Western City August 2012 by Western City Magazine

AUGUST 2012 |

The Monthly Magazine of the League of California Cities

Annual Conference Preview p.14 10 Questions to Ask Before Installing Solar p.20 What You Should Know About Hiring CalPERS Retirees p.10

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CONTENTS 2

Calendar of League Events

President’s Message

A look at the highlights of next month’s conference.

By Mike Kasperzak

City Forum

Exposition Exhibitors 17

Don’t Miss the Leadership Gala at the Annual Conference

As the cost of installing solar photovoltaic systems on agency facilities has declined over the past few years, local agencies are considering the benefits. Asking the right questions can help make the project a success.

The gala is the perfect occasion to mix, mingle and support the League’s work on behalf of cities.

Everyday Ethics for Local Officials

Regulating Lobbying Activities, Part I of II By Daniel D. Purnell This article examines common elements of lobbying laws and how these laws typically regulate lobbyist behavior.

Legal Notes

What You Should Know About Hiring CalPERS Retirees

10 Questions to Ask Before Installing Solar Power on Agency Facilities By Eva Spiegel

By Eva Spiegel

Cities Guiding Healthy Government By Lorraine Okabe

Reflecting on Our Progress And Moving Forward The League has met the challenges of the past year, and much work remains to be done.

Annual Conference Preview

Job Opportunities

Professional Services Directory On the Cover: The San Diego Convention Center, site of the League’s 2012 Annual Conference & Expo Photo: Courtesy Timothy Hursley and San Diego Convention Center

By Richard Padilla and Joaquin Vazquez Many cities have hired recent retirees to bridge staffing needs during the economic crunch. But failing to recognize and comply with requirements of the statutes governing such hires can result in unintended adverse consequences for both the city employer and the retiree.

Looking for “On the Record”? This month’s “On the Record” interviews with council members are on our website. Visit www.westerncity.com and click on “Web Exclusive.”

President Michael Kasperzak Mayor Mountain View

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

Second Vice President José Cisneros Treasurer San Francisco

Immediate Past President Jim Ridenour Former Mayor Modesto

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 (916) 658-8234 email: editor@westerncity.com

SEPTEMBER

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

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

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

Administrative Assistant Anita Lopez (916) 658-8223 email: alopez@cacities.org

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

Contributors Mike Egan Natasha Karl Koreen Kelleher Sussan Nasirian Bismarck Obando JoAnne Speers Patrick Whitnell

5–7 League of California Cities 2012 Annual Conference & Expo, San Diego Convention Center This conference offers dozens of educational sessions, numerous professional development opportunities, hundreds of exhibits and a chance to participate in the League’s policy-making activities at the Annual Business Meeting.

Associate Editors Carol Malinowski Carolyn Walker

November

Design Pat Davis Design Group, Inc.

15 – 16

For photo credits, see page 25.

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. ©2012 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume LXXXVIII, No. 8.

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First Vice President Bill Bogaard Mayor Pasadena

League of California Cities

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.

28 – 30 City Clerks New Law & Elections Seminar, San Jose This seminar covers laws affecting elections as well as many aspects of the clerk’s responsibilities.

28 – 29 Municipal Finance Institute, San Jose This conference provides essential information in a new two-day format for city officials and staff involved in fiscal planning for municipalities.

Event and registration information is available at www.cacities.org/events. For the latest information on League conferences and events, follow us on Twitter @CaCitiesLearn. For legislative and policy updates and more, follow @CaCities. Follow Western City @WesternCityMag. Join us on Facebook! www.facebook.com/westerncity www.facebook.com/LeagueofCaCities

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President’s Message by Mike Kasperzak

Reflecting on Our Progress And Moving Forward As the end of my term as League president approaches, I’ve been considering the challenges of the past year and the progress that we’ve made in meeting them.

Redevelopment: Loss and Opportunity

Certainly one of the most difficult issues we’ve had to grapple with during the course of the year has been the elimination of redevelopment agencies. In California Redevelopment Association v. Matosantos, the state Supreme Court upheld AB 1X 26 (the redevelopment “elimination” bill) but struck down AB 1X 27, the bill that would have allowed agencies to remain in operation as long as they made a payment to the state. The decision to sacrifice this powerful tool for limited financial gain was one of the most shortsighted legislative acts of the past two decades. It reminds us of the way the Legislature similarly embraced electricity deregulation in the 1990s. And it raises this question for cities and the League: Are we going to take this lying down or continue to defend our other constitutionally protected revenues? These revenues include the property tax (no more loans to the state), sales tax, utility user’s tax, transient occupancy tax, gas tax and more. Having said that, the need to be prepared to go into the courts to defend the constitutional protections we fought so hard to pass has now been demonstrated by the passage of AB 1484, the deeply troubling redevelopment budget trailer bill that puts property and sales tax at risk of diversion by the governor’s Department of Finance. I am confident that we will use every www.westerncity.com

resource we have to fight for local control in this and other arenas as we work to secure possible new forms of funding for issues of shared priority for both state and local government, such as sustainable development. Fighting Obesity and Creating Healthy Cities

The obesity epidemic continues to have a major impact — not only in California but also nationwide. We are seeing growing awareness of and attention to obesity and the diseases and other issues associated with it. The relationship of obesity to diabetes and chronic illnesses, as well as the inherent short- and long-term costs to cities and society as a whole, are public health issues. The Healthy Eating Active Living (HEAL) Cities Campaign, launched by the League and the California Center for Public Health Advocacy in 2008, offers workshops, technical assistance, model policies and a website to help cities become healthier places to live and work. In this California once again leads the nation. We have done so in the past on many issues, beginning with air quality. The current focus on creating healthier communities also complements one of the League’s 2012 strategic priorities: Build strong partnerships for a stronger Golden State. continued

Western City, August 2012

Reflecting on Our Progress and Moving Forward, continued

At its November 2011 meeting the League board of directors passed a motion supporting 100 percent participation in the HEAL Cities Campaign by cities with representatives on the board. The League’s Community Services Policy Committee also took similar action in early 2012 to encourage its member cities to participate in the HEAL Cities Campaign. Encouraging cities to adopt policies and programs that promote health and wellness in the community is a League policy. We hope to have 150 cities participating in HEAL by next month. Other states are now following California’s lead in the area of encouraging and planning for healthy communities. This effort is also directly related to the need for continued renewal and redevelopment of our urban areas to encourage walking, biking, safe routes to school and more.

We are starting to see the positive results of the HEAL Cities Campaign in our cities, in healthier workforces and other ways. And at the League’s 2012 Annual Conference & Expo next month in San Diego, the League Partners will unveil a new program to support cities’ efforts around employee health and wellness. Public Pension Reform

Public pension reform is another strategic priority we’ve been working on in 2012. The primary election results indicated that this is a high-priority issue in California and throughout the nation. Looking ahead, this raises a number of questions. The issue of public pensions is related to issues of health and longevity. As we become healthier and scientific advances make it possible to live longer, how does that play out in the big picture of compensation? As life expectancy increases,

We will use every resource we have to fight for local control. should retirement age increase? Can we afford to pay pension and health care costs for someone who worked 30 years and then lives another 50 years to age 100 or beyond? If a public employee’s pension is a vested right and cannot be modified once in place, how do we address the fact that employees’ life expectancy is steadily increasing? Far more thought must be given to significant pension reform as we move forward to ensure that there is a viable long-term system in place to meet the

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League of California Cities

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true retirement needs of our employees. As Western City goes to press the Legislature has not yet enacted a pension reform package. If it fails to do so, rest assured the League will continue to advocate strongly for reform when the Legislature returns from its summer break. Paying for Essential Services

Another question confronts us as we consider the future of California’s cities: What should we do as a society about the way we pay for services? Our current tax system was essentially developed for an agrarian and production-based economy. Our system continues to be based on taxing a shrinking taxable base, despite the fact that we need revenue to pay for the ever-increasing essential services our residents depend on. We need to think about this and look toward big-picture solutions around taxation and revenue. It will require examining how our state’s economy functions and what kinds of revenue opportunities are sustainable in the long term.

