Western City December 2016

DECEMBER 2016 |

The Monthly Magazine of the League of California Cities®

®

Religion in the Public Sector Workplace p.9 Bakersfield Creates Jobs for Homeless People p.7 A Primer on California City Revenues, Part Two p.11

www.westerncity.com

CONTENTS Calendar of League Events 2 3 Executive Director’s Message

Proposition 54 Launches a New Era of Legislative Transparency

Religion in the Public Sector Workplace

By David Urban

ublic employers often face situaP tions in which the religious beliefs of their employees become a major legal issue. This article explains applicable law and addresses some common scenarios.

By Dan Carrigg

The measure won’t put the “gut and amend” game out of business, but it helps California voters, journalists and the democratic process.

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9

City Forum

Open & Public: Newly Revised Guide to the Brown Act Now Available

By Eva Spiegel and Amanda Cadelago

ity officials, residents and journalC ists find this practical guide to be an invaluable resource.

6 News From the Institute for Local Government

ILG Releases Updated Ethics Resources

By Melissa Kuehne

To help local officials navigate complex state and federal laws, ILG recently updated two of its flagship ethics resources.

7 California Cities Helen Putnam Award for Excellence

Bakersfield Creates Jobs for Homeless People

Legal Notes

CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY

A Primer on California 11

City Revenues, Part Two: Major City Revenues

By Michael Coleman

nderstanding the essentials U of city finance is critical for city decision-makers. Elected officials find their job is easier when they can explain municipal finance’s basic elements to their constituents.

Job Opportunities 15 Professional Services 23 Directory

Cover image: Stained glass window, Gary Yim/Shutterstock.com

Providing California’s local governments with an effective tool for the timely financing of community-based public benefit projects.

Since 1988, more than 500 cities, counties and special districts use CSCDA as their conduit issuer and PACE funding provider.

The city and its partners created a model that helps communities use limited resources to solve multiple problems.

Sponsored by:

www.cscda.org

®

President JoAnne Mounce Council Member Lodi

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

First Vice President James Goodhart Council Member Palos Verdes Estates

Second Vice President Rich Garbarino Council Member South San Francisco

Immediate Past President L. Dennis Michael Mayor Rancho Cucamonga

Interim Executive Director Dan Carrigg

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

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

leaguevents January 2017 18–20

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

19–20

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.

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

Associate Editors Carol Malinowski Carolyn Walker

February

Design Taber Creative Group

8–10

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

Advertising Design ImagePoint Design For photo credits, see page 16.

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

Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2016 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume XCII, No. 12.

23–24

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

March 1–3

Planning Commissioners’ Academy, Los Angeles Tailored to meet the needs of planning commissioners, planning directors, planning staff and other interested officials, the academy offers sessions on the major planning and land-use issues facing cities.

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Supplied by Community Energy

FSC ® is an independent, not-for-profit organization that promotes environmentally appropriate, socially beneficial and economically viable forest management worldwide. Products with the FSC label are independently certified to ensure that they come from forests managed to meet the needs of present and future generations.

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Public Works Officers’ Institute & Expo, San Diego Designed for professionals at every career level, this conference covers the latest developments in public works.

League of California Cities

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

www.cacities.org

54

Executive Director’s Message by Dan Carrigg

Proposition

Launches a New Era of Legislative Transparency Of all the measures on the November ballot, the voters clearly recognized the benefits of Proposition 54, which passed by 64 percent and opens the door to a new era of legislative transparency. It will also benefit the League’s efforts to protect local control.

Most bills follow a laborious path through the Capitol, hearing by hearing, to receive approval on the floor and then cross to the other chamber to repeat the process.

After this process is complete, a bill must pass scrutiny by the governor before being signed into law.

It’s a marathon by design, as proposals for new laws are analyzed, critiqued and refined in a process that is completely transparent, and all stakeholders — including groups like the League — have a chance to

weigh in. That’s the legislative process as it is explained to the countless groups of schoolchildren who tour the Capitol.

Gut and Amend: A Problematic Shortcut But observers of the Legislature are aware of a shortcut in this lengthy and transparent process: “gut and amend.” Using this shortcut, a legislator — often at the behest of a powerful interest group — takes a bill that has been progressing through the process, guts or removes all of the bill’s contents and amends it by inserting a brand-new and completely different proposal. The most adept users of gut and amend typically wait for a time of crisis with multiple distractions and rushed

activity — for example, during the passage of the budget or the final days of the legislative session. At such times, if the right interest groups and key legislators are on board, a bill that has been gutted and amended can be moved in a matter of hours, sometimes late at night, without public review or hearings.

Prop. 54 won’t put the “gut and amend” game out of business, but it helps California voters, the media and the democratic process by shining some light on these activities. It requires all bills to be in print in final form for at least three days before the bill can pass a house in the Legislature.

Though three days won’t halt all gut and amend activity, it will give more time for the media and stakeholder groups like continued

Voters value transparency and expect it from their elected officials at every level of government.

www.westerncity.com

Western City, December 2016

3

Proposition 54 Launches a New Era of Legislative Transparency, continued

A bill that has been gutted and amended can be moved in a matter of hours without public review or hearings.

The Best Legal Resource for Cities

the League to react to harmful proposals.

If needed, the Legislature can still move quickly but only to respond to legitimate emergencies and disasters declared by the governor.

The measure also makes the legislative process more transparent by requiring the Legislature to post online a video record — within 24 hours — of every legislative meeting that is supposed to be open to the public. While many hearings are televised, sometimes those addressing sensitive topics are not. The videos will be kept online, freely available for public viewing, for at least 20 years. This will provide a valuable resource for the public, the media and the academic community and will help voters more closely track their legislators’ actions.

The League’s Role in the Measure’s Genesis

An online resource for information about emerging issues in Public Sector Law

www.BBKnowledge.com

A service of California’s leading public agency law firm Best Best & Krieger

City officials played a vital role in crafting what ultimately became Prop. 54.

They were upset about the passage in 2011 of SB 89, a gut and amend bill that swept away all remaining city shares of Vehicle License Fees. At the League’s 2011 Annual Conference, they adopted a resolution demanding increased legislative transparency. In response, the League helped craft and refine several legislative measures that were quickly killed; however, former Assembly Republican Leader and Senator Sam Blakeslee continued to focus on this issue after he was termed out of office. Blakeslee provided the major impetus behind crafting Prop. 54 and obtaining the financial backing needed to bring it to fruition.

The transparency provided by Prop. 54 will help produce better laws. The League thanks Sam Blakeslee and other supporters of the measure for putting this proposal before the voters, who value transparency and expect it from their elected officials at every level of government. ■

Indian Wells | Irvine | Los Angeles | Ontario | Riverside Sacramento | San Diego | Walnut Creek | Washington, D.C.

www.BBKlaw.com

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League of California Cities

www.cacities.org

Open & Pu blic V A GU IDE T O

Open & Public: Newly Revised

THE R ALPH M. RE

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Guide to the Brown Act Now Available

by Eva Spiegel and Amanda Cadelago Transparency and open government are the cornerstones of a strong democracy. Public access to information and the decision-making process gives citizens the information and insight needed to foster civic engagement and ensure accountability. The League has long been committed to providing tools and resources that help mayors, council members and city staff work effectively within a framework of openness and transparency to address the needs of their communities.

