Western City December 2017

DECE M BE R 2017 |

The Monthly Magazine of the League of California CitiesÂŽ

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Embracing Kindness to Build Stronger Communities p.13 2017 Legislative Session Makes Many Changes to California Housing Law p.9 Taking Proactive Steps to Avoid Scandal p.3

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Since 1954

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

Taking Proactive Steps to Avoid Scandal

2017 Legislative Session 9

Makes Many Changes to California Housing Law

By Jason Rhine

ifteen bills made it into the F “Housing Package” that Gov. Jerry Brown signed, which includes the League’s “Blueprint for More Housing” legislation.

By Carolyn Coleman

When making decisions or taking action, the savvy local official embraces the notion that the law creates a floor for ethical behavior — not a ceiling. In other words, just because a particular course of action is legal doesn’t mean that it is ethical.

6 City Forum

Torch Program Recognizes Leadership in Action and Continued Education

By Eva Spiegel

his voluntary program recognizes T elected officials for continuing their education to enhance their knowledge and skills and for undertaking leadership roles to better serve the public.

7 Legal Notes

Prevailing Wage Compliance: What Cities Should Do to Avoid Penalties Under SB 96

By Clare M. Gibson

revailing wage laws have P changed again. Because prevailing wage requirements apply to all public works contracts over $1,000, these new requirements will apply to the vast majority of municipal public works projects.

Embracing Kindness 13

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across California put their TRUST in us,

because we check all the boxes when it comes to managing their investments.

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indness is about culture; it is a K way of thinking and acting. The ability to foster community resiliency is one of the most important benefits of promoting kindness.

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Job Opportunities 15 Professional Services 23 Directory

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President Rich Garbarino Council Member South San Francisco

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

Second Vice President Jan Arbuckle Council Member Grass Valley

Immediate Past President JoAnne Mounce Council Member Lodi

Executive Director Carolyn Coleman

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

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

leaguevents DECEMBER 13–14

Fire Chiefs’ Leadership Seminar, Newport Beach This seminar features a variety of sessions on timely and important topics for fire service professionals and offers attendees networking opportunities with fellow California fire personnel.

13–14

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

13–15

City Clerks’ New Law & Elections Seminar, Newport Beach The seminar covers laws affecting elections as well as other aspects of clerks’ responsibilities.

Associate Editors Carol Malinowski Carolyn Walker

January 2018 17–19

Design Taber Creative Group

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. Attendees also have an opportunity to meet their legislators at the Legislative Reception on Wednesday evening.

Advertising Design ImagePoint Design For photo credits, see page 18.

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

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Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2017 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume XCIII, No. 12.

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First Vice President Mark Kersey Council Member San Diego

League of California Cities

18–19

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 as part of the organization’s policy-making process. Learn how to join a League policy committee at www.cacities. org/joinpolicy.

31–February 2

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

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

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

Executive Director’s Message by Carolyn Coleman

Taking Proactive Steps to

Avoid Scandal It seems that not a day goes by without a headline, a blog post or a tweet about public corruption, a scandal involving a government official or allegations of misconduct. The numbers are significant.

In 2012, more than 1,000 public officials nationwide were convicted of bribery, fraud, perjury and/or theft. The preceding 20 years saw an average of 1,013 public corruption cases annually (see An In-Depth Look at Public Corruption in California, DePangher, 2014, at bit.ly/2zBNbGk). However, despite the numbers, the vast majority of public servants are honest and trustworthy.

Unfortunately, it takes only one ethics allegation, violation, arrest or conviction to tarnish the credibility of all public servants and erode the public’s trust in government. Although only a small

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minority of individuals violate the public’s trust, all public officials must be proactive in assuring the public that the people’s business is being carried out in an ethical and transparent manner.

3. Ensure that City Hall staff have the training they need to carry out their responsibilities in an ethical manner, and encourage them to speak up if they see something unusual.

What can you do to help build, restore and maintain the public’s trust in your City Hall and help your city avoid being ensnared in the next scandal? Fortunately, you can implement many proven strategies to stay out of those headlines. Here are three that have stood the test of time:

To help local officials navigate this landscape, the League and its research affiliate, the Institute for Local Government (ILG), offer many resources through the Western City “Everyday Ethics for Local Officials” series and on the ILG website that expand on these strategies.

This column summarizes fundamental concepts from these resources.

1. Be familiar with the laws and key principles regarding public servants’ ethical behavior; 2. Foster a culture in your City Hall of good governance and transparency; and

continued

Western City, December 2017

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Taking Proactive Steps to Avoid Scandal, continued

Key Laws and Principles Regarding Ethics In California, state and federal laws create a set of requirements to guide public servants in their work on behalf of the community. As is often the case, compliance with the law is seldom the end of the analysis. When making decisions or taking action, the savvy local official embraces the notion that the law creates a floor for ethical behavior — not a ceiling.

In other words, just because a particular course of action is legal doesn’t mean that it is ethical.

Understandably, local officials are busy serving their communities and residents and don’t have unlimited time to read a library of articles on how to handle a situation involving ethics. That’s why many rely on the “Front Page” litmus test to inform their decision-making. Since it was published in 2012, “The ‘Front Page’ Test: An Easy Ethics Standard” continues to be one of Western City’s most popular and frequently read articles. This test requires asking yourself, “How would I feel if the course of action I am considering were reported on the front page of the local newspaper or blog?” If it would leave you feeling uncomfortable, it’s wise to consider a different course of action.

Public officials must also know when to remove themselves from the decisionmaking process to avoid a conflict of interest or even the appearance of a conflict. A conflict of interest arises when a public official has a personal financial or other interest in the outcome of a matter.

In the case of a public official who has a conflict of interest in a matter, the law may prohibit or ban participating in the decision-making process. At other times, there may not be a direct conflict, but the appearance of impropriety or questions regarding a public official’s ability to be impartial may exist. In those circumstances, it might be best for the public official to abstain from voting on a particular matter in order to protect the integrity — or the perception of the integrity — of the process. The article “Deciding When to Step Aside From the Decision-Making Process: Abstentions and Disqualifications” provides a useful overview of the distinctions between abstentions and disqualifications and the actions a public official can take to stay on the right side of the law and ethics.

Understanding the Basics of Public Service Ethics Laws, another resource to help public officials develop a solid understanding of public ethics laws, is a comprehensive

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When it comes to handling ethical situations, things are rarely black and white; there are many gray areas. It’s always a good idea to consult your city attorney, who can help guide you through the legal framework that applies and advise you on other steps you might take to maintain the public trust.

Fostering a Transparent and Ethical Culture Agency leaders set the tone at the top of their organizations, and the converse is also true: “A fish stinks from the head down.” By promoting good governance practices throughout the organization, agency leaders can help set an ethical tone. Leaders who fail to do this risk an environment and organizational culture where ethical lapses and scandals can proliferate. Wonder where your agency falls on the scale of good governance practices?

ILG’s “Good Governance Checklist: Good and Better Practices” is a useful tool designed to help local officials and staff assess their current practices and identify areas for improvement.