Thanks and Acknowledgments My year as League president has been enriched by the help of many people. I want to thank my City of Mountain View colleagues and staff for their support. In addition, the League’s Executive Committee members have been enormously helpful during the past year as we worked together to help craft solutions. I also would like to thank the League board of directors as well as the League staff for their hard work and commitment to the cities of California. And my sincere thanks to all the League Leaders — the department, division, policy committee and constituent group leaders and members — who have contributed to our successes during the year. I want to acknowledge the League Partners and their support of all that the League strives to achieve. The League Partners play a very important role in helping us to reach our goals and make California a better place to live. Finally, many of you had the privilege of working with 2010 League Partner President Stuart Wells, who passed away earlier this year after a lengthy battle with melanoma. Those of us who had the good fortune to know and work with Stuart will remember him for his warm and loving nature, great sense of humor, positive outlook and passion for local government. I deeply appreciate the opportunity to serve as president of the League, and I look forward to seeing many of you next month at the League of California Cities 2012 Annual Conference & Expo.

Moving Forward

We must openly and objectively discuss these and other major issues as we move forward. The League’s tradition of collaboration and cooperation provides an excellent springboard for exploring solutions to the challenges before us. As elected leaders we have a responsibility to take a proactive approach to dealing with the overarching issues that will affect the quality of life for all Californians for years to come. Let’s build on the successes we’ve achieved and use that experience to start addressing these issues sooner rather than later. n

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

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Western City, August 2012

Don’t Miss the Leadership Gala at the Annual Conference by Eva Spiegel Attending the League’s annual conference next month offers an opportunity to join your colleagues from throughout California for the most comprehensive educational program designed specifically for all city officials. It’s also the perfect occasion to support the League’s work on behalf of cities by attending the Seventh Annual Leadership Gala Casino Night. As you plan your annual conference schedule be sure to include the gala — it’s a night of fun, networking and support for the League that you won’t want to miss. The gala event is sponsored by Willdan, Keenan & Associates, Piper Jaffray and Republic Services. It will be held Wednesday, Sept. 5, at 8:00 p.m. at the Hard Rock Hotel in San Diego. Entry is free, and casino chips are available for a suggested donation to CitiPAC of $50 per person or $75 per couple. Twenty tables will feature blackjack, craps and roulette, as well as refreshments. Come mix and mingle with your colleagues and support the League’s efforts to strengthen and protect local control. Join us as we recognize the League Partners who invest in our advocacy efforts. Launched in 2006 by the League board of directors, the Annual Leadership Gala Casino Night is the one statewide CitiPAC event held each year and is critical to the League’s success at the ballot box. CitiPAC, the organization’s political action committee, was created in 2003 before the League worked to successfully pass Proposition 1A. The League’s victories in defeating Prop. 90 in 2006, winning the No on 98/Yes on 99 campaign of 2008 and passing Prop. 22 in November 2010 would not have been possible without the support of CitiPAC.

Defending Local Control

local control: lobbying in the Legislature, engaging in the statewide initiative process and litigating in the courts. The League’s ballot box activities are supported through fundraising. A well-funded political action committee plays a critical role in fighting initiatives that could weaken local control or enable the state to seize local revenues. CitiPAC also supports initiatives that make cities stronger.

Upcoming CitiPAC Events Join us for these fun events.

Your Support Is Essential CitiPAC raises money year round and at events such as the Annual Leadership Gala Casino Night, where both individuals and corporate sponsors provide support. You can be part of the League’s fundraising efforts by joining your division’s CitiPAC planning committee to help with your division’s annual event. CitiPAC also makes it easy to give either annually or on a monthly basis at www. CitiPAC.org. Events like the gala and regional golf tournaments, bocce ball tournaments and entertainment evenings are not only a great deal of fun but also support a very important cause. By attending, you lend your voice to the League’s constant advocacy on behalf of cities. n

The League’s successful advocacy program uses a three-pronged approach to defend

Aug. 17, noon to 7:00 p.m., Channel Counties Division CitiPAC Golf Tournament, Solvang Aug. 25, 1:00 to 3:00 p.m., Sacramento Valley Division Bowling Tournament, Sacramento Oct. 11, 11:30 a.m. to 8:00 p.m., Central Valley Division CitiPAC Golf Tournament, Dryden Golf Course, Modesto Oct. 19, 11:30 a.m. to 8:00 p.m., South San Joaquin Valley Division CitiPAC Golf Tournament, Ridge Creek Golf Club, Dinuba Oct. 19, noon to 7:00 p.m., Riverside County Division Golf Tournament, Menifee Visit www.CitiPAC.org for more information on upcoming events.

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

League of California Cities

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Everyday Ethics for Local Officials

Regulating Lobbying Activities, Part I of II by Daniel D. Purnell

Question

After a series of unfortunate

experiences, our agency is considering whether to adopt regulations related to lobbying the agency. What should we understand about regulating lobbyists?

Answer

Letâ&#x20AC;&#x2122;s start with a common scenario.

A local property owner wants to develop a vacant parcel of land. A group of neighbors hears about the project and arranges a meeting with local officials to express their concerns. The property owner, concerned about project approvals, hires a former elected official to advocate on behalf of the project. The local officials, after meeting with both sides, begin to form their opinions about the project. continued

This column is a service of the Institute for Local Government (ILG), whose mission is to promote good government at the local level. For more information and to access ILGâ&#x20AC;&#x2122;s resources on public service ethics, visit www.ca-ilg.org/trust. Author Daniel D. Purnell is both a former local elected official and former executive director of the Oakland Public Ethics Commission. Purnell practices campaign and election law in California and serves as a volunteer for ILG. He can be reached at dandp626@gmail.com.

www.westerncity.com

Western City, August 2012

Regulating Lobbying Activities, Part I of II, continued

While this scenario may seem familiar, it also raises a series of complex issues about the role of influence in the public decision-making process. All U.S. citizens are guaranteed the right of free speech, the right to freely associate with like-minded persons and the right to petition elected officials. But competing public interests are involved, such as transparency, the fair exchange of ideas and the integrity of the decision-making process. Local lobbying laws attempt to reconcile these important rights and interests and address the appropriate role of lobbying in local governmental decision-making as well as whether — and to what extent — local agencies should regulate lobbying. Over the years, courts and commentators have articulated the potential harm that unregulated lobbying can have on governmental institutions. Corruption and the appearance of corruption (often in the form of bribery, “sweetheart” contracts and poor decisions such as pork-barreling and earmarking) are identified hazards that government has an interest in avoid-

ing. Other potential hazards include having the public voice drowned out by the voice of special interests and having public decisions based on flawed or incorrect information. Commentators have also recognized the potential benefits of professional lobbying, such as providing necessary information to decision-makers and organizing various and numerous voices into an efficient, collective and comprehensive message. Today, even local agencies retain lobbyists to represent their interests before other legislative and administrative bodies. In California, the state and a growing number of local jurisdictions have adopted lobbying laws. The California Supreme Court upheld the lobbyist registration and reporting requirements contained in the Political Reform Act of 1974. The court noted that those provisions and the act’s $10-per-month limit on gifts from lobbyists to state candidates and elected officials “do not constitute substantial limitations on petition and speech rights.” These laws share many common and essential elements and, at the same time, grapple in their own way with difficultto-define terms and concepts. This article examines and discusses common elements of lobbying laws and how these laws typically regulate lobbyist behavior.

Part II, which will appear in the October issue of Western City, will discuss administering and enforcing lobbying laws, possible alternative and complementary laws, and how to evaluate and implement such laws once they have been adopted.

Defining “Lobbyist” and “Lobbying” Every lobbying law must attempt to clearly define either who qualifies as a lobbyist or what activities constitute “lobbying.” This is often the most difficult and contentious part of a lobbying law because these terms often determine how broadly (in terms of people affected and/ or activities regulated) the law applies. Lobbyists are frequently characterized as either “contract” or “in-house” lobbyists. A contract lobbyist is someone who is hired for a specific project or on a contract basis. Most laws establish a “time and money” test to define contract lobbyists, such as this language from Oakland’s ordinance: “Lobbyist” means any individual who ... receives or is entitled to receive $1,000 or more in economic consideration in a calendar month, other than reimbursement for reasonable travel expenses ...

Gift Regulations Benefit From Local Definitions of “Lobbyist” As explained in the April “Everyday Ethics” column, the Fair Political Practices Commission has revised California’s gift regulations to make them more practical. A number of these regulations involve creating new or expanded exceptions for what constitutes a gift subject to the gift reporting and disqualification requirements as well as the gift limits. However, in a number of places, the expanded exceptions don’t apply to “gifts from lobbyists.” For example, the catchall exception for gifts from social or business ties does not apply if the gift is from an individual “registered to lobby the official’s agency.” Similarly, the exceptions for gift exchanges don’t apply if the gift-giver is a “lobbyist who is registered to lobby the official’s agency.” For more information about the gift rules, visit www.ca-ilg.org/GiftCenter.