Open & Public V: A Guide to the Ralph M. Brown Act is one such tool, developed and originally published in 1989 by the League’s City Attorneys’ Department Brown Act Committee. City officials, residents and journalists find this practical guide to be an invaluable resource.

The recently updated fifth edition of Open & Public explains the current provisions of California statutes and case law as of April 2016 and includes — for the first time — an annotated copy of the Brown Act. The publication covers: • Public participation in meetings; • Informal gatherings; • Public notice of meetings; • Agenda requirements; • Records and recordings; • The public’s place on the council agenda; • Labor negotiations; and • Closed meetings.

Brown Act Committee Chair Michael Jenkins also serves as city attorney for

Hermosa Beach, Rolling Hills and West Hollywood. Reflecting on this perennially popular League publication, Jenkins says, “Open & Public is a must-read for anyone interested in understanding the requirements of the Brown Act, California’s sunshine law. Though its subject is the law, the publication is oriented specifically for a lay readership to make the requirements of transparent local government easy for everyone to understand and practice.”

Open & Public V: A Guide to the Ralph M. Brown Act can be purchased online at www.cacities.org/publications for $35 per copy or $30 per copy for orders of 15 or more. The price includes tax, shipping and handling.

Additional Resources Another helpful publication, The People’s Business: A Guide to the California Public Records Act, provides comprehensive information about the process of public records requests and how to respond. It addresses in detail the requirements of the California Public Records Act, which is central to conducting government operations in a

transparent and open manner. The League offers this and additional resources at www.cacities.org/opengovernment for city officials and others who are interested in learning more about open government and transparency in California.

The Institute for Local Government (ILG), the League’s nonprofit research affiliate, also provides a variety of helpful publications and webinars that address ethics, public trust and transparency. In addition, ILG conducts AB 1234 (Chapter 700, Statutes of 2005) ethics training, in which the law requires elected officials to participate periodically. The ILG ethics and transparency website page covers: • Promoting personal and organizational ethics; • Understanding public service ethics laws; • Ethics education; • Transparency strategies; • Ethics tools; and • A complete archive of the “Everyday Ethics for Local Officials” columns, which appeared in Western City from 2002–14.

Visit www.ca-ilg.org/ethics-transparency for access to ILG’s comprehensive resources. ■

Eva Spiegel is communications director for the League and can be reached at espiegel@cacities.org. Amanda Cadelago is marketing manager for the League and can be reached at acadelago@cacities.org. www.westerncity.com

Western City, December 2016

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ILG Releases Updated Ethics Resources

by Melissa Kuehne State and federal law create a complex set of requirements that guide California elected officials and agency staff in serving their communities. To help local officials navigate these laws, ILG recently updated two of its flagship ethics resources: Understanding the Basics of Public Service Ethics Laws (www.ca-ilg.org/ethicsbasics) and Ethics Law Principles for Public Servants: Key Things to Know (www.ca-ilg.org/ethicsprinciples). Both publications are available as free downloads.

The 2016 update ensures that these resources reflect current California law and regulations. The two publications include information about fair processes, transparency, consequences, federal ethics laws and regulations related to personal gain, gifts and other perks.

AB 1234 Ethics Training California law (AB 1234, Chapter 700, Statutes of 2005) requires local officials to be trained periodically about public service ethics laws and principles. ILG offers training and selftest options, including two one-hour self-study exercises, to help local officials comply with this law. The self-study materials can also be used to make up for time missed at in-person sessions if the official either arrived late or left early. Visit www.ca-ilg.org/ ab1234selfstudy to learn more.

ILG also works with cities to train local officials and staff. Contact ethicsmailbox@ca-ilg.org for more information on how to schedule an ethics workshop in your area.

The next scheduled AB 1234 training for League members will be conducted in January 2017 at the New Mayors and Council Members’ Academy in Sacramento.

The law provides an ethical floor — not a ceiling — for elected officials. To assist cities that want to go beyond the requirements of ethics law, ILG developed the Good Governance Checklist (www.ca-ilg.org/goodgovernance). The checklist helps local officials and staff: • Identify practices they can implement to promote public trust and confidence; • Comply with California law; and

Ethics Webinars and More

• Minimize the risk of missteps that can undermine public trust.

ILG recently completed a series of webinars on ethics-related topics, including:

ILG also offers an archive of informative articles from its “Everyday Ethics for Local Officials” series that appeared in Western City from 2002 through 2014. The articles analyze common ethical dilemmas and offer helpful tips for public officials. Find all of the “Everyday Ethics” columns at www.ca-ilg.org/everydayethics.

• Form 700 and Recent Updates to FPPC Regulations; • Promoting Personal and Organizational Ethics; • Abstentions and Disqualifications: Conflicts of Interest and When to Step Aside; and • The Brown Act.

To learn more about ILG’s ethics and transparency work, visit www.ca-ilg.org/ethics. ■

These webinars can be accessed at www.ca-ilg.org/pastwebinars.

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

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League of California Cities

www.cacities.org

Bakersfield Creates Jobs for Homeless People Bakersfield, located in the southern Central Valley, is the ninth largest city in the state of California, with a population of nearly 380,000 residents. In 2013 state budget cuts affected Caltrans’ ability to clean up litter on highways, and the highways that pass through Bakersfield were soon strewn with discarded trash and debris.

Designing a Creative Solution Under the leadership of Mayor Harvey L. Hall and with the support and collaboration of the Keep Bakersfield Beautiful (KBB) Committee, the city launched a freeway litter cleanup project. Volunteers gathered regularly to be transported to designated highway ramps where they collected trash.

Though these efforts were successful, safety precautions prevented cleanup on larger portions of the local highways.

Bakersfield’s need to restore cleanliness to its local highways led to the development and implementation of a solution that far exceeded the initial goal of eliminating highway litter. The city’s Solid Waste Division partnered with KBB, the Bakersfield Homeless Center (BHC), Caltrans, Kern Council of Governments and local businesses to solve the highway litter problem by creating jobs for homeless people.

Through the city’s Adopt-A-Highway program, KBB provided the mechanism for gathering additional donations to fund the program. The private sector enthusiastically embraced the notion that small, charitable contributions could help put homeless individuals to work and improve the city’s image. KBB collected $40,000 in sponsorships and donations, and its first cleanup crew of six clients immediately went to work.

In May 2013 the city established an agreement with BHC that provided $556,000 in funding for crews of BHC clients to serve as a workforce providing litter cleanup on local highways. Concurrently, Bakersfield approved an agreement with Caltrans and the Kern Council of Governments, which provided $352,000 of additional funding for the program.

Benefits Extend Beyond Beautification Though this partnership has successfully addressed the city’s highway litter problem, its positive effects have extended beyond clean highways. Mayor Hall says, “The program had another visible effect — on the workers.” continued on page 21

The City of Bakersfield won the League Partners Award for Excellence in City-Business Relations in the 2016 Helen Putnam Award for Excellence program. For more about the award program, visit www.helenputnam.org.