Transparency — both on the part of the agency and the agency staff — is one of the hallmarks of good governance. A commitment to transparency demonstrates to the public that neither you nor your agency have anything to hide. Today, city websites, public access channels and social media tools provide opportunities for local agencies to share information with the public and the media about current topics

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guide available on the ILG website. Topics covered include personal gain, gifts and other perks, transparency, fair process laws, federal ethics laws and the consequences for ethics laws violations.

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

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Read Exclusive Website Feature on Governance Visit www.westerncity.com to read the latest feature on governance from the Institute for Local Government and learn about the attributes of exceptional governance teams; click on “Web Exclusive” on the home page.

of interest to your community. Besides enabling the public to get information about city actions and to observe government proceedings live, these tools also enable residents to participate in the process on a real-time basis. For ideas on what to consider including on your website, read “Local Agency Opportunities for Website Transparency” at www.westerncity.com.

An engaged public is another hallmark of good governance. In the aftermath of a scandal, one of the first questions asked is, “How could this have happened?”

The post-mortem on a scandal often includes mention of the lack of citizen engagement as a condition that enabled a culture of deception to flourish. A meaningful opportunity for public participation in government processes is fundamental to our democracy and can serve as an important check on abuses of public positions. This engagement is also a core component of the civic infrastructure in any community and as vital to a community’s health and well-being as physical infrastructure. For more information on how to plan and execute efforts to engage the public in your community, see ILG’s TIERS Public Engagement Framework.

Train Staff on Ethics and Its Value to the Organization Setting the tone for employees in your city begins with the recruiting process for job candidates and during new employee orientation. As part of the hiring process, emphasize to candidates your city’s mission and values, including your expectations for the highest ethical conduct from all employees. Asking questions in the www.westerncity.com

Just because a particular course of action is legal doesn’t mean that it is ethical. interview process that will allow you to assess how a candidate might handle a difficult work-related ethical situation is another element of this strategy.

The orientation process for newly hired employees presents another opportunity to convey the value the city places on ethics and the importance of building and maintaining the public’s trust. This is especially important with staff who are new to the public sector and may not have any knowledge or awareness of the important differences between publicsector and private-sector employment.

“Getting Public Employees Off to a Good Start” (www.westerncity.com) features strategies for raising awareness in the workplace about the special obligations of being a public agency staff member and includes an easy-reference orientation chart for new hires. ILG offers additional resources on the “Local Government Basics for Those New to Local Public Service” page of its website.

Throughout the course of an employee’s career with a public agency, it’s also a smart strategy to provide refresher training on ethics laws and principles as well as recent changes in this area, which is dynamic by nature.

For example, the City of Palo Alto worked with ILG to develop training for its entire staff based on the city’s code of ethics. “Palo Alto used the ethical values advanced by ILG to provide a foundation for guiding ethical behavior and decisionmaking,” says Palo Alto City Manager Jim Keene. “The citywide training conducted by ILG helped our employees understand how these values inform

our public service and how to integrate ethics in our work and daily lives.” For more information, visit www.ca-ilg.org/ ethicstraining or contact Melissa Kuehne, communications and development director; phone: (916) 658-8202; email: mkuehne@ca-ilg.org.

Keeping Ethics at the Forefront In addition to utilizing the recruiting process, orientation sessions and ongoing training to raise awareness of the importance and expectations regarding ethical behavior, certain public officials in California are required to take two hours of formal training in ethics principles and laws every two years. This training is referred to as AB 1234 training, named for the bill that established the requirement (AB 1234, Chapter 700, Statutes of 2005). ILG offers several resources to help local officials comply with this requirement, including a set of frequently asked questions.

Building and maintaining the public’s trust requires public officials with knowledge and understanding of ethics laws, a culture of ethics in the workplace and agency staff who are trained in applying ethics principles in their daily work. I encourage you to periodically review the resources presented here and hold conversations about ethics with your staff and elected officials. By keeping ethics at the forefront of our organizations, we can avoid becoming front-page news. The League and ILG are here to support your work in this area. ■

Western City, December 2017

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Torch Program Recognizes Leadership in Action and Continued Education

by Eva Spiegel The League’s Mayors and Council Members’ Department honors the hard work and commitment of its peers through the Mayors and Council Members’ Leadership Academy Torch Program.

This voluntary program recognizes elected officials for continuing their education to enhance their knowledge and skills as well as undertaking leadership roles to better serve the public. The recognition reflects leadership in action and is a personal assessment tool to evaluate your development as a public official.

Since the program launched in 2003, hundreds of city officials have participated. The program comprises: • Level I — Leadership; • Level II — Advanced Leadership; and • Level III — Leadership in Action.

Vacaville Council Member Curtis Hunt completed Level III in 2014. Hunt, who also serves on the League board of directors, sees great value in the program and encourages his colleagues on city councils throughout the state to become active in the League. “Leadership is a subjective concept,” says Hunt. “The Torch Program provides realistic milestones to measure and define your leadership.”

At the 2017 League of California Cities Annual Conference & Expo, the Mayors and Council Members’ Department recognized the achievements of the elected city officials who reached Level II or III in 2017. Each graduate received a lapel pin and a certificate. Participants can also work with their regional public affairs managers if they prefer to receive their Level II or Level III recognition in their own city or during a division meeting.

Participants may also request a press release be sent to local newspapers and broadcast news outlets.

Torch Program participants have numerous opportunities every year to complete the requirements associated with the three levels of achievement. The program encourages leadership within the League through service on League policy committees, task forces, regional divisions, diversity caucuses and the board of directors. In addition, participants can meet some of the requirements by being a member of the California Council of Governments (CalCOG), their local council of governments, Local Agency Formation Commission (LAFCO) and associated committees as well as county, regional and state commissions, agencies or boards.

Torch Program graduates are recognized at the 2017 League of California Cities Annual Conference & Expo: left to right Pippin Dew-Costa, council member, Vallejo; Sara Lamnin, council member, Hayward; Denise Athas, mayor, Novato; Richard W. Kite, council member, Rancho Mirage; and Amanda Young Rigby, council member, Vista.

Building Expertise Beyond the Council Corona Council Member Karen Spiegel finished Level III in 2014 with Council Member Hunt. She believes that participating in the Torch Program helps mayors and council members develop the skills and experiences necessary to serve their residents better.

“The most rewarding aspect is that the Torch Program encourages elected officials to be well-rounded,” says Spiegel.

“The requirements include more than just participation in the League. You need to know your community and you need to work with other mayors and council members throughout your region and the state, because sharing ideas is critical to anyone who will be an effective elected official. Being connected is key because cities don’t work in silos.”

League Second Vice President and Grass Valley Council Member Jan Arbuckle echoes Hunt and Spiegel in stressing the Torch Program’s emphasis on the importance of mayors and council members’ involvement beyond the city council when serving their community. “By connecting with the mayors and council members in your division and other city officials throughout California, you get to know a broad cross section of California’s leaders,” says Arbuckle. “That networking really helps you become a better leader, because your city operates in local, regional and statewide spheres. The Torch Program requirements offer a forum to talk with colleagues statewide about their challenges, which we all share, and then learn about the solutions they implemented. If you stay only in your own city, you would never have that opportunity.”