League of California Cities

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In-house lobbyists are people who lobby exclusively for their employer — for example, a governmental affairs representative for a company.

bying ordinance, for example, contains 17 exceptions from its definition of what constitutes lobbying “contacts.” These include commonly found exceptions for:

Definitions of in-house lobbyists attempt to establish a minimum threshold of activity that distinguishes in-house lobbyists from any other employee whose communications with public officials may be occasional or minimal. These definitions vary, but are often based on such factors as:

• Public officials who lobby in the course of their official duties;

• People providing testimony or information at the invitation of a public official.

• People submitting bids or applying for permits;

Los Angeles exempts on public policy grounds representatives of nonprofit

• The amount of time spent lobbying (for example, five hours per month); • The number of contacts they make with public officials (for example, a minimum of 10 lobbying contacts per month); or • A “significant” or “substantial” amount of time is spent lobbying public officials. The ultimate question is what constitutes the act of lobbying. Basically, it is the act of communicating with public officials for the purpose of influencing certain types of decisions on behalf of another. The decisions sought to be influenced are usually characterized as either legislative or administrative in nature.

• People negotiating contracts with designated representatives of the local agency; and

continued on page 26

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How a local agency defines lobbying can sometimes be complex and/or subject to certain exceptions. San Francisco’s lob-

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Working in Partnership with Local Communities Seek Professional Advice Although the Institute for Local Government endeavors to help local officials understand laws that apply to public service, its informational materials are not legal advice. In addition, attorneys can and do disagree on the best interpretation of the complex rules relating to public service ethics. Officials are encouraged to consult an attorney or the Fair Political Practices Commission for advice on specific situations.

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Western City, August 2012

What You Should Know About Hiring CalPERS Retirees by Richard Padilla and Joaquin Vazquez

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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The “Great Recession” has forced many cities to undertake significant staffing cuts, often achieved through a combination of layoffs, attrition and early retirement incentives. The departure of employees, especially senior employees, has depleted cities of experienced staff possessing valuable institutional knowledge. To bridge staffing needs while budgets recover, many cities have looked to their recent retirees, the great majority of whom have retired under the California Public Employees’ Retirement System (CalPERS). While hiring CalPERS retirees brings continuity and stability, failing to recognize and comply with requirements of the CalPERS statutes can result in unintended adverse consequences for both the city employer and the retiree.

he Public Employees’ Retirement Law (PERL) generally prohibits CalPERS employers from hiring retirees unless they are first reinstated from retirement. Nevertheless, advantageous exceptions to this rule exist under Government Code Sections 21221(h) and 21224, provided certain key eligibility requirements can be met. Violation of the eligibility requirements incurs significant consequences. For the retiree, violation means: • Reinstatement from retirement, dating back to the beginning of the employment; • Return of any retirement allowance received from CalPERS during the employment; • Payment of employee contributions owed during the period of employment, plus interest; and

Exceptions to the Reinstatement Requirement The PERL authorizes two types of hiring approaches for retirees. The first is described under Section 21221(h), which deals with vacant positions, and the second is described under Section 21224, which addresses temporary work engagements. The first hiring approach for retirees allowed under the PERL is described in Section 21221(h), which authorizes appointments to existing yet vacant positions on an interim basis when: 1. The vacant position requires specialized skill and the effort to recruit a permanent replacement is still pending; or 2. Appointment to the vacant position is required on an emergency basis to prevent a stoppage of public business.

For the city, violation means:

The second approach, described under Section 21224, authorizes finite but potentially long-lasting work engagements required to address unplanned or irregular work needs under one of the following circumstances:

• Payment of employer contributions owed during the period of employment, plus interest; and

1. During an emergency to prevent a stoppage of public business; or

• Reimbursement to CalPERS for the costs of administering reinstatement.

2. When the services of a retiree possessing specialized skills are needed for a “limited duration.”

Accordingly, getting it right is critical to both the city and the retiree.

People who have retired before reaching the “normal retirement age” are not eligible for employment under Sections 21221(h) or 21224 for a period of 60 days from the date of their bona fide

• Reimbursement to CalPERS for the costs of administering reinstatement.

continued

Richard Padilla is a partner at Olivarez Madruga, P.C., and can be reached at rpadilla@omlawyers.com. Joaquin Vazquez is an attorney with Olivarez Madruga, P.C., and can be reached at jvazquez@omlawyers.com.

www.westerncity.com

Western City, August 2012

What You Should Know About Hiring CalPERS Retirees, continued

separation of employment. In addition, CalPERS member cities may not hire a retiree under Section 21224 if the retiree has collected unemployment during the 12 months preceding the appointment.

passed by the California Legislature and attempted clarification by CalPERS in its Circular Letter No. 200-002-12 issued Jan. 26, 2012.

Duration of Appointments

AB 1028, SB 1021 and Circular Letter No. 200-002-12

Retirees hired under either Section 21221(h) or 21224 are restricted to a maximum of 960 hours of work per fiscal year. If a retiree is hired by multiple CalPERS member agency employers over the course of a fiscal year, under either Section 21221(h) or Section 21224, the total hours worked for all employers will count cumulatively toward the 960-hour cap.

The current versions of Sections 21221(h) and 21224 are the product of two legislative “clean-up” efforts carried out via AB 1028 (effective Jan. 1, 2012) and SB 1021 (effective June 28, 2012). The enactment of AB 1028 generated some confusion among member agencies, which CalPERS attempted to address through the circular letter.

Although the wording of Sections 21221(h) and 21224 strongly imply that appointments made under their authority are not intended to continue indefinitely, both statutes allow the appointments to be extended for successive fiscal years — subject to the cap of 960 hours per fiscal year — with no clear limit on the number of extensions allowed. Precisely when successive extensions for a specific appointment will cause the appointment to lose its non-permanent character is unclear, even with recent clarifying amendments

SB 1021 added an hourly compensation formula to Sections 21221(h) and 21224. People hired under either statute must now be compensated the equivalent of an hourly rate no more than the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate. The base salary used for the calculation must be as listed on a publicly available pay schedule. SB 1021 also clarified that people hired pursuant to either statute may not receive benefits, incen-

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tives, compensation in lieu of benefits, or other forms of compensation in addition to the hourly pay rate. Regarding Section 21221(h), SB 1021 eliminated the 12-month durational limit applied to such appointments, but also eliminated provisions that previously made it possible for a Section 21221(h) appointee to work in excess of the 960hour cap within a single fiscal year. Before AB 1028, Section 21221(h) contained no prohibitions against making appoint-

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On the subject of work hours, SB 1021 added language emphasizing that if a retiree works for multiple CalPERS member agency employers over the course of a single fiscal year, the hours worked for each of the various employers will count cumulatively toward the limit of 960 hours per fiscal year.

SB 1021 also deleted the word “temporary” from the text of Section 21224. The word had been added under AB 1028 earlier in the year to emphasize the nonpermanent character of Section 21224 appointments, even though the statute already referred to such appointments as being of “limited duration.” Although continued on page 29

continued on page 29

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ments more than once or continuing the engagement after 12 months. Section 21221(h) did not even refer to the appointment as being “interim” nor did it expressly limit its scope to “vacant” positions. With the passage of SB 1021, appointees under Section 21221(h) are now absolutely restricted from working in excess of 960 hours within a fiscal year, but their appointments may once again be extended into subsequent fiscal years.

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Western City, August 2012

Annual Conference Preview

C TIES

GUIDING HEALTHY GOVERNMENT

LEAGUE OF CALIFORNIA CITIES 2012 ANNUAL CONFERENCE & EXPO

San Diego Convention Center, Sept. 5–7 by Lorraine Okabe

Join more than 1,200 city officials and staff at the League’s largest professional development and networking event of the year. The conference offers upward of 40 educational sessions providing attendees with opportunities to share and gain practical, valuable knowledge to enrich and strengthen their local communities. Session “tracks” have been designed with programming of special interest to city attorneys, fire chiefs and human resources professionals. First-time attendees are invited to the orientation session to learn about the League and how to get the most from their conference experience.