Caltrans has used the city’ s pilot program as a model.

www.westerncity.com

Western City, December 2016

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Religi

Public Sect 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.

ion

in the

tor Workplace

by David Urban

C

hristianity, Judaism, Islam, Buddhism and Hinduism are typically cited as the major religions of the world, though many other faiths have tens of millions or more adherents. The United States has no official established religion and since its founding has guaranteed its citizens the right to free choice and exercise of religion.

For state agencies and local governments, these principles are not just abstractions but issues that can arise in daily work.

Public employers often face situations in which the religious beliefs of their employees become a major legal issue.

The U.S. Constitution, the California Constitution, and state and federal statutes all set boundaries that can guide public agencies in how to address these issues but, unfortunately, the lines are often blurry. What constitutes a “religion� can be the subject of legal debate.

The scenarios can also involve firmly held, personal beliefs on matters ranging in significance from the timing of daily religious practices to the very meaning of life. Accordingly, workplace conflicts in this area can quickly escalate into matters of high emotional intensity that affect morale, harm productivity and can easily develop into a grievance or lawsuit.

This article explains the primary legal doctrines related to religion in the public sector workplace and addresses some common scenarios.

What are a public agency’s options if employees seek to proselytize in the public sector workplace?

What if an employee spends a substantial amount of time in the government workplace talking to co-workers about religion? What if he or she uses the email system to invite co-workers to religious continued on page 17

David Urban is senior counsel for the law firm of Liebert Cassidy Whitmore and can be reached at durban@lcwlegal.com.

www.westerncity.com

Western City, December 2016

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A

Primer on

California

C i t y Revenues by michael coleman

Michael Coleman is principal fiscal policy advisor to the League and can be reached at coleman@muniwest.com. More information on city finance is available at www.californiacityfinance.com. Coleman comments on local government finance topics on Twitter (@MuniAlmanac) and Facebook (www.facebook.com/MuniAlmanac).

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League of California Cities

www.cacities.org

part two: major city revenues

Part One, which appeared in the November 2016 issue, examined revenue basics and can be found online at www.westerncity.com.

sales tax: how much goes to your city?

major city revenues Sales and Use Tax. The sales tax an individual pays on a purchase is collected by the state Board of Equalization and includes a state sales tax, the locally levied Bradley-Burns sales tax and several other components. The sales tax is imposed on the total retail price of any tangible personal property. State law provides a variety of exemptions to the sales and use tax, including resale, interstate sales, intangibles, food for home consumption, candy, bottled water, natural gas, electricity and water delivered through pipes, prescription medicines, agricultural feed, seeds, fertilizer and sales to the federal government. A use tax is imposed on the purchaser for transactions in which the sales tax is not collected.

Sales and use tax revenue received by cities is general purpose revenue and is deposited into a city’s General Fund. continued www.westerncity.com

Add-On Transactions & Use (e) (varies) 0.50% City or County (a) 1.00% County Transportation (b) 0.25% Prop. 172 Public Safety (c) 0.50%

State General Fund 3.9375%

County Realigned Programs (d) 1.5625% a. The local 1 percent rate is allocated based on a "point of sale" or "situs" of the sales transaction. The local rate goes to the city or unincorporated county area where the transaction occurs. b. The 0.25 percent rate for county transportation programs is allocated to the county in which the transaction occurs. c. Proposition 172 of 1993 established a 0.5 percent state sales tax to fund public safety programs (sheriff, police, fire, district attorney, etc.) to mitigate the impacts on those programs of state shifts of property tax revenues. d. In 1991 the California Legislature enacted a realignment of state and county programs, assigning various health and welfare program responsibilities to counties and providing funding for those programs including a 0.5 percent portion of the state-imposed sales and use tax rate. In 2011 the California Legislature enacted another realignment of state and county programs, assigning various corrections and rehabilitation program responsibilities to counties and providing funding for those programs, including a 1.0625 percent portion of the state-imposed sales and use tax rate. e. Some counties and some cities have imposed additional "transactions and use" tax rates, which may total no more than 2 percent in counties other than Los Angeles, Contra Costa and Alameda. In Los Angeles, Contra Costa and Alameda counties, the maximum combined additional rate is 2.5 percent.

Western City, December 2016

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A Primer on California City Revenues, Part Two: Major City Revenues, continued

Although cities vary widely, sales and use tax revenue provides on average 30 percent of city general purpose revenue — and often as much as 45 percent.

• The historic (1978) tax rates of the city in relation to other local taxing entities. City property tax revenues are also affected by local property values.

Cities and counties may impose additional transaction and use taxes in increments of 0.125 percent with two-thirds city council approval and majority voter approval for a general tax; a special tax requires two-thirds voter approval. The combined rate of the city and county transaction and use taxes is capped at 2 percent in most counties.

Property Tax in Lieu of Vehicle License Fee (VLF). The VLF is a tax imposed by the state on the ownership of a registered vehicle in place of taxing vehicles. Cities receive additional property tax to replace VLF revenue that was cut when the state permanently reduced the VLF in 2004.

This property tax in lieu of VLF grows with the change from the prior year in gross assessed valuation of taxable property in the jurisdiction. Property tax in lieu of VLF allocations is in addition to other property tax apportionments.

Property Tax. The property tax is an ad valorem (value-based) tax imposed on real property and tangible personal property. State law provides a variety of exemptions to the property tax, including most government-owned property; nonprofit, educational, religious, hospital, charitable and cemetery properties; the first $7,000 of an owner-occupied home; business inventories; household furnishings and personal effects; timber; motor vehicles, freight and passenger vessels; and crops and orchards for the first four years.

California Constitution Article XIIIA (Proposition 13) limits the property tax to a maximum 1 percent of assessed value, not including voter-approved rates to fund debt. The assessed value of property is the base year value plus the value of any improvements, plus annual inflation capped at 2 percent per year. The base year value is the value at the most recent sale or the 1975–76 market value. Property that declines in market value may be temporarily reassessed at the lower value.

Property is reassessed to current full value upon change in ownership (with certain exemptions). Property tax revenue is collected by counties and allocated according to state law among cities, counties, school districts and special districts.

The share of property tax revenue allocated to a city varies depending on a variety of factors, including: • The service responsibilities of the city (for example, in a city where fire services are provided by a special district, the city receives a lower share, with a portion of the property tax revenues going instead to the special district); and

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League of California Cities

Property tax revenue (including property tax in lieu of VLF) accounts for more than one-third of general revenue for the average full-service city. For cities that do not fund fire service, property tax revenue represents on average 25 percent of general revenue.

Business License Tax. Most cities in California levy a business license tax.

Tax rates are determined by each city, which collects the taxes. Business license taxes are most commonly based on gross receipts or levied at a flat rate but are sometimes based on the quantity of goods produced, number of employees, number of vehicles, square footage of the business or some combination of factors. In all cases, cities have adopted their tax as a general tax. On average, the business license tax provides about 3 percent of city general revenue and often as much as 6 percent. For businesses that operate in more than one city, state or county, cities can impose a business license tax on only that portion of the business transacted in that city.