For More Information A list of mayors and council members who have received recognition since 2003 is available on the League website at www.cacities.org/TorchProgram. This web page also includes details on the Torch Program requirements and the application.

Mayors and council members can submit applications at any time during the year. ■

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

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Prevailing Wage Compliance:

What Cities Should Do to Avoid Penalties Under SB 96

by Clare M. Gibson In 2014, SB 854 (Chapter 28, Statutes of 2014) created a new system for oversight of prevailing wage compliance by the California Department of Industrial Relations (DIR). It required contractors and subcontractors to register with the DIR in order to bid or contract for public works projects and to submit payroll records directly to the DIR through a new online portal. SB 854 also required cities and other local agencies to notify the DIR online within five days after award of a public works contract.

Now prevailing wage laws have changed again, suddenly and without much notice.

SB 96 (Chapter 28, Statutes of 2017) was signed into law on June 27, 2017, as a budget trailer bill and became effective immediately. SB 96 refines and expands SB 854’s requirements and adds significant penalties for local agencies that fail to

comply with prevailing wage requirements.

Because prevailing wage requirements apply to all public works contracts over $1,000, these new requirements will apply to the vast majority of municipal public works projects.

SB 96 Requirements and Penalties SB 96 is a complex bill that amended and repealed dozens of statutes, but in terms of prevailing wage compliance, your city should be aware of the following key changes enacted by SB 96: • The subcontractor list form submitted by bidders for public works contracts must now include the DIR registration number for each listed subcontractor; • Cities now have up to 30 days, instead of five days, to notify the DIR following award of a public works contract;

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.

• Cities that fail to comply with certain prevailing wage requirements are subject to penalties up to $10,000 and potential loss of state funding for a year; and • Construction contracts under $25,000 and maintenance contracts under $15,000 are now exempt from some prevailing wage requirements, including DIR registration and DIR notification of award.

continued

Clare M. Gibson is a senior partner with the law firm of Jarvis Fay Doporto & Gibson LLP and can be reached at clare@jarvisfay.com. www.westerncity.com

Western City, December 2017

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Prevailing Wage Compliance: What Cities Should Do to Avoid Penalties Under SB 96, continued

Subcontractor List Requirements What Cities Should Know. The Public Contract Code requires bidders to submit a list of every subcontractor that will perform work in excess of one half of 1 percent of the contract price. SB 96 requires that the subcontractor list form now include the DIR registration number for each listed subcontractor. An inadvertent error in listing a subcontractor’s DIR number will not be grounds for a bid protest or for rejecting the bid as nonresponsive if the contractor provides the correct number within 24 hours following the bid opening.

What Cities Should Do. Ensure that the city’s subcontractor list form and its instructions to bidders require the DIR registration number for each listed subcontractor. Adopt internal procedures to check subcontractor DIR numbers

Looking for Footnotes?

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

immediately after bids are opened and to notify the apparent low bidder(s) that an inadvertent error in a DIR number may be subject to a bid protest if it is not corrected within 24 hours.

Notifying the DIR of Awarded Contract What Cities Should Know About the DIR Notification Deadline. SB 854 introduced a new requirement that cities

and other local agencies notify the DIR within five days of award of a public works contract by completing the DIR’s PWC-100 form online at https://www. dir.ca.gov/pwc100ext/. Under SB 96, cities now have up to 30 days, instead of five days, to notify the DIR following award of a contract subject to DIR oversight — at least in theory. However, the notification of award must be provided no later “than the first day in which a continued on page 19

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2017 Legislative Session

Makes Many Changes to

California Housing Law League’s “Blueprint for More Housing” Included in the Housing Package

by Jason Rhine California faces significant housing affordability and supply challenges, especially in coastal regions where the technology sector has experienced booming highwage job growth combined with limited housing construction.

State housing officials estimate that 180,000 homes need to be built each year to keep pace with population growth. Over the past decade, on average, less than half that number have been constructed annually.

What Caused the Problem and How Can It Be Fixed?

Several factors helped create the current situation. The massive withdrawal of state funding for affordable housing has certainly contributed to the affordability crisis. Since the state eliminated redevelopment agencies in 2011, local agencies have lost over $5 billion for affordable housing. The proceeds of the state

housing bond (Proposition 1C of 2007) have been expended. Furthermore, since the 1980s the federal government has been backing out of funding affordable housing, which compounds these factors.

Despite the state budget flourishing in recent years due to infusions of income tax, no significant funds (other than some cap-and-trade dollars) have been allocated for affordable housing.

In an effort to address some of the barriers to housing construction at the state and local levels, lawmakers introduced more than 130 bills in the 2017 legislative session, many focused on reducing or eliminating local land-use authority and discretion. After months of negotiations and public hearings, 15 bills made it into the “Housing Package” and Gov. Jerry Brown signed them. These bills fall into three main categories: funding, streamlining and local accountability.

League Blueprint for More Housing Takes on the Challenge The Housing Package includes the League’s “Blueprint for More Housing,” which comprises two key funding measures: SB 2 (Atkins), a real-estate transaction fee that is projected to generate hundreds of millions of dollars annually and SB 3 (Beall), a $4 billion housing bond. A third essential bill, SB 540 (Roth), streamlines housing approval.

Housing Package of Bills Signed by the Governor Funding Bills AB 571 (E. Garcia, Chapter 372, Statutes of 2017) Farmworker Housing Tax Credits makes changes to the farmworker housing tax credit set-aside within the Low-Income Housing Tax Credit continued

Jason Rhine is a legislative representative for the League and can be reached at jrhine@cacities.org.

www.westerncity.com

Western City, December 2017

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2017 Legislative Session Makes Many Changes to California Housing Law, continued

Program and to the state Department of Housing and Community Development (HCD) Office of Migrant Services. These changes make it easier to develop farmworker housing by easing qualifications for the tax credit program.

SB 2 (Atkins, Chapter 364, Statutes of 2017) Building Homes and Jobs Act is projected to generate hundreds of millions of dollars annually for affordable housing, supportive housing, emergency shelters, transitional housing and other housing needs via a $75 to $225 recording fee on specified real estate documents. For 2018, 50 percent of the funds collected are directed to local governments to update planning documents. Beginning in 2019 and for subsequent years, 70 percent of the proceeds are allocated to local governments through the federal Community Development Block Grant formula, so that the funds may be used to address housing needs at the local level.

SB 3 (Beall, Chapter 365, Statutes of 2017) Veterans and Affordable Housing Bond Act of 2018 places a $4 billion general obligation bond on the November 2018 ballot to provide funding for affordable housing programs and the veterans home ownership program (CalVet). If approved by voters, SB 3 would fund the following existing programs: • Multifamily Housing Program — $1.5 billion; • Transit-Oriented Development Implementation Program — $150 million;

• Infill Incentive Grant Program — $300 million; • Joe Serna, Jr. Farmworker Housing Grant Fund — $300 million; • Local Housing Trust Fund Matching Grant Program — $300 million; • CalHome Program — $300 million; • Self-Help Housing Program — $150 million; and • CalVet Home Loan Program — $1 billion.