Conference Highlights The conference begins on Wednesday, Sept. 5, with policy committee meetings in the morning and the first-time attendee orientation beginning at 1:00 p.m. Eight of the League’s 11 departments, which represent municipal professions, will hold their business meetings and programs during the afternoon prior to the Opening General Session. The departments play a vital role in developing League policy and assisting with conference program development. (Conference

registration is required to attend department and division meetings.) The Opening General Session features the League’s annual report, the announcement of the Helen Putnam Award for Excellence winners, presentation of the Past Presidents’ Lifetime Achievement Award and a National League of Cities (NLC) update from NLC First Vice President Marie Lopez Rogers, mayor of Avondale, Ariz. This year the conference combines two dynamic events — the Grand

Opening of the Expo Hall and the Host City Reception on Wednesday evening from 6:00 to 8:00 p.m. The CitiPAC Seventh Annual Leadership Gala Casino Night begins immediately following the Expo and reception (for more information, see “Don’t Miss the Leadership Gala at the Annual Conference” on page 6). Thursday, Sept. 6, starts with break-out sessions from 8:00 to 9:30 a.m. and a new learning format called CityTalks, which are 20-minute sessions with one speaker who will share ideas to change

Lorraine Okabe is assistant director of education and conferences for the League and can be reached at LOkabe@cacities.org. For more information about the conference, visit www.cacities.org/AC.

League of California Cities

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The San Diego Convention Center welcomes conference attendees. below, left to right City officials and staff show their enthusiasm as the 2011 conference begins, an Expo exhibitor answers questions and an educational session gets under way. top

attitudes and inspire creative approaches. Watch for CityTalks throughout the conference program. Peter Kageyama, the featured keynote speaker at Thursday’s General Session from 9:45 to 10:45 a.m., will energize attendees with his presentation “For the Love of Cities.” Learn new ways to capture the energy of your community and engage your residents. Kageyama’s break-out session in the afternoon will give attendees an opportunity to follow up on his ideas. Plan to visit the Expo, open Thursday from 10:00 a.m. to 4:00 p.m., and take advantage of the League Partners Speaker Theater presentations throughout the day. Lunch on the Expo floor allows attendees to meet with exhibitors between 11:00 a.m. and 1:00 p.m. without missing any educational sessions, which resume at 1:00 p.m. Thursday afternoon offers a wide spectrum of educational opportunities.

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Sessions on personnel performance, government “apps,” job creation, public safety liability exposure, city finance and open government illustrate the breadth of topics covered. The evening provides networking opportunities at various receptions sponsored by League Partners and League caucuses, which comprise the African American Caucus; Asian-Pacific Islander Caucus; Gay, Lesbian, Bisexual & Transgender Local Officials Caucus; Latino Caucus and Women’s Caucus. Friday promises more professional development and networking for attendees. Several League divisions hold their annual breakfasts Friday morning, but a number of the divisions are meeting on Wednesday and Thursday. Check with your regional public affairs manager to find out when your division might have networking events. A four-hour workshop for city clerks on e-discovery and the Public Records Act

New Expo Hours! The Grand Opening of the Expo Hall is being held in conjunction with the Host City Reception on Wednesday, Sept. 5, from 6:00 to 8:00 p.m. Meet with exhibitors who may have just the product or service your city needs. The Expo offers the opportunity to explore ways to do things more efficiently with an eye toward reducing costs. The League Partner Village in the Expo Hall houses the League Partner Speaker Theater and the Helen Putnam Award for Excellence city exhibits. Check your conference program for additional education opportunities offered by the Speaker Theater presentations. The Expo concludes on Thursday at 4:00 p.m.

continued

Western City, August 2012

Annual Conference Preview, continued

The Expo offers a wide range of products and services designed to help cities improve efficiency and cost effectiveness in serving the public. center The 2011 Opening General Session commences with a full house. left and right

begins the day’s educational sessions and includes the City Clerks Department business meeting. (The cost of attending the workshop is additional and not included in the conference registration.) The rest of the morning includes sessions on California’s immigrants, consolidated and regionalized law enforcement services, economic development tools after redevelopment and much more.

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Another new feature of this year’s conference is the closing luncheon from noon to 2:00 p.m., where the League board members for 2012–13 are sworn in and city delegates vote on resolutions that guide League policy development for the coming year. It is critical that each city send at least one delegate to the conference to represent its position on issues under consideration at this meeting. Voting delegates must be registered for the conference to participate in the General Assembly and Annual Business Meeting.

For More Information Find the most up-to-date schedule of events listing content, sessions and speakers at www.cacities.org/AC. Tweet with us at #CaCitiesAnnual. n

www.tramutola.com | 510-658-7003 | TOLAcademy.org

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Annual Conference Preview Exposition Exhibitors League Partners appear in bold.

A. Y. McDonald Mfg. Co. AAA Flag & Banner ABM2 AECOM AHA Consulting AP Wireless AT&T2 Charles Abbott Associates2 AbTech Industries, Inc. Academy of Model Aeronautics Aclara Adams Ashby Group AIRCON ENERGY AIRVAC Alvarez-Glasman & Colvin2 American Fidelity Assurance Company Americans Protecting Property Rights AmeriNational Community Services, Inc. Ralph Andersen and Associates AndersonPenna Partners, Inc. Asphalt Zipper Association of California Water Agencies (ACWA) Atkins Avery Associates2 Badger Meter, Inc. Dave Bang Associates, Inc. Bank of America Merrill Lynch Belgard Hardscapes Best Best & Krieger, LLP1 Big League Dreams BigBelly Solar Blais & Associates BonTerra Consulting Brown Armstrong CPAs Bureau Veritas Burke, Williams & Sorensen, LLP1, 2 Burrtec Waste Industries, Inc.2 Buxton CH2M HILL

CMB Regional Centers CRW Systems, Inc. CSAC Excess Insurance Authority CSG Consultants, Inc. California Association of Code Enforcement Officers California Building Officials California Communities/U.S. Communities California Consulting, LLC California Contract Cities Association California Department of General Services/Cal-Card California Department of Housing & Community Development California Department of Insurance California Department of Water Resources California Fuel Cell Partnership California Housing Finance Agency California Infrastructure and Economic Development Bank (I-Bank) California Joint Powers Insurance Authority California Prison Industry Authority (CALPIA) California Product Stewardship Council California State Board of Equalization CalPERS CalTRUST CalVet - California Dept. of Veterans Affairs Cardiac Science Corp. Carollo Engineers Caselle Software Chevron Energy Solutions Citrus Pest & Disease Prevention Program City Ventures CleanFleets.net CleanStreet Climatec BTG

Comcate, Inc. Cooper Streetworks Coplogic, Inc. Credit Bureau Associates Crown Disposal Co. & Community Recycling DN Tanks D R Consultants & Designers, Inc. Dapeer, Rosenblit & Litvak, LLP Dart Container Corporation De La Rosa & Co. Delphi Solutions Dokken Engineering2 DriWater Inc. Dudek EDI VRAD© Process EPS Industry Alliance Earth Systems eCivis Emergency Services Consulting International FacilityDude FedBid, Inc. First Investors Corporation FirstSouthwest GHD Inc. Go Green Lighting GovDeals, Inc. Graphic Solutions Greenhouse GO GreenTraks Griffin Structures H & M Gopher Control HdL Companies HEAL Cities Campaign HF&H Consultants, LLC HMC+Beverly Prior Architects HR Green, Inc. Harris & Associates HydroPoint Data Systems continued

1 – Institute for Local Government Partner, 2 – CITIPAC supporter. List current as of July 16, 2012. Visit us at www.cacities.org/expo.

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Western City, August 2012

Exposition Exhibitors, continued

ING ITEM, Ltd. Impact Plastics In God We Trust - America, Inc. Independent Cities Risk Management Authority Information Display Company International Parking Design Itron, Inc. JT2 Integrated Resources Jamboree Housing Corporation Jones & Mayer Kaiser Permanente KASDAN SIMONDS WEBER & VAUGHAN LLP Keenan & Associates KemperSports Management, Inc. Keyser Marston Associates, Inc. Kimley-Horn and Associates, Inc. Kramer Telecom Law Firm P.C. LINC Housing LPA, Inc.