Transient Occupancy Tax (TOT) or “Hotel Bed” Tax. More than 400 cities in California impose TOT on people staying for 30 days or less in a hotel, inn or other lodging facility. Rates range from 3.5 to 15 percent of the lodging cost. In nearly all cases, cities have adopted these as general taxes, but some cities make a point of budgeting the funds for tourism or business development-related programs.

Responsibilities Differ Among Cities — and Consequently, So Do Budgets Comparing revenues and expenditures of different cities can be difficult because cities vary according to the needs of their constituents, the nature of the local economy and the city’s service and financial responsibilities. Less than 25 percent of California cities are full-service cities, responsible for funding all of the major city General Fund-supported services such as police, fire, library, parks and recreation and planning. In about three out of 10 California communities, a special district provides fire services with property tax revenue that would otherwise go to the city. In six out of 10 California cities, another public agency provides and funds library services.

Allocations of property taxes among local agencies vary from place to place due to differences in the service responsibilities among agencies serving different areas and differences in the tax rates enacted by those agencies prior to Prop. 13, which passed in 1978. Full-service cities generally receive higher shares than those that do not provide the complete range of municipal services. For example, in a city where fire services are provided by a special district, the city gets a lower share, and a portion of the property tax revenues goes instead to the special district.

Property tax revenues among jurisdictions are also, of course, dramatically affected by differences in the assessed value of properties.

www.cacities.org

Among cities that impose a TOT, it provides 7 percent on average of a city’s general revenues and often as much as 17 percent.

Utility User Tax (UUT). More than 150 cities (collectively representing a majority of the state’s population) impose a utility user tax. UUT rates vary from 1 to 11 percent and are levied on the users of various utilities, which may include telephone, electricity, gas, water and cable television.

For cities that impose the UUT, it provides an average of 15 percent of general revenue and often as much as 22 percent.

sales and use tax revenue provides on average 30 percent of city general purpose revenue — and often as much as 45 percent.

Parcel Tax. This is a special non-valuebased tax on property, generally based on either a flat per-parcel rate or a variable rate depending on the size, use or number of units on the parcel. Parcel taxes require two-thirds voter approval and are imposed for a variety of purposes, continued

Mark Adler Managing Director 310 297-6010 mark.j.adler@pjc.com

Tom Innis Managing Director 415 616-1635 thomas.p.innis@pjc.com

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

Tony Rapista Vice President 310 297-6031 anthony.l.rapista@pjc.com

www.westerncity.com

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

Western City, December 2016

13

A Primer on California City Revenues, Part Two: Major City Revenues, continued

including police and fire services, parks, libraries and open space protection. Parcel taxes provide less than 1 percent of city revenues statewide.

Rents, Royalties and Concessions.

Examples of revenues generated through the use of city property include royalties from natural resources taken from city property, the sale of advertising in city publications, payments from concessionaires operating on city property, facility rentals, entry charges, on- and off-street parking charges and even golf fees.

Franchises. In lieu of rent, franchise fees are collected from refuse collectors, cable television companies and utilities for the use of city streets. Some franchise charges are limited by statute.

Fines, Forfeitures and Penalties. Cities receive a share of fines and bail forfeitures from misdemeanors and infractions committed within city boundaries. State law determines the distribution and use of state-imposed fines and forfeitures, but cities determine penalties for violations of their municipal codes.

Service Charges and Fees. Cities have authority to impose fees, charges and rates for services and facilities they provide, such

Trends in California City Finance • State and federal aid to California cities is declining, down from 21 percent of a city’s budget in 1974–75 to less than 10 percent today. Nearly all state and federal aid today is earmarked for specific purposes; • The sales tax base is declining relative to population and inflation growth, due to the gradual shift toward a service-oriented economy; • Voter-approved provisions in the state Constitution limit the types, approval procedures and use of local taxes, fees and other charges; • State population growth is higher in cities than in unincorporated areas; • Cities must respond to residents’ demand for a greater array of services that bring with them additional costs and new challenges (high tech, cable, transit, pollution control, etc.); • Spending on police and fire services is up largely due to employee pension and retiree health-care costs; and • Infrastructure improvements and maintenance are lagging.

as plan checking or recreation classes.

Use of these revenues is limited to paying for the service for which the fees are collected, but may include overhead, capital improvements and debt service.

Regulatory fees pay for the cost of issuing licenses and permits, performing investigations, inspections and audits and the administrative enforcement of these

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

License No. 0451271

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League of California Cities

Innovative Solutions. Enduring Principles.

activities. Examples include a fee to pay for the cost of processing pesticide license applications or a fee to inspect restaurants for health and safety compliance.

City utilities and enterprises supported by service fees constitute a substantial portion of most city budgets. These include water, sewer, electricity and solid waste services. In some cities, a public or private agency other than the city provides and funds these services. and there’s more City budgets can be bewildering. Myriad laws and limitations make city funding a very complicated subject. Understanding the essentials of city finance is critical for any city decision-maker. Elected officials find their job is made easier when they are able to explain the basic elements of municipal finance to their constituents. ■

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

www.keenan.com

www.cacities.org

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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.

Creating Staffing Solutions in 2016!

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visit www.westerncity.

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FROM MAINTENANCE WORKER TO CITY MANAGER We Fill All Positions in Municipal Government!

Call Us Toll Free 1-866-406-MUNI (6864) www.munitemps.com Located on the desirable San Francisco Mid-Peninsula in Silicon Valley, the City of Belmont announces recruitment for the position of

Deputy Finance Director Annual Salary Range: $114,243 – $145,799 effective January 2017, plus a comprehensive benefits package

Closing date: January 6, 2017 To learn more and apply online go to www.belmont.gov/HR. For assistance, please contact Laura Kirby, HR Analyst, at lkirby@belmont.gov, or call (650) 595-7452.

Candidates must possess a valid Certified Public Accountant’s license or equivalent.

www.westerncity.com

City Manager, City of Greenfield, CA The City of Greenfield is a community of approximately 23,000 residents located in the heart of California’s Salinas Valley, in Central California’s agricultural salad bowl at the foothills of the Pinnacles National Park. The City Council is now seeking an experienced administrator and effective leader who can help the Council and Community move toward its potential while coordinating the activities of a municipal organization. The ideal candidate will be a forwardthinking visionary and problem-solver; a candidate who can think analytically, act strategically, and who has the ability to deal constructively with conflict and identify and develop solutions to meet future City needs and services effectively. Candidates with strong fiscal and budgetary skills are highly desired, as are candidates with prior experience and demonstrated accomplishments in strategic planning, goal-setting, economic development, and land use issues. At minimum, candidates must possess the equivalent to graduation from a four-year college or university with major course work in public or business administration, public policy, finance, or a field related to the work and have significant management or administrative experience in a municipal or other public agency setting; any combination of education, experience, and training which demonstrates the knowledge, skills, and ability to perform the duties of this position is qualifying. A Master’s degree in a related field and experience in working with an elected Council or Board is highly desirable. Candidates must possess a valid California Class C Driver’s License and have a satisfactory driving record. The annual salary for this position is open, DOQ. If you are interested in this outstanding opportunity, please visit our website at www.bobmurrayassoc.com to apply online.

