It may also defuse some of the angry rhetoric and allow for informed decision-making. Conclusion There is no easy answer to the predicament facing local public officials this year as they wrestle with legal rulings that seemingly offer little choice but to amend or repeal popular ordinances intended to protect youth. But the better part of valor may be discretion, and in the end city officials should be aware of the rulings and steer clear of costly lawsuits if possible. ■

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

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Local ordinances sometimes create increased residency restrictions and prohibitions from entering parks and libraries---and even prevent participation in Halloween trick-or-treating.

CITY MANAGER City of Azusa, CA

Opening in October… Peckham & McKenney is proud to be conducting searches for these exciting career opportunities.

Mariposa County, California County Administrative Officer Director of Public Works Human Resources Director/Risk Manager County Health Officer (80% permanent part-time)

City of Long Beach, California Planning Bureau Manager

Eagle County, Colorado County Manager

(866) 912.1919

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Watch for these Upcoming Opportunities: • City of Alameda, CA City Engineer • City of Marina, CA Fire Chief • City of Redondo Beach, CA City Manager • City of Tucson, AZ City Manager • United Water Conservation District, CA General Manager • United Water Conservation District, CA Engineering Manager

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

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The City of Azusa is located 12 miles east of Pasadena at the foothills of the San Gabriel Mountains. With a population of 46,361, Azusa is known as the Canyon City. The community celebrates a strong sense of history and family with diverse neighborhoods and a vibrant industrial base. Azusa is experiencing exciting change and is becoming a model of an older suburban community undergoing a stimulating renewal period. The City operates under a CouncilManager form of government. The City Manager oversees eight department heads with a total operating budget of $166,000,000. The City of Azusa is seeking a strong leader who possesses the ability to envision and execute innovative ideas to lead the City forward in its growth and development. The City Manager should have a bachelor’s degree in a related field; a master’s degree is preferred. The salary range is open and dependent upon qualifications. Please contact the City’s Human Resources Department at (626) 812-5183 should you have any questions. Apply online at www.ci.azusa.ca.us/jobs.

Western City, October 2014

Goleta Makes Emergency Preparedness a Priority, continued from page 17

Partnerships Play a Key Role

backpacks for sale. Volunteers handed out reusable grocery store bags and bilingual information on what should be included in a basic emergency kit. Shoppers were encouraged to purchase emergency kit supplies as they did their regular shopping.

Community partnerships are a cornerstone of the program. Goleta conducts many training sessions and events in conjunction with area partners to reach a wider audience. Through collaboration

CITY OF LINCOLN CITY MANAGER Located at the edge of Northern California’s foothills, 27 miles northeast of Sacramento, the City of Lincoln is a full-service city with 186 staff serving a population of 43,600. The new City Manager will be a dedicated public servant who supports and implements the policies of the City Council, understands and supports Lincoln’s conservative values, and will maintain the City’s quality of life while proactively and effectively spearheading economic development. Top contenders will have strong leadership characteristics and an engaging personal style. This position requires an experienced public administrator with significant senior level experience in a municipal organization including and a track record of success in economic development and financial management of a comparable size or larger organization. California experience is highly valued although highly qualified candidates on a national level will be given equal consideration. A Bachelor’s degree is required; a Master’s degree or other advanced degree may be a plus. Salary range is $182,000 - $224,494; placement within the range is DOQ. Excellent benefit package including CalPERS Retirement. Interested candidates should email a compelling cover letter and a comprehensive resume to apply@ralphandersen.com by Friday, November 7, 2014. Confidential inquiries welcomed to Heather Renschler at (916) 630-4900. Detailed brochure available at www.ralphandersen.com.

Ralph Andersen & Associates

DEPUTY CITY MANAGER This executive position will work closely with the City Manager, City Council, City Departments, and a diverse variety of public and private organizations and citizen groups in developing programs and implementing projects to address the needs of the community. Candidates must possess eight years of professional experience in municipal government, of which four years included management of professional staff and programs; and a Bachelor’s Degree. Annual Salary up to $201,936 DOQ.

DIRECTOR OF FINANCE This leadership position is responsible for establishing and maintaining financial accounting systems, managing the City’s taxes and assessments, and collecting revenue. In addition, this position is responsible for overseeing and managing $200 million investment portfolio, as well as approximately $27 million of retiree medical investment portfolios. Candidates must possess eight years of professional experience in accounting or financial management, of which four years included management of professional staff. Annual Salary up to $189,396 DOQ. Recruitment brochures available at www.cityofberkeley.info/hr or contact David Abel, Acting Human Resources Director at (510) 981-6807. Closing Date: October 24, 2014.

League of California Cities

with the American Red Cross, the city offers presentations and workshops to local residents, community groups and organizations. The city also works with the Santa Barbara County Sheriff’s Office and Santa Barbara County Fire Department to provide additional training and education. More extensive training is available through the city’s Community Emergency Response Training (CERT) program, which is part of a nationwide program that trains community members in emergency preparedness, leadership, search and rescue and first aid.