Streamlining/Planning Bills AB 73 (Chiu, Chapter 371, Statutes of 2017) Planning and Zoning: housing sustainability districts allows a city or county to create a housing sustainability district to complete upfront zoning and environmental review so that it can receive incentive payments for development projects that are consistent with the jurisdiction’s ordinance.

AB 879 (Grayson, Chapter 374, Statutes of 2017) Planning and Zoning: housing element requires HCD to study the Mitigation Fee Act (MFA) and determine the reasonableness of local development fees and develop findings and recommendations on potential amendments to the MFA to substantially reduce fees for residential development.

AB 1397 (Low, Chapter 375, Statutes of 2017) Local Planning: housing element; inventory of land for residential development revises the inventory of land suitable for residential development

identified in a city’s housing element to include vacant sites and sites that have “realistic and demonstrated potential” for redevelopment to meet a portion of the locality’s housing need for a designated income level. AB 1397 also requires cities and counties to demonstrate local efforts to remove “nongovernmental constraints” that limit housing construction, including the cost of land or rental rates, despite the fact that local governments have no control over these constraints.

AB 1505 (Bloom, Chapter 376, Statutes of 2017) Land Use: zoning regulations clarifies and strengthens local authority to enact inclusionary rental housing programs, in accordance with the jurisdiction’s police power.

AB 1521 (Bloom, Chapter 377, Statutes of 2017) Land Use: notice of proposed change; assisted housing developments strengthens the Preservation Notice Law regarding the preservation of state-assisted housing developments by requiring an owner of an assisted housing development to accept a bona fide offer to purchase from a qualified purchaser.

SB 35 (Wiener, Chapter 366, Statutes of 2017) Planning and Zoning: affordable housing; streamlined approval process requires nearly every city to ministerially approve multifamily housing developments that are consistent with existing locally adopted plans and zoning ordinances without any new project-level analysis. A city is subject to SB 35 if it: 1. Is an urbanized area (population over 50,000) or urban cluster (population over 2,500, but less than 50,000); and 2. Issued fewer housing permits than the Regional Housing Needs Allocation (RHNA) for each income category.

SB 35 further restricts development by excluding sites within the coastal zone, important habitat areas, high fire hazard zones, delineated earthquake fault zones unless mitigated, floodplains, prime

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farmland and hazardous waste sites.

Developers that use SB 35 streamlining must pay prevailing wage, ensure that skilled and trained workers completed the development and set aside 10 to 50 percent of the units for affordable housing.

SB 35 sunsets in 2026.

SB 166 (Skinner, Chapter 367, Statutes of 2017) Residential Density and Affordability amends the No Net Loss Zoning law to require local governments to maintain adequate housing sites at all times throughout the planning period for all levels of income. This measure prohibits a city, county or city and county from permitting or causing its inventory of sites identified in a housing element to be insufficient to meet its remaining unmet share of the regional housing need for lower and moderate-income households.

SB 540 (Roth, Chapter 369, Statutes of 2017) Workforce Housing Opportunity Zone streamlines the housing approval process by having cities identify Workforce Housing Opportunity Zones, in which enhanced planning, necessary environmental reviews and public engagement occur at the front end of the process. After completing and adopting the Specific Plan and environmental impact report, the housing project will be approved ministerially without any additional review. SB 540 provides a grant or loan to fund upfront planning and environmental review.

Enforcement Bills AB 72 (Santiago, Chapter 370, Statutes of 2017) Housing provides HCD broad new authority to review any action by a city or county that HCD determines is inconsistent with an adopted housing element and allows HCD to decertify an approved housing element. AB 72 also allows HCD to review and refer to the attorney general alleged violations of state law, including the Housing Accountability Act, No Net Loss, Density Bonus and anti-discrimination housing statutes.

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AB 1515 (Daly, Chapter 378, Statutes of 2017) Planning and Zoning: housing requires housing projects to be deemed consistent, compliant and conforming with an applicable plan, if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant or conforming.

SB 167 (Skinner, Chapter 368, Statutes of 2017) Housing Accountability Act and AB 678 (Bocanegra, Chapter 373, Statutes of 2017) Housing Accountability Act make a number of changes to the Housing Accountability Act. Most notably, SB 167 requires housing project denials to be supported by findings that are based on “a preponderance of evidence” rather than “substantial evidence.”

SB 167 also imposes mandatory fines of $10,000 on cities that fail to comply with a judge’s order within 60 days and allows enhanced fines (multiplied by a factor of five) if a city acts in bad faith.

Outlook for the 2018 Legislative Session At the bill-signing ceremony for the 2017 Housing Package, many law-makers insisted that this was only the first step in addressing California’s housing affordability and supply crisis. Many more bills will likely be introduced in January and February 2018, adding to the dozens of other housing bills still pending and technically eligible for a vote. Housing policy will continue to generate extensive activity during the 2018 legislative session.

Related Resources for Cities In December, the League releases its 2017 Legislative Briefing Book, which contains a detailed appendix focused on all of the key housing-related bills signed by the governor. The League is also offering A 2018 Guide to New Housing Law in California to help cities understand the changes to the state’s housing laws and actions that can be taken to prepare for these changes. For more information, visit www.cacities.org/housing. ■

Western City, December 2017

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Embracing

to Build

by Tom Tait

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www.cacities.org

Kindness

Stronger Communities Kindness. It’s a big, powerful word.

It means doing something for someone else with no expectation of anything in return. It’s much more than simply being nice — kindness is an action word. You can be compassionate, empathetic and respectful sitting on your couch, but being kind requires you to get off the couch and help someone.

So where does government come in?

Imagine a city where everyone is just a little kinder. When that happens, the number of issues we work on as local leaders start to decrease, including rates of crime, drug addiction, elder abuse, graffiti, bullying and school dropouts.

Cities address these issues every day through police, code enforcement and other responsive actions. These are essential city services.

But kindness recognizes a difference between treating symptoms and healing our cities from within.

In Dharamshala, India, His Holiness the Dalai Lama presents Anaheim Mayor Tom Tait, right, with a Dharma Wheel statue that represents never-ending continuity, as Anglican Archbishop and Nobel Peace Prize awardee Desmond Tutu, center, looks on.

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www.westerncity.com

In 2004, I began to notice banners displayed around our city that read, “Make Kindness Contagious.” The man behind them, Edward Jaievsky, shared with me what inspired this campaign.

He lost his daughter Natasha in a car accident while on a family vacation. Upon returning home, friends and neighbors

remembered how 6-year-old Natasha always wrote and talked about kindness.

Jaievsky went on to find heartfelt drawings and inspiring words about kindness tucked away in his daughter’s bedroom closet and drawers.

Then Jaievsky told me something profound, “In medicine, you can either treat the symptoms or you can stimulate the body to heal from within. The same applies to a city,” he said. “You can either treat the symptoms or you can stimulate the city to heal from within. And I think that has something to do with kindness.”