Closing date December 2, 2016.

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

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COUNTY OF SISKIYOU Siskiyou County is located in inland northern California, adjacent to the Oregon border and features spectacular natural beauty and scenic cities and towns. The County is one of the most ecologically diverse regions in the world. It sites the “meeting” of several western mountain ranges and the transitional mixing of various habitat types. Siskiyou County offers a magnificent outdoor lifestyle.

COUNTY COUNSEL The County Counsel has responsibility for managing and directing the services of the County Counsel Department and serves as chief legal advisor for the Board of Supervisors and County departments. The County Counsel also conducts and oversees litigation for the County, attends Board meetings and oversees the preparation of contracts and other legal documents. The ideal candidate will have five or more years of experience in the practice of civil law with a California public agency or a firm that supports public agencies, including at least two years in a management, supervisory or administrative capacity. The County Counsel must have active membership in good standing with the State Bar of California.

DIRECTOR OF COMMUNITY DEVELOPMENT The Community Development Director plans, organizes, manages and directs the activities and operations for the Community Development Block Grant Administration, Environmental Health, Building, and Planning. The Director also coordinates with the County Administrator, Board of Supervisors, Planning Commission, management staff, other County departments, governmental agencies and business liaisons to manage and accomplish the complex functions of the agency. A Bachelor’s degree with major coursework in public administration, environmental health, planning or a related field and seven years of progressively responsible experience in administration, planning, or a large and complex organization with at least five years in a management capacity is required.

For more details, please see the formal job announcements, which include salary and benefits details and the final filing date at http://www. averyassoc.net.

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Public Works Director/City Engineer City of Red Bluff, CA The City of Red Bluff, California (population 14,000) is located approximately 125 miles north of Sacramento and is the county seat of Tehama County. The City is now seeking an experienced and effective leader with strong interpersonal skills for its Public Works Director/City Engineer.

The ideal candidate will be a strong, but flexible and easy-going leader with a commitment to service, and someone who understands and values the City’s small town culture. A candidate with considerable knowledge of civil engineering principles, practices, and methods as applicable to a municipal setting and thorough knowledge of applicable City policies, laws, and regulations affecting departmental activities is ideal. At minimum, candidates must possess a bachelor’s degree from an accredited four-year college or university in Civil Engineering or a closely related field and have five (5) years of responsible experience in the management of public works programs, preferably including supervision and development of supervisory, professional, and technical employees and two (2) years extensive and responsible experiences in the management and supervision of subordinate public works employees. Professional registration as a Civil Engineer issued by the California State Board of Registration for Professional Engineers is also required. A license to practice Land Surveying is desirable. Candidates must possess, or have the ability to obtain, a valid California driver’s license. The salary for this position is DOQ. If you are interested in this outstanding opportunity, please visit our website at www.bobmurrayassoc.com to apply online. If you have any questions, please contact Ms. Valerie Phillips at (916) 784-9080.

Closing date December 30, 2016.

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

General Manager

Pasadena Water & Power

S

erving a residential population of 140,000 and a daytime population of 240,000, the City of Pasadena is located 10 miles northeast of downtown Los Angeles in the foothills of the San Gabriel Mountains.

The 23-square mile city is ethnically and culturally diverse and is consistently recognized for its livability and outstanding quality of life. Pasadena Water and Power is a community-owned utility that supplies water and electricity to residents and businesses in the city and outlying areas. The department is supported by an annual operating budget of $272.8 million and 443 FTE. Pasadena is seeking a utilities professional who is well-versed in administrative and operational industry best practices. He/she will be a talented leader of change and an exceptional people manager known for setting high standards and inspiring employees to do their best work. A minimum of five (5) years of progressively responsible management experience in a comparable organization and a Bachelor’s degree are required.

Salary range $204,006 - $255,008. Salary is supplemented by an attractive benefits package. This recruitment will close on Sunday, January 8, 2017. Visit www.tbcrecruiting.com for detailed brochure and to apply online.

Teri Black • 424.296.3111 Bradley Wardle • 650.450.3299

Photo/art credits

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

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Cover: Gary Yim/Shutterstock.com

Pages 8–9: Gary Yim/Shutterstock.com

Page 3: Tupungato/Shutterstock.com

Pages 10–11: Bill Ragan/Shutterstock.com; color treatment, Taber Creative Group

Page 4: Sandra Cunningham/Shutterstock.com Page 5: Top, Evgeny Karandaev/Shutterstock. com; publication cover, Image Point Design Page 6: Mimagephotography/Shutterstock.com

Pages 17 & 18: Icons, Cube29/Shutterstock.com Page 21: Courtesy of the City of Bakersfield and League of California Cities

Page 7: Photo, courtesy of the City of Bakersfield and League of California Cities; background textures, Ilolab/Shutterstock.com and Hakki Arslan/Shutterstock.com

www.cacities.org

Religion in the Public Sector Workplace, continued from page 9

events or to explain positions on matters of faith? These questions involve all of the sources of law mentioned earlier. Specifically, the First Amendment of the U.S. Constitution prevents the government from:

Legal issues related to religion in the

• Creating an “establishment” of religion;

dimension for the individuals concerned.

• Prohibiting the “free exercise” of religion; and • Abridging freedom of speech (including certain speech in the government workplace).

The California Constitution contains similar provisions. Title VII, a federal civil rights statute, and California’s Fair Employment and Housing Act (FEHA) prohibit employers, both public and private, from discriminating against employees on the basis of religion and require reasonable accommodation of employee religious practices.

The laws sometimes appear to conflict — public employers cannot use their resources to promote religion (under the “establishment” clause) but cannot discriminate against employees on the basis of religion (under Title VII and the FEHA) and are restricted in their ability to allow expression of some viewpoints but not others (under constitutional free speech law), including views on matters of faith.

Given these potentially contradictory requirements, how does a public employer respond to employees who wish to speak, email or otherwise communicate about religion in the workplace? One approach many employers use is to establish a policy limiting employees’ use of work time and the employer’s email system to work-related matters only (typically with an allowance for incidental personal use and an exclusion for use mandated by labor relations laws). In accordance with this type of rule, employees may freely express their views on their own time as long as they do not interfere with the work of others. But if an employee spends too much time at work talking with coworkers about non-work-related matters, including religion, this can be addressed as a violation of the policy. This also applies to use of the employer’s email system.

workplace can have a strong emotional

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CITY OF BALDWIN PARK JOB OPPORTUNITIES Baldwin Park, the hub of the San Gabriel Valley, is located 20 miles east of Los Angeles and is seven square miles.

Director of Community Development

Annual Salary: $129,422 or DOQ | Plus the City offers a competitive benefits package.