LSA Associates, Inc. Laserfiche Leotek Electronics USA Corp. Library Systems & Services Liebert Cassidy Whitmore1 MCE Corporation Macias Gini & O’Connell (MGO) MAINTSTAR Matrix Consulting Group Jere Melo Foundation Meyers Nave1, 2 MuniServices Bob Murray & Associates NBS National Community Renaissance National Industries for the Blind (NIB) Nationwide Payment Solutions MuniciPAY Newport Pacific Capital/Modular Lifestyles Nextdoor

Northern California Carpenters Regional Council Omni-Means, Ltd. Otto Environmental Systems North America, Inc. Overland, Pacific & Cutler, Inc. PARS PERC Water PLI Global Pacific Gas and Electric Company2 Paragon Partners Ltd. Parkmobile USA, Inc. PetData Philips Hadco Piper Jaffray Public Agency Risk Sharing Authority of California (PARSAC) Public Financial Management, Inc. Public Restroom Company PublicStuff PureForge Q-STAR Technology

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Quad Knopf 2 RBF Consulting, a company of Michael Baker Corporation RJM Design Group, Inc. RKA Consulting Group Radio Satellite Integrators, Inc. Rain Bird Corporation RedFlex Traffic Systems Renne Sloan Holtzman Sakai LLP (Public Law Group)1 Republic Services2 SCS Engineers SSA Landscape Architects, Inc. SWARCO Traffic Americas Safeguard Properties Schaefer Systems International, Inc. Schneider Electric R. Schumacher & Associates, Inc. SERVPRO Severn Trent Services Sharp Electronics Corporation

Siemens SmartCitiesPrevail.org SolarCity Solid Terrain Modeling, Inc. Southern CA Concrete Producers Southern California Edison1, 2 Southern California Gas Company SouthTech Systems SouthWest Water Company2 Sportsplex USA State Board of Equalization Stone & Youngberg LLC SyTech Solutions TNT Fireworks David Taussig & Associates, Inc. TOTER WASTEQUIP TRAMUTOLA TRANE2 Transtech Engineers, Inc.

Tribal Alliance of Sovereign Indian Nations2 USA North USC Price School of Public Policy U.S. Bank United Storm Water, Inc. University of La Verne Up-Rite Tree Support Systems Vali Cooper & Associates, Inc. Valley Vista Services, Inc. Vanir Construction Management, Inc. Veolia Water North America Vortex Western Sales & Support Office WLC Architects Walker Parking Consultants/Engineers Inc. Carl Warren & Company West Coast Arborists, Inc. Westpac (LED) Lighting Inc. Willdan2 Ygrene Energy Fund n

1 â&#x20AC;&#x201C; Institute for Local Government Partner, 2 â&#x20AC;&#x201C; CITIPAC supporter. List current as of July 16, 2012. Visit us at www.cacities.org/expo.

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10 Questions to Ask Before Installing Solar Power on Agency Facilities by Eva Spiegel

As the cost of installing solar photovoltaic (PV) systems on agency facilities has declined over the past few years, local agencies are considering the benefits. Solar PV systems convert sunlight to electricity and offer opportunities to reduce energy costs, save taxpayer dollars, save energy and increase sustainability. Asking the right questions can help make the project a success. The information provided here is a starting point; local officials are encouraged to consult their legal, financial and public works staff as they move ahead.

Eva Spiegel is communications director for the League and can be reached at espiegel@cacities.org. Yvonne Hunter, program director of the Institute for Local Governmentâ&#x20AC;&#x2122;s Climate Change Program, also contributed to this article and can be reached at yhunter@ca-ilg.org.

League of California Cities

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1. Our city is considering installing a solar PV system at an agency facility. What issues should we consider when deciding whether to self-finance or work with a third party using a power purchase agreement (PPA)?

Several key issues need to be considered. Generally, if the agency has the financial resources (either using its General Fund or selling bonds) to pay for the system, that may be the preferred option, as the energy savings benefits accrue more quickly. When the agency does not have resources to self-finance, working with a third party through a PPA is another option. A PPA is a financial arrangement in which a third party owns, operates and maintains the PV system, and a host customer, such as a local agency, agrees to place the system on its property. The host customer purchases the system’s electric output from the solar services provider for a predetermined period after which the host customer typically owns the system. Generally the payments to the private company are made possible through the energy savings from generating electricity from the PV system, as opposed to buying it from the utility that serves the agency. This allows the host customer to receive stable and usually lower-cost electricity, while the third party acquires financial benefits, such as tax credits and income generated from the sale of electricity to the host customer. The key is to consider the individual community’s unique fiscal situation and

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policies and explore which options are the best fit. For Sacramento the major consideration was financial. Yvette Rincon, sustainability program manager for the City of Sacramento, says, “If a city has the money to cover the cost of solar up front, it should consider owning the system. You immediately get the savings for generating your own power. But you have to also consider the cost of maintaining the system.” The City of Brea financed its PV systems by issuing bonds. City Manager Tim O’Donnell explains, “Our PV systems are on top of city hall, the community center and shade structures in the parking lot and the city’s 30 million-gallon water reservoir. We generate 1.8 megawatts of power. The program cost $17 million for both the energy-efficiency retrofits and the solar PV systems. Before deciding to finance the systems using bonds, we calculated how much the energy generated would cost compared to the current electricity rates and likely price increases in coming years. At the end of a 25-year program we project we’ll net $13 million.” Lindsay Joye, marketing engineer for the City of Palo Alto Utilities, suggests that both options should be compared to see which is best. “If a public agency self-finances the system, the project won’t qualify for the 30 percent federal tax credit and accelerated depreciation,” says Joye. “A PPA allows a third-party system owner with a tax appetite to take the tax credit and accelerated depreciation.”

In deciding which option to use, seek expert help to analyze the value of each option versus business as usual. This analysis will allow the jurisdiction to determine whether a PPA will result in a cost-neutral, cost-saving or additional-cost project. When seeking help in assessing options, it’s a good idea to use someone who does not have a financial stake in your city’s decisions or outcomes. In general, when using a PPA, make sure that the PV system installed has a longer life than the PPA itself and factor in maintenance costs once your city owns the system. 2. When using a PPA, what consumer protection elements should we require?

Dell Tredinnick, project development manager for the City of Santa Rosa, offers this advice: “Make sure the product and performance are specified. Have your engineering and purchasing staff put in the same kind of safeguards, consumer protection and performance warranties that your city uses when buying a car or a motor. The equipment must meet certain standards. The city’s purchasing department should establish criteria for the agreement based on the city’s needs and the system.” Consider including a monitoring and performance element, within the PPA or as a separate contract, to ensure the continued

Western City, August 2012

10 Questions to Ask Before Installing Solar Power on Agency Facilities, continued

system delivers what is promised in terms of electricity generated and cost savings.

4. What should we know about sizing the PV solar system?

Specify who is responsible for system maintenance: the third party or agency employees. Consider addressing what will happen if the system’s downtime exceeds what was promised. In such a case the savings will be lower, a negative impact for which the agency may want to be compensated.

Do not oversize. Calculate what your energy-efficiency operations or retrofits will save you, and then size the PV array to meet all or part of the remaining electricity needs. There is no financial gain to oversizing the system to generate more electricity than is used on-site over a 12-month period. Even if you generate more power than you use on-site, the utility will pay you only for the excess up to a maximum amount set by state law, which changes periodically.

3. Should solar be installed before assessing the potential for energyefficiency retrofits in the building?

No. Tredinnick says, “Reduce before you produce. Don’t solarize inefficiency. Get your energy needs down before you consider installing solar, which is expensive. Most energy-efficiency opportunities will have a much faster payback than buying a larger PV system.” When examining energy-efficiency options, consult your local utility company to take advantage of any available financial incentives, which can reduce the upfront costs and help shorten the payback period.

5. How do we make sure the company installing the PV system is reputable and will deliver what is promised?

Selecting a solar PV vendor is like any other public works or infrastructure project. The same process for evaluating and selecting vendors applies. Regardless of whether the project is done with a PPA or self-financed, make sure the bidders are companies in good standing. Use due diligence to review each company’s financials and related information. You may want to query other municipalities that have completed similar projects to find out which companies or systems

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they used. Get bids, and issue a request for qualifications to be submitted with the bid. Make sure warranties are in place. 6. What should we know about retaining our options to use possible greenhouse gas emissions offsets or credits when California’s capand-trade system gets going?