A light snapped on for me. Maybe I knew he was right because I had spent years attempting to treat Anaheim’s symptoms.

There was a better way to fix our problems: creating a culture of kindness. It’s our long game. Just like holistic medicine, it’s not a short-term solution, but it has the potential to change our cities for the better — for generations to come. continued

Tom Tait is mayor of the City of Anaheim and can be reached at ttait@anaheim.net.

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Embracing Kindness to Build Stronger Communities, continued

This is not just a feel-good thing. Kindness actually is serious business. It builds social muscle — the ability of a community to rally in the face of disaster and rebound even stronger.

As we have seen this year in Houston, Florida, Puerto Rico and Mexico and the Northern California wildfires, our first responders are often stretched beyond their limits in a major disaster. Neighbors connected will be there for each other with boats and food or to dig others out of the rubble. The ability to foster community resiliency is one of the most important benefits of promoting kindness.

One Million Acts of Kindness In Anaheim, a culture of kindness is building a stronger city.

Since 2015, Anaheim students have completed more than 1 million acts of kindness, from helping their parents with the dishes to asking a kid sitting alone to play.

What’s happening here hasn’t gone unnoticed. In 2015, His Holiness the Dalai Lama came to Anaheim to celebrate his 80th birthday and talk about instilling kindness in communities. A year later, the Dalai Lama joined entertainer Lady Gaga and businessman and philanthropist Phil Anschutz at the U.S. Conference of Mayors in Indianapolis.

Anaheim volunteers and city staff plant a “kindness garden”; Anaheim Mayor Tom Tait joins students to talk about kindness at an after-school program sponsored by Higher Ground Anaheim, a nonprofit that mentors at-risk youth, above.

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And in our budget-strapped cities, the best thing is that kindness really doesn’t cost anything.

T-shirts, erasers and “kindness-grams” that could be sent to friends to raise money for kind causes.

Here are practical steps to implement kindness in your city.

After visiting a mountain science camp, they observed that one of their classmates in a wheelchair wasn’t able to do everything others could do at the camp. In response, they used the money from their fundraising efforts to buy an all-terrain wheelchair so their classmate could enjoy more of the camp experience.

Have a Champion Because kindness is about establishing a culture, the first step is to have someone espouse its importance at every opportunity.

In Anaheim, I do this in my role as mayor.

In nearly every speech I give or meeting I attend, I try to talk about kindness.

Now, there clearly are times when talking about kindness is out of place. But you’d be surprised by how often it fits in with things I do every day as mayor.

Partner With Schools

Their message inspired city leaders from throughout our country to pass the 100 Billion Acts of Kindness Resolution, challenging residents, businesses and schools to achieve 100 billion acts of kindness nationwide.

Schools are critically important in this effort. Start by getting superintendents, principals and teachers on board. Kindness is a long-term investment that seeks to change culture for decades to come. So students are our core audience, and the best part is they get it.

They are now over 504 million and counting. You can track their progress at CityofKindness.org, which also offers inspiring stories and ways to implement kindness in your community.

Kindness, at its core, is simple. It’s about doing things for others with no expectation of anything in return. In Anaheim, our students have embraced this concept and made kindness happen.

At its core, kindness is about culture. It is a way of thinking and acting. Chief executives and other leaders can change the cultures of their organizations, so why can’t mayors or other community leaders change the culture of their cities?

At Baden-Powell Elementary School in west Anaheim, students read Wonder

by R.J. Palacio, a novel that spawned the phrase “choose kind” — short for “when given the choice between being right or being kind, choose kind.” The Baden-Powell students sold “choose kind”

The students are now raising money to buy another wheelchair that will remain at the camp for anyone who needs it.

Partner With Nonprofits and the Faith Community In Anaheim, we are blessed with many great nonprofits and faith-based communities that embody the spirit of kindness.

One in particular, Love Anaheim, brings together churches, faith groups, other nonprofits and community members to make our city better. Each month, volunteers paint park trash cans, pack and give out care packages, clean up gardens and hold arts and crafts camps for kids.

And now Love Anaheim is helping the city launch an innovative program to provide the dignity of work to those who find themselves homeless and without a job. Named Better Way Anaheim and inspired by a program in Albuquerque, New Mexico, Love Anaheim offers people the chance to earn food and motel vouchers by working to make our community better. They’ll also have access to services to help break the cycle of homelessness. continued on page 23

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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

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.

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

CITY OF EASTVALE, CALIFORNIA

Assistant City Manager

Eastvale, a City of pride, community, and prosperity, is one of Western Riverside County’s newest and fastest growing cities in the State! A highly qualified, enthusiastic candidate is sought to assist in administering City services, exciting new projects and operations at City Hall.

The ideal candidate will be a seasoned professional and forward-thinking “hands on” leader that will foster creativity and innovation, promote change to enhance efficiencies, and effectively develop and utilize the talents of current staff.

A Master’s degree in public administration or a related field is preferred, and five years of public sector managerial experience administering varied work programs, including Code Enforcement.

Salary: $130,098-$174,344 annual, DOQ, and an attractive benefits package.

For more information and to apply, visit www.HRDPM.com. Contact: Henry Garcia (951) 999-1617.

Closes January 5, 2018.

www.westerncity.com

Police Chief

City of Redwood City, CA

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ocated in the center of the San Francisco Peninsula in San Mateo County, Redwood City is home to 83,000 residents.

Numerous world-class firms and more than 500 start-ups have a notable presence in this increasingly popular Silicon Valley community that has been named among the Top 100 places to live by Liveability.com. The Redwood City Police Department is supported by a staff of 128 (97 sworn) and an annual budget of $45.27 million.

The City is seeking a courageous, contemporary and community oriented leader known for being innovative and solutions driven. He/she will be a highly resourceful manager, collaborative team player and an exceptional mentor who is committed to developing others. The ideal candidate will value community engagement as a standard business practice and be known for embracing diversity in all forms. He/she will offer a strong professional history in municipal law enforcement that includes breadth in assignments as well as significant managerial and administrative experience. A Bachelor’s degree is required; Master’s degree and/or formal leadership training is desirable.

Salary range $192,648 - $260,076; salary supplemented by a competitive benefits package.

For detailed information and to apply online, visit www.tbcrecruiting.com.

This recruitment will close on Sunday, December 17, 2017.