The ideal candidate will possess at least five years of progressively responsible experience in the administration of economic development, planning, building and safety, and housing authority, including significant supervisory experience; Bachelor’s degree in business/public administration, urban studies, planning, or closely related field; Master’s degree is preferred.

Director of Public Works/City Engineer

Annual Salary: $157,557 or DOQ | Plus the City offers a competitive benefits package.

The ideal candidate will possess at least six years of progressively responsible experience in public works and engineering administration, including significant supervisory experience; Bachelor’s degree in civil engineering; California certificate of registration as a Professional Civil Engineer; Master’s degree is preferred.

For detailed brochure and application requirements, visit www.baldwinpark.com Filing deadline: Apply Immediately — Open until filled

Deputy Director, Capital Programs Alameda County, CA Alameda County is the geographic center of the San Francisco Bay Area, located on the east side of the Bay across from the San Francisco peninsula. The Alameda County General Services Agency is currently seeking a dynamic and engaging leader with excellent written and oral communication skills to be its Deputy Director, Capital Programs. A steady, service and results-oriented individual capable of guiding an entire department and who has experience in the public sector, with the public contract code, and with building codes and building policies is sought. At minimum, candidates must possess a Bachelor’s degree from an accredited college or university in Public Administration, Business Administration, Accounting, Finance, Marketing, Economics, or in a related field. A master’s degree from an accredited college or university may be substituted for two (2) years of the required eight (8) years’ full-time professional-level supervisory and administrative experience. The equivalent of eight (8) years full-time professional-level supervisory and administrative experience, including budget preparation; program management; and directing the design, construction, installation, or maintenance of a large variety of commercial and institutional facilities involving energy efficiency equipment, multi-faceted environmental risk assessment, or complex remediation issues is also required. Completion of the Alameda County Management Academy “Management and Supervision Certificate Program” may substitute for six (6) months of the required experience. A valid California Motor Vehicle Operator’s license is required. The salary range for this position is $68.94 - $83.85 Hourly/$143,395.20 - $174,408.00 Yearly, DOQ. If you are interested in this outstanding opportunity, please visit Alameda County’s website at www.jobaps.com/alameda to apply online.

Closing date December 19, 2016.

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

continued www.westerncity.com

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Religion in the Public Sector Workplace, continued

An employer should be proactive and diligent in considering accommodations and cautious in asserting the defense of undue hardship.

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Procurement Administrator, Alameda County, CA Alameda County is the geographic center of the San Francisco Bay Area, located on the east side of the Bay across from the San Francisco peninsula. The Alameda County General Services Agency is currently seeking an experienced professional with strong leadership capabilities to be its Procurement Administrator. A dynamic and engaging leader, capable of guiding the entire department, is sought. The ideal candidate will have demonstrated experience in program, policy, and procedural development and implementation and experience working in the public sector and in a union environment. At minimum, candidates must possess a Bachelor’s degree from an accredited college or university in Public Administration, Business Administration, Accounting, Finance, Marketing, Economics, Purchasing, Supply Chain Management, or in a related field, and the equivalent of four (4) years’ experience in the class of Manager, Purchasing Division or the equivalent of seven (7) years recent professionallevel experience managing and supervising a large purchasing operation of a variety of materials, supplies, and equipment, which included budget preparation and program planning. The completion of the Alameda County Management Academy “Management and Supervision Certificate Program” may serve as a substitute for six (6) months of the required qualifying experience. A valid California Motor Vehicle Operator’s license is required. CPM (Certified Purchasing Manager), CPPO (Certified Public Purchasing Officer), or CPSM (Certified Professional in Supply Management) certification desirable. The salary range for this position is $57.58 - $73.13 Hourly/$119,766.40 - $152,110.40 Yearly, DOQ. If you are interested in this outstanding opportunity, please visit Alameda County’s website at www.jobaps.com/alameda to apply online.

Closing date December 19, 2016.

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

CITY OF SANTA ROSA The City of Santa Rosa is located just 55 miles north of San Francisco and 30 miles east of the Pacific Ocean with a population of approximately 170,000. Santa Rosa boasts many attractions associated with large cities, including a performing arts center, theater productions and internationally-recognized restaurants, yet still retains the warmth and small town feel.

The Director of Human Resources reports to the City Manager and is responsible for the delivery of innovative and timely HR services and leadership, serving as the City’s Personnel Officer and Secretary to the Personnel Board. He/she will be tasked DIRECTOR with the implementation of a Citywide webWilliam Avery & Associates Performance Appraisal Solution. In OF HUMAN based Management Consultants addition, the implementation of a Citywide RESOURCES centralized safety program designed to 31/2 N. Santa Cruz Ave., Suite A reduce workers’ comp costs and enhance Los Gatos, CA 95030 compliance and safety is a major goal. However, it is the preparation 408.399.4424 for and participation in the upcoming data-driven negotiation cycle with Fax: 408.399.4423 all 13 represented bargaining units and two unrepresented that will be a email: jobs@averyassoc.net significant focus for the Director. www.averyassoc.net The selected candidate will possess a combination of education and experiences that has provided the knowledge, skills and abilities necessary for this role. A proven track record with sufficient years of general HR administration experience and the equivalent to a Bachelor’s degree from an accredited college or university in a related field are required. For more details, please see the formal job announcement, which includes salary and benefits details and the final filing date at http://www.averyassoc.net.

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League of California Cities

Lengthy emails on religious topics can be found to violate the policy, not because of the viewpoint expressed, but because they are not work-related.

What if employees seek to take time out for prayer meetings during the workday or on the agency’s property?

This raises the same concerns as the previous scenario. The First Amendment and the California Constitution limit a public agency’s ability to curb employee free speech and association. But again, the use of government property to promote religion can infringe principles of separation of church and state and violate the First Amendment’s establishment clause.

A public employer making special accommodations for and expending resources to support prayer meetings can be problematic, because it could easily be viewed as the government promoting religion.

To navigate these challenges, many government employers adopt an approach similar to that described in the previous section.

They allow employees to use a break room or facility to talk about basically any topic on their own time. Employees can then use the break room for prayer to the same extent employees are allowed to use the room to talk about any other type of topic.

For example, if employees are allowed to use empty areas to congregate on their own time and plan social events, employees should not be prohibited from using the area just because their speech happens to be about religion.

This is the simple answer; many circumstances will present issues that are not easily resolved. If organized religious activities by some employees tend to create a hostile environment for other employees, this will raise concerns under state and federal laws prohibiting workplace www.cacities.org

Public employers often face situations in which the religious beliefs of their employees become a major legal issue. harassment. Also, as described in the next section, an employee may reasonably come forward and explain that his or her religion requires prayers at particular times during the workday and request a particular type of accommodation. Federal and state statutes require reasonable accommodation of religious practices, and the employer must evaluate the situation carefully to comply with those laws.

What if employees request workplace accommodations for religious dress or practices?

One of the most important and sometimes confusing obligations employers face is responding to requests for workplace accommodations based on religion.