Developing Latino and Youth Components In recognition of Goleta’s sizable Latino community, the city worked with partners to offer the first-ever Spanish-language CERT class in 2013. This class and the wide availability of public education materials in Spanish have been very effective in reaching Latinos. “Teaching Spanishlanguage CERT is always so much more rewarding than we anticipate,” says Liliana Encinas, Latino initiatives and outreach coordinator for Santa Barbara County Aware & Prepare, a public-private partnership to strengthen emergency and disaster readiness. “Our Latino community members are hungry for knowledge, and if they are given the opportunity to give back to their community, they do so with integrity, dedication and commitment.” The Goleta Prepare Now/Goleta Prepárese Hoy program also features a youth outreach component that empowers local Latino youth to be more involved in their community. The city has collaborated with the University of California, Santa Barbara/Isla Vista CERT and the Isla Vista YMCA to provide an annual Teen CERT class, which also gives participants the opportunity to earn community service credit. “This program has been fundamental in strengthening a culture of preparedness, as we have seen younger siblings coming through the program following in the footsteps of their older brothers and sisters,” says Jim Caesar, campus emergency manager for the University of California, Santa Barbara.

www.cacities.org

The tailored approach of Goleta Prepare Now/Goleta Prepárese Hoy has allowed the city to reach out to homeowners associations, senior living communities and mobile home parks and offer specific information appropriate to each group’s membership and location.

Program Expands and Adapts Goleta’s first Spanish-language Community Emergency Response Training instructor-training graduates enjoy a brief break.

The program has also expanded to include local businesses through employee fairs and by coordinating Safety Days for their employees. Goleta Prepare Now/ Goleta Prepárese Hoy has also begun collaborating with regional tourism groups to engage hotels and visitors in emergency preparedness education. The city continues its efforts to educate and engage the community at various events and through a Goleta Prepare Now/Goleta Prepárese Hoy newsletter and the city’s newsletter and other activities.

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ome to one of the most highly acclaimed beaches in the world, the City of Hermosa Beach (pop. 19,773) is seeking a new Public Works Director. This full-service urban coastal community in Los Angeles County spans 1.43 square miles and is one of the “greenest” cities in California. Reporting to the City Manager, the Director oversees a staff of 21 who support a full range of Public Works activities and services. The ideal candidate will be an empowering and collaborative manager with strong leadership skills. He/she will display an engaged and personable style coupled with outstanding interpersonal and communication skills. The individual selected will have a generalist background in Public Works with impressive depth and experience in managing capital projects. Five (5) years of progressively responsible and varied professional public works experience, including at least three (3) years of service in a supervisory or administrative capacity and a Bachelor’s degree are required. The current salary range is $123,600 - $143,100. Salary is supplemented by a performance bonus and attractive benefits package. This recruitment will close at midnight on Sunday, October 12, 2014. Visit our website for extensive information and to apply online – www.tbcrecruiting.com. Teri Black • 424.296.3111 Carolyn Seeley • 949.487.7606

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City of Hermosa Beach, CA

Contact: Luz Reyes-Martin, management analyst, Department of Neighborhood Services & Public Safety; phone: (805) 961-7558; email: lreyesmartin@cityofgoleta.org.

Public Works Director

“Goleta Prepare Now/Goleta Prepárese Hoy is essential in educating our community and giving people the confidence to protect themselves, their families and their neighbors,” says Luz Reyes-Martin, program manager for Goleta Prepare Now/ Goleta Prepárese Hoy. “We look forward to expanding and adapting this program to best serve Goleta in the future.” ■

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Congratulations to the 2014 Award Winners! BEACON SPOTLIGHT AWARDS ENERGY SAVINGS Dublin, Platinum, 31% Chula Vista, Platinum, 24% Pittsburg, Platinum, 22% Benicia, Gold, 11% Santa Cruz, Silver, 9% Palo Alto, Silver, 9% Sacramento, Silver, 6% Palo Alto, Platinum, 35%

BEACON AWARD WINNER

City of Palo Alto Silver Level 53% Agency Greenhouse Gas Emissions • 20% Community Greenhouse Gas Emissions • 35% Natural Gas Savings 9% Agency Electricity Savings • 60 Sustainability Best Practices

(Natural Gas Savings)

Dublin, Gold, 12% (Natural Gas Savings)

GREENHOUSE GAS REDUCTIONS Sacramento, 5%, Silver

BEST PRACTICE ACTIVITIES Pittsburg, Platinum Sacramento, Platinum Benicia, Platinum Dublin, Platinum San Carlos, Platinum Santa Rosa, Gold Santa Cruz, Silver Brea, Silver

Jim Keene, City Manager, Palo Alto; Nancy Shepherd, Mayor, Palo Alto; Chris McKenzie, Executive Director, League of California Cities

To learn more about the Beacon Award Program, please visit: www.ca-ilg.org/BeaconAward

This program is funded by California utility customers and administered by Southern California Gas Company, San Diego Gas & Electric Company, Pacific Gas and Electric Company and Southern California Edison, under the auspices of the California Public Utilities Commission.