Teri Black • 424.296.3111 Bradley Wardle • 650.450.3299

Western City, December 2017

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Current & Upcoming Opportunities City of Daly City, CA Director of Water and Wastewater Resources

City of Daly City, CA Financial Services Manager The City of Daly City, “Gateway” to the San Francisco Peninsula, stretches from

The City of Daly City, “Gateway” to the San

the Pacific Ocean to San Francisco Bay

Francisco Peninsula, stretches from the

and is strategically located minutes from

Pacific Ocean to San Francisco Bay and is

downtown San Francisco and SF International

strategically located minutes from downtown

Airport. Daly City is currently seeking qualified

San Francisco and SF International Airport. Daly City is currently seeking qualified candidates to fill its Director of Water and Wastewater Resources position. A strong leader with outstanding communication skills, as well as the ability to translate technical information into an easily understandable process is sought. The successful candidate will have the ability to recognize and communicate about interrelated operations in wastewater treatment and to routinely collaborate across organizational lines to accomplish shared results in treatment and disinfection. Verifiable knowledge of the materials, methods, and equipment used in the pumping and treatment of municipal wastewater is essential. Candidates should possess five (5) years of increasingly responsible experience, including a demonstrated ability to formulate short- and long-term plans which, when implemented, maximize the utilization of resources, produce an orderly and well-coordinated process, and culminate in a viable result. A Bachelor’s degree in Public Administration, Business Administration, Engineering, or a closely related field is required. The salary range for the Director of Water and Wastewater Resources is $168,772.00$205,143.90; placement within this range is dependent upon qualifications.

candidates to fill its Financial Services Manager position. A financial professional with a history of strong leadership, in-depth financial knowledge, and the ability to work well in a team environment is sought.

Qualified candidates will possess excellent interpersonal skills and a desire to build and maintain strong working relationships with City staff and others. Candidates with governmental finance and accounting experience are strongly encouraged to apply, and candidates with public sector finance experience and/or CPA certification are strongly preferred. The typical candidate will have at least five (5) years of increasingly responsible experience in accounting work, including three (3) years of municipal accounting,

supervisory

responsibility,

and

computer

spreadsheet

preparation. Graduation from college or university with major coursework in accounting, finance, business administration, or a related field is required. A Master’s degree is desirable. The salary range for the Financial Services Manager is $100,476.74-$122,130.06; placement within this range is dependent upon qualifications. Contact: Valerie Phillips Filing deadline: January 5, 2018

Contact: Valerie Phillips Filing deadline: January 12, 2018

City of Santa Clara, CA Director of Water and Sewer Utility

City of Tracy, CA City Manager The City of Tracy, with a population of over 90,000 residents, is a community

The Director of Water and Sewer Utility

where families are started and residents

position is responsible for managing the

are both proud of their past and excited

Water and Sewer Utility and will exercise the

about their future. The City is now seeking a City Manager. A highly qualified, enthusiastic candidate is sought. The City Seeks a City Manager who will be committed to the community and to quality, responsive service for Tracy’s diverse citizenry and will encourage greater community engagement. Candidates who roll up their sleeves and lead by example will be valued. Candidates should possess a strong background in financial and economic development issues. Any combination of education and experience that has provided the knowledge, skills, and abilities necessary for a City Manager is qualifying. A typical way of obtaining the required qualifications is to possess the equivalent of eight (8) years of directly related experience at an administrative, management, or staff level in municipal government, with at least five (5) years as a manager or supervisor, and a Bachelor’s degree in public administration, business administration, public finance, or a related field; a Master’s degree and experience as an Assistant City Manager and/ or City Manager is highly desirable. The salary range for the City Manager is competitive and dependent upon qualifications. The annual salary for the former City Manager was $225,500. Contact: Joel Bryden Filing deadline: January 5, 2018

highest level of independent judgment and discretion in guiding the Utilities. The incumbent will possess competencies in a variety of areas, including: regulatory issues; management; public finance; written and oral communications; and public relations. Candidates should have a good working knowledge of current and pending regulations concerning: water, recycled water, wastewater, solar, worker safety, labor relations, public contracting, rate setting, and related matters. The typical candidate will possess a Bachelor’s Degree in engineering or an approved related field, and have eight (8) years of increasingly responsible experience in the engineering, operation, and maintenance of a water supply system, sanitary sewer system, recycled water and/or solar thermal water utility, four (4) years of which shall have been in a management or supervisory capacity. The salary range for the Director of Water and Sewer Utility is $203,088-$262,812; placement within this range is dependent upon qualifications.

Contact: Valerie Phillips

Wishing you a wonderful holiday season and a prosperous new year!

Cooperative Agricultural Support Services Authority, CA (CASS) Executive Director

City of San Carlos, CA Public Works Director

Fallbrook Public Utility District, CA General Manager

Santa Clara County Fire Department, CA Director of Business Services

City of Huntington Beach, CA Chief Financial Officer/Finance Director

City of San Diego, CA Chief of Police

City of Littleton, CO Human Resources Director

San Gabriel Valley Council of Governments, CA Executive Director

If you are interested in these outstanding opportunities, please visit our website to apply online.

Bob Murray & Associates takes a personal approach

to executive recruitment that helps build strong, inclusive, and diverse teams. Our clients include cities, counties, special districts and other governmental organizations, both large and small.

www.bobmurrayassoc.com

City of Santa Paula, CA Public Works Director

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City of Santa Clara, CA

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anta Clara (pop. 123,752) is known for its attractive treelined streets and residential neighborhoods. This Silicon Valley city enjoys a strong high tech presence and is home to Santa Clara University, the Santa Clara Convention Center, California’s Great America theme park and the new Levi’s Stadium. The City is embarking on City Place, one of the largest development projects in the region’s history slated to exceed 9 million square feet at build out. The Finance Director is responsible for managing the City’s financial affairs, including municipal-owned utilities as well as the Sports and Open Space Authority.

City Clerk The City of San Bruno is seeking its first appointed City Clerk; this is an atwill, newly created position (formerly an elected position) serving under the general direction and at the pleasure of the City Council. The ideal candidate will be an advocate for open government, a champion for civic engagement and transparency, and a hands-on professional with an appreciation for incorporating best practices dealing with emerging technology. The ideal candidate will be an individual with outstanding interpersonal and communication skills who is a data driven strategic thinker.

This position requires a Bachelor’s degree and 5 years of progressively responsible administration experience in the field of records management, including 2 years in a City Clerk’s Office. Certified Municipal Clerk Certificate is preferred.

The annual salary range for this position is $102,216 to $125,424. Additionally, the City offers a benefit package, including CalPERS retirement. The City does not participate in Social Security except the Medicare portion (1.45%).

Interested candidates should apply immediately by submitting a compelling cover letter and comprehensive resume to apply@ralphandersen.com. Confidential inquiries welcomed to Heather Renschler at 916.630.4900. Full brochure available at raa.careers/SBCityClerk.

Ralph Andersen & Associates

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League of California Cities

The ideal candidate will be a well-rounded public finance professional respected for his/her sharp business acumen and innovative instincts. He/she will be a credible communicator and effective people manager. Eight (8) years of experience in fiscal operations and/or budget administration, at least five (5) of which must be in a local government entity and include supervisory/ management experience, and a Bachelor’s degree are required. A Master’s degree and/or CPA license is preferable.

The control point salary range is $211,404 annually with the potential to go up to $273,588. Salary is supplemented by a generous benefits package. Visit www.tbcrecruiting.com for latest info and to apply online.