Requests can include those related to religious dress — for example, headscarves, turbans or burqas. Others can be more difficult. What if an employee requests for religious reasons to carry a kirpan — a Sikh symbolic sword or knife that is supposed to be worn at all times — in the workplace and even in areas where weapons are prohibited? What if an agency employee asks to have religious icons or images in offices or cubicles visible to the public whom the employee serves?

Similar issues can arise related to Christmas or other holiday decorations, Bible quotations or religious content as part of workplace communications, refusals to take certain oaths or requests not to work on certain days of the week.

First, look to California law for answers. In general, it requires reasonable accommodation of employees’ religious grooming and practices unless accommodation would impose an “undue hardship.” This obligation includes the employer’s exploring “the possibilities of excusing the person

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Happy Holidays!

Thank you to all our incredible clients and candidates for an amazing 2016. We are endlessly grateful for your confidence and trust and are proud to represent you! ~ Wishing you a wonderful holiday season ~ The TBC Team Teri • Joe • Tracey • Lucia • Julie • Brad • Ingrid • Cindi • Emily 424.296.3111

Deputy Director, Police Department Bureau of Technical Services, City of San José, CA Recognized throughout the world as a center of technology and innovation, the City of San José is considered the Capital of Silicon Valley and is one of the most diverse large cities in the United States. The City is currently seeking a Deputy Director for the Police Department Bureau of Technical Services. The San Jose Police Department is a dynamic, progressive, and professional organization dedicated to maintaining community partnerships that promote a high quality of life for the City’s diverse population. The Bureau of Technical Services is comprised of three divisions and 276 authorized employees. The City and Police Department is seeking a Deputy Director who can inspire and lead the Bureau.

The Deputy Director must be an exceptional and seasoned technology professional that can lead a dynamic and forward-thinking organization. A Bachelor’s degree in Management Information Systems, Computer Science, Business or Public Administration, or a closely related field is required, as well as six years of senior level IT management experience and/or analytic work in a public or private agency. Experience in a law enforcement, nonprofit, public sector, or corporate environment working with a governing board and in a union environment is highly desirable. A Master’s degree is desirable. The salary for the incoming Deputy Director ranges up to $168,861. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. If you have any questions, contact Valerie Phillips at (916) 784-9080.

Closing date December 9, 2016.

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

continued www.westerncity.com

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Religion in the Public Sector Workplace, continued

Many circumstances will present issues that are not easily resolved.

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Director of Forensic Services City and County of San Francisco, CA The City and County of San Francisco, the fourth largest city in California with more than 865,000 residents and a daytime population that swells to more than 1.2 million, is seeking a Director of Forensic Services. The Director will oversee the operations of the Crime Lab of the San Francisco Police Department. The City is seeking a Director who will create a division which fosters and supports independent scientific investigation in a manner which mitigates and guards against the potential for bias to impact outcome. A Bachelor’s degree in forensic science, criminalistics, chemistry, biochemistry, or a related field is required. Candidates must also possess six (6) years of full time paid experience in Forensic Science case work, including two (2) years of administrative responsibility in the form of program supervision and case work, budget planning and preparation, and personnel selection and training. The current annual salary range for the Director of Forensic Services is $171,262-$218,556; placement within this range is dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. If you have any questions, contact Joel Bryden or Regan Williams at (916) 784-9080.

Closing date December 16, 2016. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

from those duties that conflict with his or her religious belief or observance or permitting those duties to be performed at another time or by another person.”

Under FEHA, undue hardship means “an action requiring significant difficulty or expense,” when considered in light of factors such as the “nature and cost of the accommodation needed,” financial resources of the facilities and of the employer, the size of the business and the type of operations. The applicable federal antidiscrimination law imposes its own accommodation requirement on employers, including public employers, and is in many ways similar to California law, though its accommodation requirements are considered not as extensive.

In practice, applying these standards often depends very much on individual facts and circumstances. An employer should be proactive and diligent in considering accommodations and cautious in asserting the defense of undue hardship. Undue hardship can often be shown where accommodation of the employee’s religious practice would require significantly more than ordinary administrative costs, impair workplace safety, cause co-workers to inordinately assume the burden of work or conflict with a statute or regulation.

Conclusion

CITY OF HERMOSA BEACH The City of Hermosa Beach is a quaint and beautiful seaside community on the California coast, 18 miles south of downtown Los Angeles, with a population of 19,648. The town is the very essence of the Southern California lifestyle, with temperatures ranging on average from highs of 78 degrees in the summer to 65 degrees in winter. The City encourages community involvement and is committed to providing a safe and healthy environment within a sound economic atmosphere.

The City Manager provides direction and oversight for the department heads in addition to ongoing responsibilities including budget management, council meeting and agenda report preparation, initiating and implementing opportunities to enhance municipal CITY service delivery, and striving for continuous William Avery & Associates MANAGER improvement in all core city functions. The City Management Consultants Council, City Commissions and Committees, residents, business groups and the environmental organizations expect the 31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030 new City Manager to understand the values of Hermosa Beach and to be firmly committed to civic engagement and open to community dialog. He 408.399.4424 or she will need to balance the dynamics of both retaining the City’s charm Fax: 408.399.4423 and leading the change necessary to continue the community’s vitality. email: jobs@averyassoc.net www.averyassoc.net

The new City Manager must be experienced in municipal finance and in maintaining a sustainable financial structure. Prior experience as a City Manager, Assistant or Deputy City Manager or as an Executive Director of a complex public sector organization is required. A BS/BA in a related field is essential. For more details, please see the formal job announcement, which includes salary and benefits details and the final filing date at http://www.averyassoc.net.

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In terms of practicalities, legal issues related to religion in the workplace can have a strong emotional dimension for the individuals concerned. Sensitivity and tolerance are extremely important in crafting solutions to these issues. In addition, managers should consider at the outset that employees asking for accommodation of religious beliefs or practices will likely understand what is at stake for managers and their co-workers and will probably help managers arrive at a mutually agreeable resolution. ■

Looking for Footnotes?

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

www.cacities.org

Bakersfield Creates Jobs for Homeless People, continued from page 7

The innovative and empowering partnership among the city, county, Caltrans, local businesses and residents created hope and purpose for Bakersfield’s homeless community. A total of 50 BHC clients are currently employed at minimum wage.

Approximately 250 family members are in stable housing as a result of the employment opportunities that this partnership has created. The solution to the city’s highway litter problem is as heartwarming as it is productive.

Bakersfield and its community partners devised a win-win solution to reduce litter.

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Since its inception, the program has grown significantly. Today, a total of four crews are out cleaning litter daily on local highways and throughout other areas in Bakersfield.

The program produced tangible results that led to other city departments contracting with the BHC to clean sump pumps, remove tumbleweeds and address other city priorities. The city’s green waste facility employs two BHC crews, and the animal care facility employs two additional crews.

Job opportunities have also become available to homeless veterans statewide as Caltrans has used the city’s pilot program as a model and developed similar programs throughout California.

The program’s net economic effect goes beyond the minimum wage earned by the crews. Mayor Hall says, “Community costs are reduced when the crews are paid to clean up local freeways. In essence, the community pays itself.” In turn, the BHC workers have become tax-paying contributors to the city.