Although California’s cap-and-trade system applies to a specific set of generators of greenhouse gas emissions, such as electricity producers and heavy industry, other producers of greenhouse gas emissions have an opportunity to participate in the system through what are called “credits” and “offsets.” Whether and how an agency can take advantage of greenhouse gas offsets from solar PV systems will depend on several factors, such as how offsets are measured, who owns the system and who finances it. Thus, local agencies may wish to include the issue of greenhouse gas credits or offsets as part of the vendor contract negotiations. Depending on your situation, you may choose to retain the renewable energy credits or sell them to a third party. This could also be part of a PPA, by asking companies to take cap-and-trade credits into account when negotiating an agreement. One city suggests getting bids for both options. A good metaphor for this is a returnable bottle that has a deposit, according to Tredinnick. “If you have just one bottle, it’s not worth much,” he says. “But if you have a million bottles, or a megawatt of electricity generation, you have some bargaining leverage. On Santa Rosa’s municipal buildings, we retain all of those renewable energy credits. That is why we don’t finance them. We want the credits to offset our other greenhouse gas emissions. If you sell the credits, they are no longer yours.” For a link to learn more about cap and trade, including potential opportunities for local agencies, read the online version of this article at www.westerncity.com.

(714) 446-1400 www.cacities.org

7. When should we involve our local utility? What assistance might they provide?

Yvette Rincon says, “Involve them before you begin — because if you are going to get incentives from your utility, you need to make sure they reserve them for you in their budget.” One of the first things you will need to know is how much electricity the facility is using — and the utility can give you that data. The utility can help the city maneuver through the system and advise you along the way. 8. What do we need to know about connecting to the electricity grid with our local utility?

Reach out to your local utility before the project begins. Find out its requirements for connecting and sizing systems and whether opportunities exist for financial incentives. Interconnection standards depend on the utility and PV system specifications. Your solar installer will manage the interconnection application with the local utility. 9. Are there tax credits or public agency incentives that we might be able to take advantage of?

The California Solar Initiative (CSI) is a state program offering incentives to individuals, businesses and local governments to invest in solar (see “California Solar Initiative Offers Incentives” at right). For example, the City of Brea received almost $4 million in rebates for its solar PV installations. The CSI offers rebates through California investor-owned utilities. If an agency is served by a publicly owned utility, then the agency would apply for a rebate from that utility. According to Gary Barsley, manager of the customer self-generation group at Southern California Edison, “There is a bit of an art to the timing [around incentives]. The solar contractors are very continued on page 31

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City facilities offer a number of options, such as the roof shown here, for installing solar panels.

California Solar Initiative Offers Incentives The California Solar Initiative (CSI) provides incentives for solar system installations to customers of the state’s three investor-owned electric utilities: Pacific Gas and Electric Company, Southern California Edison and San Diego Gas & Electric. The CSI program provides upfront incentives for solar systems installed on existing residential homes, as well as existing and new commercial, industrial, government, nonprofit and agricultural properties within the service territories of the investor-owned utilities. If a host customer is served by a publicly owned utility, the applicant would apply for a rebate from that utility. A statewide total of more than $2 billion in funds is available through CSI over a 10-year period from 2007 through the end of 2016. For more information, visit www.cpuc.ca.gov/puc/energy/solar/aboutsolar.htm.

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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 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.

Call Pam Maxwell-Blodgett at (800) 2621801 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.western city.com or contact Anita Lopez, administrative assistant; email: alopez@ cacities.org; phone: (916) 658-8223.

Did You Miss the July Issue? Read it online at www.westerncity.com

We are passionate about local government and recruiting talented professionals with an affinity for public service! n n n

Don’t Miss the Top Hits on Our Website! 1 Local Agency Electronic Media Use and California Public Records Law – June 2012 2 Local Agency Opportunities for Website Transparency – June 2012 3 Managing More Effectively With a Strategic Communications Plan – September 2009 4 The Brown Act and the Perils of Electronic Communication – June 2011 5 Draft Stormwater Permit Draws Cities Together in New Coalition – July 2012 Read these articles today at www.westerncity.com

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Chief of Police, City of Modesto, CA The City of Modesto is a community proud of its diversity, great traditions, and educational opportunities. With a population exceeding 201,000 residents, Modesto is the largest city and county seat in Stanislaus County. The City is seeking a dynamic and astute leader with a strong command presence for their Chief of Police. The ideal candidate will be open, trustworthy, honest, straightforward and have a great sense of humor. The Chief of Police is expected to create a positive working relationship with and engender trust and respect from, a wide variety of parties that include the City Council, City Manager, Department Heads, City staff, and the community. Someone who is politically astute, but apolitical is preferable. The City of Modesto is seeking an approachable individual to strengthen existing neighborhood groups and have a hands-on Community Oriented Policing background and approach. A Bachelor’s degree from a four-year college or university in police science, criminal justice, public administration, or a related field is required. Candidates must possess seven years of progressively responsible experience at the management level of Sergeant, Lieutenant, and Captain. The City highly desires candidates who possess experience at the Deputy Chief/Assistant Chief/Chief of Police level in a similar size setting. In addition, candidates with strong crime control experience are preferred. Candidates must possess P.O.S.T. certificates through the advanced level. The salary range for the Chief of Police is $132,613 - $165,766 and is dependent upon qualifications. The City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Wesley Herman or Mr. Regan Williams at (916) 784-9080 should you have any questions. Brochure available. Closing date August 24, 2012.

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

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CITY OF VISALIA The beautiful City of Visalia (pop. 126,000), Gateway to the Sequoias, located in the heart of California’s San Joaquin Valley, is recruiting for a Fire Chief. Centrally located between Los Angeles, San Francisco and the Pacific Coast, Visalia is the commercial and cultural hub of the region as well as the County Seat of Tulare. The city is known for its high quality of life, fine schools, community parks, small town charm and reasonably priced housing. The Visalia Fire Department has 81 employees (effective 9/4/12), with a budget of approximately $13.5M. A 1/4 cent public safety sales tax measure provides a secure, ongoing revenue stream for additional fire personnel. Also, the building of a new station, William Avery & Associates 911 Center and headquarters building are in consideration. Candidates Management Consultants who are forward thinking, strong leaders, effective managers, mentors and develops staff, possesses fiscal management skills, works closely 31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030 with other departments and allied agencies, involved in the community, experienced in emergency planning, committed to Fire Prevention as well 408.399.4424 as Operations, Training, EMS and Haz Mat are encouraged to apply. Fax: 408.399.4423 Three years responsible command experience at the level of a Battalion email: jobs@averyassoc.net www.averyassoc.net Chief or higher and possess a BA/BS degree is required.

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City of Santa Clara, CA Located in the center of the world famous Silicon Valley, Santa Clara (pop. 118,813) is a vibrant community that is rich in history, education, culture, and opportunity. Appointed by the Mayor and City Council, the City Manager will oversee a full-service organization (including electric, water, sewer, and solar utilities) with 992 FTE’s and 2012/13 total budget of $577.3 million. The ideal candidate is a proven executive leader with experience in economic development and municipal finance/budgeting, as well as an ability to continue the City’s efforts to incorporate community ethics and values into local government operations. A Bachelor’s degree in public/business administration or related field is required; a Master’s degree is highly

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 is September 10, 2012.

Getting up to speed on city issues can be challenging. Western City magazine makes it easier to get a handle on the issues affecting your city. Our website gives you a way to easily locate recent articles that address:

» Community Services » Economic Development & Redevelopment

» Environment, Energy & Climate Change

» Governance, Legislation

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Photo/art credits Cover, Courtesy Timothy Hursley & San Diego Convention Center Page 3, Shutterstock Page 6, Dorottya Mathe/Shutterstock Page 7, Rudall30/Shutterstock Page 8, Red Rose/Shutterstock Page 10, Yuri Arcurs/Shutterstock Page 12, Yuri Arcurs/Shutterstock Page 13, George Nazmi Bebawi/Shutterstock

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Page 14, logo, Jenifer Forsythe Pages 15–16, Herr Photography, courtesy League of California Cities Pages 20–21, Triff/Shutterstock Page 23, Yvonne Hunter Page 26, Dervish11/Shutterstock Page 29, StockLite/Shutterstock Page 30, Yuri Arcurs/Shutterstock Page 31, Yvonne Hunter

» Municipal Finance » Land Use & Planning » Personnel » Public Safety » Public Trust & Ethics » Public Works & Infrastructure » Youth Visit www.westerncity.com and click on “Topics” to read helpful articles that give you both the big picture on statewide issues and detailed examples from cities throughout California.