Teri Black • 424.296.3111 Julie Yuan-Miu • 925.820.8436

CITY OF EL SEGUNDO El Segundo, a Los Angeles County beach city of almost 17,000, is located on the Santa Monica Bay. The City offers all the natural elements of fun and adventure that you’d expect from a beach city. Residents enjoy classic California living with ocean breezes and a healthy outdoor lifestyle. There are tree-lined neighborhoods with award winning schools, parks and athletic fields. El Segundo balances an ideal business environment with a small town community to provide a high quality of life for its residents.

LIBRARY SERVICES DIRECTOR

The Library Services Director will oversee all operations in the Department as well as the four branch libraries located in school campuses. The Director will oversee a total staff of 33 with 12 full-time staffers. This will require an individual with the ability to foster a collaborative and entrepreneurial culture within the Department as well as the ability to develop staff, implement initiatives and special projects, while also having the creativity to fundraise and apply for grants.

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

The ideal candidate will have a Master’s degree in Library Science or a related field, five years of experience in professional library administration, including at least three in a supervisory role; or an equivalent combination of library education and experience. To be considered, please visit our website at www.averyassoc.net/currentsearches/ for a detailed job announcement and how to apply on the Avery Associates Career Portal.

Photo/art credits Cover: Courtesy of the City of Anaheim Page 3: photo, Baona; graphic, traffic_ analyzer Page 5: photo, Birzio Page 6: Courtesy of the League of California Cities and Jeremy Sykes Page 7: Extreme-Photographer Page 8: Falcatraz

Page 9: Alacatr Page 10: J.D.S./Shutterstock.com Page 11: Halbergman Pages 12–13, 14, 23: Courtesy of the City of Anaheim

www.cacities.org

Prevailing Wage Compliance: What Cities Should Do to Avoid Penalties Under SB 96, continued from page 8

contractor has workers employed upon the public work.” That means if work begins 10 days after a contract is awarded, a city must notify the DIR of the contract award no later than 10 days after the award. The city cannot wait the full 30 days.

What Cities Should Know About Subcontractor Information. SB 96 also requires that the awarding agency’s notification of award include a list of all subcontractors and the DIR registration numbers for the contractor and its subcontractors. This can be a problem for public works projects that are not subject to bidding requirements and therefore do not require a subcontractor list form pursuant to California Public Contract Code Section 4104.

What Cities Should Know About Withholding Final Payment for 30 Days After DIR Notification. Under SB 96 a city must now withhold final payment due to a contractor until at least 30 days following submission of all of the information required for award notification, including subcontractor information. This new requirement is most likely to affect very small projects that are completed in less than a month.

What Cities Should Do. To avoid penalties, a city’s internal procedures should require submitting the DIR notification as soon as possible following award of contract — ideally by the next business day.

For prevailing wage projects that are not publicly bid, prior to award the contractor must be required to provide the name and DIR registration number for each subcontractor that will perform work under the contract. The DIR registration numbers should be confirmed on the DIR website at https://efiling.dir.ca.gov/PWCR/Search before awarding the contract.

be subject to penalties of $100 per day (up to $10,000 total) for:

In addition, if a city is determined to have “willfully” violated these requirements for two or more projects within a 12-month period, it may lose eligibility for state funding or financial assistance for one year.

• Failure to comply with the DIR award notification requirements; or • Permitting an unregistered contractor or subcontractor to work on a project.

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City Clerk

City of Menlo Park

Deputy Director of Economic Development City of Murrieta

Assistant Director of Community Development – Planning City of Glendale

Opening soon . . .

Chief Technology Officer City of Fremont

Visit www.tbcrecruiting.com for the latest info!

Teri Black • 424.296.3111 Bradley Wardle • 650.450.3299 Julie Yuan-Miu • 925.820.8436

CITY OF PASO ROBLES The City of Paso Robles is a community of over 31,000 residents nestled in the scenic coastal mountain range of central California. Situated halfway between San Francisco and Los Angeles, in San Luis Obispo County, 24 miles due east from the coast, Paso Robles is one of California’s best kept secrets. With over 200 wineries nearby and a bustling downtown with a variety of excellent restaurants and quality retail, Paso Robles is fast becoming one of the most desirable and yet relatively affordable places to visit and live.

New Penalties for Noncompliance

The City is seeking a highly motivated Fire Chief to help oversee the City revamp and enhance its emergency services organization to meet the evolving needs of the City. The new Fire Chief will work FIRE with the three full-time Battalion Chiefs, Fire Prevention CHIEF Specialist, and a new reserve/seasonal firefighter program, to oversee the ongoing, phased expansion of the Department. The position will require a dynamic and entrepreneurial individual with the ability to push and pull the Department forward.

What Cities Should Know. The Labor Code already includes penalties for contractors that fail to comply with prevailing wage requirements. SB 96 added penalties that apply to cities and other awarding agencies that fail to comply with certain prevailing wage requirements. Cities may

Los Gatos, CA 95030 The selected candidate will have three or more years of command and administrative experience at the Battalion Chief level or higher, and 408.399.4424 possess a broad knowledge of fire services, emergency management and Fax: 408.399.4423 expertise in emergency medical services. A Bachelor’s degree with major email: jobs@averyassoc.net course work in fire science, public/business administration, or a closely www.averyassoc.net related field is required. The salary for this position is up to $171,569 annually, DOQ. To be considered, please visit the Avery Associates Career Portal at www.averyassoc. net/current-searches/ to upload your letter of interest, resume, salary history and contact information including email addresses for five work-related references to Bill Avery by December 8, 2017.

www.westerncity.com

William Avery & Associates Management Consultants 31/2 N. Santa Cruz Ave., Suite A

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PeckhamMcKenney &

Presents Outstanding Career Opportunities

City Manager City of Fort Bragg, CA

Fort Bragg is a coastal community in scenic Mendocino County located approximately 165 miles north of San Francisco. The City occupies 2.7 square miles with a population of 7,300 and yet despite its small size is the largest city on the coast between San Francisco and Eureka and is the service and retail hub for the entire Mendocino coast. Residents enjoy a high quality of life, good public schools, a small hospital, abundent open space, clean air and little traffic congestion. The City Manager will encourage teamwork within the organization, delegate as appropriate yet be hands-on and highly productive, set an example for strong customer service and will be capable of working in a collaborative fashion with the Mayor and City Council, media, non-profits and the community at large. Five years of progressively responsible administrative experience in municipal government at the City Manager, Assistant City Manager, and/or department head level, with graduation from a four-year college or university with major course work in public administration or a related degree required. A Master’s degree is preferred. The salary range is $142,402 to $157,185 DOQE with excellent benefits.

Filing deadline is December 11, 2017. Contact Phil McKenney.

City Clerk

City of Mountain View, CA

Located in the middle of the Silicon Valley, Mountain View (approx. 80,000 pop.) prides itself on providing excellent public services and facilities that meet the needs of a caring and diverse community in a financially responsible manner. The City Clerk is appointed by a 7-member City Council in this progressive, full-service city. The City Clerk oversees a Deputy City Clerk, one Secretary, one Office Assistant III and FY 2017/18 budget of $655,192. The new City Clerk will foster a strong customer service culture in serving the City Council, City organization, and the community. Desirable experience includes the equivalent of two years of college as well as a minimum of two years’ experience as a City Clerk, Deputy City Clerk, or similar. Certification as a Municipal Clerk is desirable. Salary range is $125,000 to $160,000, DOQE. Filing deadline is December 18, 2017. Contact Bobbi Peckham.