Expanding the Local Labor Pool The program has created a labor force — with work experience, marketable skills and a positive attitude — that attracts local employers seeking new hires. Many of the workers employed through the program have transitioned successfully into better-paying jobs in the private sector, and the city now employs some of the BHC workers in permanent municipal positions. continued on page 23

www.westerncity.com

www.bobmurrayassoc.com

Watch for these Upcoming Opportunities: • Yuima Municipal Water District, CA General Manager • City of Tigard, OR Police Chief • California State University, San Marcos, CA Police Chief For more information and filing deadlines, please contact: Bob Murray and Associates, 1544 Eureka Road, Suite 280, Roseville, CA 95661 Phone: (916) 784-9080, Fax: (916) 784-1985, E-mail: apply@bobmurrayassoc.com

Coming soon . . .

Deputy City Managers Assistants to the City Manager City of Palo Alto

City Manager

City of Arroyo Grande Check our website for the latest information – www.tbcrecruiting.com Teri Black • 424.296.3111 Julie Yuan-Miu • 925.820.8436 Bradley Wardle • 650.450.3299

Western City, December 2016

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PeckhamMcKenney &

Presents Outstanding Career Opportunities

Director of Finance/Chief Financial Officer

City of Hayward, CA

Strategically located on the thriving eastern shore of the San Francisco Bay, the vibrant and diverse City of Hayward (pop.

153,689) is on the cusp of yet another evolution, leveraging its unparalleled location, relative affordability, and a wide range of quality-of-life benefits to catch the eye of everyone from Fortune 500 companies to young professionals, families, tech startups, and major developers. With a workforce of over 874 full-time employees and an operating budget of $285.5M and $195M capital budget, Hayward provides a full range of services to its residents. The Finance Department has 35.5 FTEs staffing four divisions.

This 2016 All-America City is seeking a strategic thinker and excellent communicator, who is adept at influencing stakeholders and policymakers on decisions affecting the long-term fiscal sustainability of the City. Expertise in local government finance will be expected and a combination of public and private sector experience will be considered favorably. Experience with long-range forecasting and performance measurement and management is desirable. A Bachelor’s degree in finance, public or business administration, or a related field and eight years of progressively responsible management experience in finance and budget, which includes at least five years of supervisory experience, is required. A Master’s degree is strongly preferred.

Individuals who embrace the diversity of the community and bilingual candidates are strong encouraged to apply.

Competitive annual salary range of $167,960 to $204,152; placement DOQE; CalPERS 2.5% @ 55.

Do not miss this career opportunity! Joining the City of Hayward’s executive team is a unique opportunity within the public sector; a chance to exercise innovative leadership, and an opportunity to continue the tremendous forward momentum of one of the Bay area’s most dynamic cities.

Please do not hesitate to contact Bobbi Peckham toll-free at (866) 912-1919 if you have any questions regarding this position or recruitment process.

Filing deadline: January 9, 2017

Upcoming Opportunities Town of Atherton, CA - Chief of Police City of Escondido, CA - City Manager City of Oceanside, CA - Development Services Director

During the holiday season, our thoughts turn gratefully to those who have made our success possible.

It is in this spirit that we say thank you and best wishes for the Holidays and the New Year.

Please send your cover letter and resume electronically to:

“All about fit”

Peckham & McKenney

apply@peckhamandmckenney.com

Resumes acknowledged within two business days.

Detailed brochures are available at

www.peckhamandmckenney.com (866) 912-1919

Bakersfield Creates Jobs for Homeless People, continued from page 21

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By choosing to employ homeless individuals, the city and its partners created a model that helps communities use limited resources to solve multiple problems simultaneously. Bakersfield’s Solid Waste Division Superintendent Sal Moretti oversees the Freeway Litter Cleanup Program.

Moretti says, “The city and its partners put together a common-sense model: get work done, use available funds, work together and keep it simple.”

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The City of Bakersfield, population 379,110, is located approximately 116 miles north of Los Angeles in the southern San Joaquin Valley. The City offers a wide range of urban amenities, affordable housing, excellent award-winning schools and proximity to many regional attractions. Bakersfield residents tend to be active, taking full advantage of the City’s lakes, multiple golf courses, neighborhood community parks and other recreational facilities. Bakersfield is truly a family friendly city.

The City Clerk is a Division Manager within the City Manager’s Office and leads a staff of three and serves as the Clerk of the City Council. He/she oversees the day-to-day functional operations of the agenda management, records management, elections and political CITY compliance programs of the City. In addition, the City William Avery & Associates CLERK Clerk coordinates the recruitment for City Council- Management Consultants appointed Boards, Commissions and Committees including outreach workshops and orientation training. The new City Clerk 31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030 is expected to bring a vibrant, proactive, strategic, and team oriented leadership style to the City Clerk’s office and the City organization.

408.399.4424

Fax: 408.399.4423 The ideal candidate will have experience performing the full range email: jobs@averyassoc.net of administrative duties common to a municipal City Clerk’s Office as www.averyassoc.net a City Clerk or Deputy City Clerk. This includes supervising staff and administering a legislative operation as well as elections and records management. An educational background including a Bachelor’s degree in public administration, legal studies or a related field is expected and a CMC is highly desirable. For more details, please see the formal job announcement, which includes salary and benefits details and the final filing date at http://www.averyassoc.net.

Contact: Sal Moretti, superintendent, Solid Waste Division, City of Bakersfield; phone: (661) 326-3136; email: smoretti@ bakersfieldcity.us. ■

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The Freeway Litter Cleanup Program has not only restored cleanliness to the city’s highways, but it has also reduced the number of unemployed and unsheltered individuals residing in Bakersfield.

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William Avery & Associates, Inc. Labor Relations / Executive Search / Human Resources Consulting 3 /2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030 1

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

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Peckham&McKenney “All About Fit” www.peckhamandmckenney.com Bobbi C. Peckham • Phil McKenney

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

www.RalphAndersen.com

www.westerncity.com

Western City, December 2016

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Public Sector Human reSourceS conSulting

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Koff & Associates

Solving the Human Resources Puzzle for 30 Years

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League of California Cities

www.cacities.org

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Still comparing apples to oranges?

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Contact: Allan Crecelius or Sandra Comrie

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

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www.westerncity.com

Western City, December 2016

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TURNING LEMONS INTO LEGISLATION. After a sophisticated criminal scheme nearly cost the City of Dixon 1.3 million dollars, Churchwell White attorneys and legislative advocates chose to view the city’s close-call as a call to action. In order to prevent other cities and special districts from falling victim to similar fraud, our legislative advocates worked with State Senator Lois Wolk to develop a bill to safeguard key financial information.

Our legislative advocates proactively engaged the California Newspaper Publisher Association to find the right balance between protecting the public’s right to access public records and preventing the misuse of that same information for illegal purposes. Churchwell White was able to successfully work with its clients and their elected officials to achieve passage of Senate Bill 441 and turn a bad situation into a positive outcome for all California public agencies.

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