Western City, August 2012

Regulating Lobbying Activities, Part I of II, continued from page 9

organizations that receive government funding to represent the “interests of indigent persons.” San Jose provides an even broader exemption for “uncompensated members of the board of directors of nonprofit organizations” and for

“compensated officers or employees of a [501(c)(3)] nonprofit organization ... whose attempts to influence governmental action are on behalf of the organization.”

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Current and future opportunities…

Assistant City Manager City of Anaheim

Accounting Division Manager City of Santa Clara

Director of Finance City of San José

City Manager

City of Pismo Beach

City Manager

City of Laguna Niguel

For more information, contact:

Teri Black-Brann • 310.377.2612 Carolyn Seeley • 949.487.7606 Steve Parker • 949.322.8794

League of California Cities

Imposing Certain Transparency Obligations In addition to the basic definitions of lobbyist, lobbying and the types of decisions to which lobbying can apply, local lobbying laws typically require lobbyists to: 1. Register with the local agency; 2. Periodically report the identity of their clients and the nature of work being performed on the clients’ behalf; 3. Report on other aspects of the lobbyists’ efforts that may be perceived as efforts to influence agency decisionmaking (for example, campaign fundraising); and 4. Refrain from certain types of activities.

Registration Requirements Lobbying laws typically require an individual to register with the local agency within a certain time period after qualifying as a lobbyist. Registration involves providing the lobbyist’s name, address and contact information, client information and, in some jurisdictions, the nature of the client’s business and the matters that the client has hired the lobbyist to influence.

Reporting Requirements One of the key components of local lobbying laws is the requirement that lobbyists periodically report on their activities. At the most basic level, almost all such laws require an identification of the decision the lobbyist seeks to influence for each client during the reporting period. Beyond that, jurisdictions vary in the type and detail of information lobbyists must provide. Examples of the type of information required by local agencies include: • The amount of payments made by lobbyists to public officials (usually known as “activity expenses”); • The amount of campaign contributions made or arranged by the lobbyist to local office-holders and candidates; • The amount of payments the lobbyist made to a nonprofit or charitable organization at the behest of a public official or candidate; • Professional services the lobbyist provided to a public official or candidate, such as fundraising or campaign consulting services; • The amount of compensation received from clients; • Any employment the lobbyist provided to or arranged for a public official and/ or the public official’s family; • The identity of the local department, office or individual who was lobbied; and • A description of the client’s position or arguments regarding the decision sought to be influenced. The key is to determine what information is relevant or useful in providing insight into lobbying activities.

Prohibited Activities In addition to requiring periodic reporting of lobbyist activities, most ordinances contain a number of prohibitions on lobbying activities. Examples include: • Making false statements to public officials or creating fictitious statements

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of support or opposition to a pending governmental decision;

• Making or bundling campaign contributions;

• Promising clients that the lobbyist can obtain a particular outcome and/or basing the lobbyist’s fee on whether that outcome was achieved (in other words, no “contingent fee” arrangements);

• Introducing measures for the sole purpose of creating future work for a lobbyist; and

continued

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Police Chief, City of Piedmont, CA The City of Piedmont is a charter city of approximately 11,000 residents located in the beautiful Oakland Hills, overlooking the San Francisco Bay. The City Council is seeking a Police Chief who will oversee a budget of $5.4 million and can be a strong leader for the Department. An individual with the ability to hold people accountable, be a mentor to staff, and build on the positive relationships with other department heads is being sought. A team player who can communicate with people at all levels and have the ability to form partnerships is highly desired. The Police Chief is expected to create a positive working relationship with and engender trust and respect from, a wide variety of parties that include the City Council, City Administrator, Department Heads, City staff, and the community. The ability to build strong connections with a very diverse, complex community is essential for a candidate’s success in this search. The ideal candidate will be a personable, yet professional Chief, with cultural sensitivity and a commitment to an active model of community policing and engagement. He/she should be able to demonstrate a history of successfully promoting and working with diversity in their work history. The selected candidate will have a bachelor’s degree with major course work in criminology, law enforcement, social or police science, public administration or a related field and four years of command or supervisory experience in the police service equivalent to the level of Captain or above. Candidates must possess P.O.S.T. certificates through the advanced level. The salary is DOQ. The City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Regan Williams at (916) 784-9080 should you have any questions. Brochure available. Closing date August 31, 2012.

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

CITY OF PASO ROBLES Located half way between San Francisco and Los Angeles, the central coast City of Paso Robles (population 30,000) sits in the heart of San Luis Obispo County’s beautiful wine country. The Paso Robles Police Department is stationed in a new state-ofthe-art emergency operations center, with 32 funded sworn personnel and an annual budget of $8.9M for FY2013 POLICE (full stafﬁng of 46 sworn may be realized as CHIEF the economy recovers). The Chief reports William Avery & Associates directly to the City Manager and along with a Captain, and two Management Consultants Lieutenants comprise the administrative team. 31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030

The ideal candidate will have a proven track record managing in a similar 408.399.4424 capacity at the department head or commanding officer level, and Fax: 408.399.4423 must be comfortable interacting with all segments of the community. email: jobs@averyassoc.net www.averyassoc.net A BS/BA in a related field is required; an MS/MA is highly desired. Possession of the POST Management Certificate and successful completion of the POST Supervisory and Middle Management Training courses is required. Salary is up to $160,020 annually, DOQ. For further information contact Bill Avery at 408.399.4424 or Ann Slate at 805.459.5132. To apply, submit cover letter, resume with current salary and five work related references (email preferred) by August 31, 2012. A formal job announcement is available at http://www.averyassoc.net/jobs.

Western City, August 2012

Regulating Lobbying Activities, Part I of II, continued

• Forbidding people from acting as lobbyists without registering.

“Revolving Door” Regulations

In addition, many ordinances restrict the amount of gifts or activity expenses a lobbyist may give a public official.

Another provision — intended more for local public officials than lobbyists — prohibits leaving public employment and returning to lobby one’s former agency or

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AVERY ASSOCIATES Current Recruitments: County of Alameda – Public Defender Delta Diablo Sanitation District – Deputy General Manager County of Marin – County Counsel County of Marin – Fire Chief City of Paso Robles – Police Chief City of Visalia – Fire Chief City of West Hollywood – Community Development Director Upcoming Recruitments: City of San Jose – Director of Parks, Recreation and Neighborhood Services City of Stockton – Deputy Director of Wastewater Town of Timnath, CO - Town Manager

co-workers. Known as “revolving door” laws, these prohibitions exist primarily because of the perceived advantage that a former local official may have in representing clients before his or her former agencies. Revolving door laws typically try to limit this advantage by imposing a “cooling-off ” period of up to one or two years before a public official may lobby his or her former agency or co-workers. The doors can swing in the other direction, too; some jurisdictions prohibit registered lobbyists from serving on local boards and commissions.

Penalties for Noncompliance

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

Finally, almost every lobbying ordinance contains some type of civil or criminal sanction for violating its provisions. Monetary penalties are common, and many ordinances include a prohibition from working as a lobbyist, typically for up to a year, if the lobbyist is found to have intentionally violated one or more of the law’s provisions. n

Please check our website at http://www.averyassoc.net/jobs for formal position announcements.

Assistant City Attorney $115,562 – $151,914 Annual Salary Range*

The City of Concord, CA is currently recruiting for an Assistant City Attorney. The ideal candidate will possess the following characteristics and expertise: • Substantial experience in public agency law. • Excellent legal research and analytical skills. • A collaborative working style. • Strong oral and written communication skills. • High ethical standards and moral character consistent with a leadership role. • A problem-solving approach to achieve client policy objectives within legal constraints. • Willingness to learn new areas of the law and to adapt to evolving legal service needs. • Dedication to public service and a dependable work ethic. Qualified candidates will possess at least three years experience in the practice of municipal law. Candidates must also possess a Juris Doctor degree and an active license to practice law in the State of California. *Currently, the 3% top portion of the range listed for this position is not available until range movement is reactivated. In addition, the salary shown for this position does not reflect the temporary 5% furlough reduction program established for the current fiscal year. For more information and to apply for this position, please visit the City’s website at www.cityofconcord.org. Apply by August 17, 2012.

League of California Cities

Looking for Footnotes? A fully footnoted version of this article is available online at www.westerncity.com.

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What You Should Know About Hiring CalPERS Retirees, continued from page 13

the circular letter pre-dates SB 1021, its description of the type of work contemplated under Section 21224 remains insightful. In describing “limited duration” engagements of retirees possessing “specialized skills,” the circular letter contemplates situations and assignments such as the elimination of work backlogs, “special projects” and work in excess of what the employer’s permanent employees can do.

Further Clarification Is Needed While SB 1021 resolved some issues in interpreting Sections 21221(h) and 21224, further clarification of the statutes may still be needed for cities that hire retirees: • Although it seems clear that appointments under Section 21221(h) and 21224 are not intended to be permanent, at what point would a continuously renewed appointment under either section lose its non-permanent character? • The statutes seem to allow the hiring of non-skilled persons to address emergencies that threaten a stoppage of public business. The circular letter is not as clear on this point and should be modified to reflect the statutes.

Legal requirements for hiring retirees must be observed.

• The circular letter provides that the employer “generally determines what specialized skills are required” in reference to Section 21224. Although the same deference should be afforded under Section 21221(h), the circular letter does not address that point.

• Can a public agency pay a retiree on a salary basis as long as the salary amount, converted to an hourly wage, does not exceed the maximum converted hourly wage paid to other employees performing comparable duties? continued

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City Librarian, City of Monterey Park, CA The gateway to the San Gabriel Valley, Monterey Park is located six miles east of the Los Angeles Civic Center and encompasses an area of 7.73 square miles, with approximately 65,000 residents. The City seeks a City Librarian who will direct the activities of the Library and serve as a leader in the community. The position reports to the Board of Library Trustees and the City Manager. The ability to multi-task, organize, plan, coordinate and reach the established goals is essential for the selected candidate. The ideal candidate should have an understanding of Library finances, budgetary process, and new technology for Library use. The incoming City Librarian will develop long-range and short-term objectives for the Library, be a mentor to the staff and citizens, and be responsive to the community’s needs. A Bachelor’s and Master’s degree in Library Science, Education and/ or a related field is required as is five years of responsible managerial experience, preferably in a municipal library environment. A Master’s in Library Science is desirable. The salary range $90,000 - $115,000 and the City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Ms. Judy LaPorte at (916) 784-9080 should you have any questions. Brochure available. Closing date August 24, 2012. Please note, there is an additional questionnaire that must be filled out with your application and submitted. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Development Services Director City of Palo Alto, CA

As part of leading the City of Palo Alto to the forefront of American cities using organizational best practices, City Manager James Keene instituted a process of redesigning the customer experience at the city’s Development Center. The Development Services Director is authorized to act across city departments with the authority of the City Manager to provide for an effective and efficient development services process. The Director will also provide broad oversight and policy direction for the overall performance of the new Development Services Department, which includes the former Development Services and Building and Inspection Services Divisions. A Bachelor’s degree in public or business administration, planning, engineering, architecture or related field is required, Master’s degree preferred. Salary will be commensurate with the experience and qualifications of the selected candidate and the City offers an excellent benefits package.

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Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Resumes acknowledged within two business days. Call Phil McKenney at (866) 912-1919 for more information. A detailed brochure is available at www.peckhamandmckenney.com.

Filing deadline is August 15, 2012.

Western City, August 2012

What You Should Know About Hiring CalPERS Retirees, continued

• Both statutes require the employer to identify the maximum monthly base salary paid to other employees performing “comparable duties” as listed on a publicly available pay schedule. Does the concept that an employer has employees who perform duties “compa-

rable” to those to be performed by the retiree contradict the notion that the retiree possesses “specialized” skills? • With respect to Section 21221(h), SB 1021 deleted the sentence: “The governing body of a contracting agency

WESTERN CITY MAGAZINE (AUGUST 2012 ISSUE) – 4.75” x 3.5”

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JOBS AVAILABLE (JULY 31 and AUG 14, 2012 ISSUES) – 4.75” x 3.5”

City Manager, City of Lake Elsinore, CA The City of Lake Elsinore, with more than 53,024 residents, is located in the heart of the I-15 corridor and bridges the activity between Los Angeles, Orange County, Riverside and San Diego. The City is seeking a seasoned leader for their new City Manager. The selected individual will be trustworthy, approachable, honest, and ethical. Professionals with high integrity and strong leadership skills are desired. The new City Manager will identify and respond to sensitive community and organizational issues, concerns and needs. The ability to work with and attract small business and developers is essential to the success of the City. An economic development plan which will bring growth and new business to the City is a priority. The Council is seeking a self-starter who can help create a strategic plan, establish a vision for the future and ensure projects are seen through to completion. The City Manager must be accessible and visible, and committed to being a proactive participant in the community, with a focus on establishing and maintaining effective and cooperative relationships between the City and representatives of community and business organizations. A bachelor’s degree in public or business administration or a related field is required and a master’s degree is preferred. In addition, the ideal candidate will have experience in a recreation or resort / tourism-based community and with economic or community development. The salary range for the incoming City Manager is $135,000-$185,000; the City also offers an attractive benefits package comparable. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Wesley Herman at (916) 784-9080 should you have any questions. Brochure available. Closing date August 31, 2012.

shall appoint a retired person only once under this subdivision.” Now the sentence reads: “A retired person shall only be appointed once to this vacant position.” Although the two sentences might appear to say the same thing, the appointment limitation under the new wording is tied to the number of times a person can be appointed to the position rather than the number of times the person may be appointed under Section 21221(h). The new wording seems to open up the prospect that a retiree appointed once to fill one vacant position could be appointed later by the same employer to fill another vacant position. Clarification from CalPERS in this regard may be warranted. The passage of SB 1021 offers some clarity on certain questions raised by AB 1028 and the circular letter but leaves other questions unanswered. Cities will no doubt welcome further guidance from either CalPERS or the Legislature on interpreting Sections 21221(h) and 21224. n

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

Just announced . . .

Finance Director Budget Officer City of Concord Check the TB&Co. website for the latest details – www.tbcrecruiting.com Teri Black-Brann • 310.377.2612 Carolyn Seeley • 949.487.7606

Looking for Footnotes? A fully footnoted version of this article is available online at www.westerncity.com.

League of California Cities

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10 Questions to Ask Before Installing Solar Power on Agency Facilities, continued from page 23

and other equipment located there or may not be able to support the extra weight. However, if a building needs a new roof, you may be able to integrate PV into the project. Involving a structural engineer is a good practice when evaluating possible sites. Consult the Fire Department to be sure the installation meets fire code requirements.

aware of this and can help too. The trick is not to apply through the utility too early, because cities often have a very long approval process. We don’t want the city to reserve the money so early that their eligibility period runs out before they get the project done. We also don’t want the city to wait too long and find out they are no longer eligible. Do a little homework, and the utility can help your city understand the rules.” 10. Which types of facilities are most suitable for installing PVs?

Location is critical to a well-performing system. PV systems can be mounted on a newer roof, on the ground or on a new structure such as a parking lot canopy. The best installations are south facing and not shaded. In some instances, particularly with older or existing buildings, roofs are not a good location because they already have heating and air systems P

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“A wastewater plant is also a good option,” says Tredinnick. “Treating and moving water requires a lot of energy.”

Parking lot shade structures provide ideal locations for solar photovoltaic installations.

Some cities have had problems with solar panel thefts just prior to installation and with vandalism; take steps to proactively address these potential problems. When considering location, make every effort to ensure the facility chosen for the PV system will continue to be used in the future and not closed due to budget cuts or relocated. n

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

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

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Western City, August 2012

Splendidly done, Simi Valley!

Proving that cities can create a truly sustainable future in unlimited ways, the City of Simi Valley joined the California Green Communities challenge and is modeling best practices that are improving the quality of life for the entire community. Congratulations Simi Valley for a Superb Silver status accomplishment! Simi Valley is adopting innovative green building strategies – enacting an energy efficiency reach code as part of its Green Building Ordinance and implementing an Affordable Housing Ordinance that creates incentives for projects to incorporate climate friendly and green building practices. Sustainable practices in City facilities include installation of energy efficient lighting and occupancy sensors that are lowering electric bills, and resulted in Simi Valley’s first LEED Gold certification for its transit maintenance facility expansion and modernization project in 2011. Community members are also playing an important role in the City’s success through their overwhelming support and participation in the City’s water conservation campaign and annual Living Green Expo.

To learn more, log on to www.cagreencom.org California Green Communities is a registered trademark of USA Green Communities, Inc., a non-profit corporation. Pictured: Simi Valley City Hall.