Public Works Director City of San Pablo, CA

San Pablo is just minutes away from the cultural centers of Berkeley, Oakland and San Francisco. Within its 2.6 square miles, this city of 29,720 has become a thriving residential and business community. The Public Works Director/City Engineer will manage 26 employees, an operating budget of just over $5 million, and a four-year proposed CIP budget of $87 million. The new Director will be responsible for the administration of public works and capital improvement projects, street lighting and landscaping, environmental programs, public works maintenance, street maintenance, street sweeping, sidewalks, storm water management, traffic and water supply. The City is seeking a strong leader with exceptional interpersonal skills who is decisive, creative, progressive, and is adept at moving capital improvement projects from conception to completion. Five years of professional engineering and administrative experience in the field of public works operations and possession of a Bachelor’s Degree from an accredited four-year college or university with major course work in civil engineering desired, and possession of a current certificate of Registration as a professional Civil Engineer in the State of California required. The salary range is $163,728 to $199,008 DOQE with excellent benefits.

Filing deadline is December 11, 2017. Contact Phil McKenney.

Planning Administrator City of Glendale, AZ

The City of Glendale, AZ (pop. 237,000) is a dynamic desert community located on the western edge of the Phoenix metropolitan area, one of the most desirable communities in the Valley of the Sun. Hosting Super Bowls, college football and basketball national championships, and world class concerts, Glendale boasts one of the most dynamic sports and entertainment districts in the country. Reporting to the Community Development Director, the Planning Administrator oversees nine FTEs and $1.1 million division budget. Upcoming issues include redrafting of Glendale Zoning Ordinance, potential annexation of 30 square miles to Glendale’s west, and significant infill development. Bachelor’s in urban planning, urban design, or a related field, and five years of progressively responsible experience in urban planning or community development, including at least two years of management experience required. Master’s degree in urban planning or public administration, AICP certification preferred.

Those requirements notwithstanding City Manager expressly encourages nontraditional candidates. Annual salary range $120,000 to $152,652.

Filing deadline is January 3, 2018. Contact Andrew Gorgey. .

“All about fit” Public Works Director and Fire Chief

City of Benicia, CA

Benicia is a beautiful waterfront community nestled on the eastern shoreline of the San Francisco Bay in southwest Solano County. Known for its smalltown charm and quality of life, Benicia (pop. 28,000) encompasses 13 square miles and is home to numerous award-winning restaurants, schools, and parks.

Public Works Director – Overseeing a comprehensive, broad-based department, the new Public Works Director will be a proactive, relationship-based manager. The candidate will be empathetic and fair, yet firm in promoting a positive environment of accountability. Seven years of increasingly responsible experience in municipal water/wastewater operations, engineering, land development, street construction or maintenance, including four years of administrative and management responsibility and a Bachelor’s degree in civil engineering, public administration, or a related field required; Master’s degree and/or California PE license desirable. Annual salary range of $133,025 to $161,693 DOQ. Fire Chief – Overseeing a department of 52 and FY 2017/18 budget of $8 million, the Fire Chief will understand and subscribe to a high performance organizational framework and possess strong strategic planning, motivational skills, and an ability to lead by example. The City is seeking an experienced leader with a Bachelor’s degree in fire science, public administration, or a closely related field. This position requires ten years of extensive experience in various aspects of fire service; five years of which are at the command level. Annual salary range of $142,117 to $172,743 DOQ. Filing deadline is December 20, 2017. Contact Phil McKenney or Josh Agnew.

Chief of Police

City of El Centro, CA

The City of El Centro is at the center of one of Southern California’s most promising new commercial and industrial regions. Covering 11 square miles with a population of 45,170, El Centro is the county seat and largest city in Imperial County. El Centro is located 117 miles east of San Diego and offers endless recreational opportunities because of its picturesque desert location. The City of El Cajon is seeking a new Chief of Police that can provide leadership to the Police Department, be an integral part of the city’s executive management team and maintain a good relationship with the community. The Police Department has 77 employees and $10.7 million budget. This is a great opportunity for someone seeking to lead a small department by building trust, providing support and seeking collaboration to create a superior team of public safety professionals. Minimum qualifications include a Bachelor’s degree in Criminal Justice, Public Administration or a related field and Advanced Management and Supervisory Peace Officers Standards and Training (P.O.S.T.) certification. Ten years of increasingly responsible local law enforcement and management experience, including at least two years at the rank of Lieutenant or higher. Salary is open DOQE and supplemented by excellent benefits including CalPERS. Filing deadline is December 31, 2017. Contact Clay Phillips.

Community Development Director City of Bothell, WA

The City of Bothell, WA, population 44,000, is located in the Seattle metropolitan area, in King and Snohomish Counties, east of Lake Washington.

Appointed by and reporting directly to the City Manager, the Community Development Director will help Bothell realize its best future. Transitioning from sleepy suburb to city, Bothell is booming. The department (25 FTEs , $5.9 million budget) is organized in four divisions: Development Services, Building Safety, Long Range Planning / Economic Development, and Administrative Support Services. Get involved in exciting, cutting edge work with other energetic, innovative local government professionals. A Bachelor’s Degree (urban planning, engineering, earth sciences, business or public administration, or related field) and five years of experience managing community development and urban planning programs, including supervisory experience, are required, or equivalent combination of the foregoing. Comprehensive benefits. Annual salary range $118,860 to $151,116.

Filing deadline is January 9, 2018. Contact Andrew Gorgey.

Please send your cover letter and resume electronically to:

Peckham & McKenney

apply@peckhamandmckenney.com Resumes acknowledged within two business days.

Detailed brochures are available at www.peckhamandmckenney.com (866) 912-1919

Prevailing Wage Compliance: What Cities Should Do to Avoid Penalties Under SB 96, continued from page 19

What Cities Should Do. A city’s internal procedures should be updated to ensure compliance with DIR notification and registration requirements for contractors and subcontractors. In addition to confirming DIR registration at bid time, a city should ensure that the contractors and subcontractors maintain current J

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DIR registration during the course of the project, and the city should confirm each registration on the DIR website before issuing final payment. Staff should be trained to understand and follow internal procedures to ensure consistent compliance with current prevailing wage requirements.

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Assistant Public Works Director/ City Engineer City of Santa Clara, CA

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ocated in the Silicon Valley, Santa Clara (pop. 123,752) enjoys a high tech presence and is also home to Santa Clara University, the Santa Clara Convention Center, California’s Great America theme park and the new Levi’s Stadium. Known for its beautiful tree-lined streets and residential neighborhoods, Santa Clara is also embarking on City Place, one of the largest development projects in the region’s history slated to exceed 9 million square feet at buildout. The Assistant Public Works Director will serve as the City Engineer and be responsible for overseeing and reviewing the preparation of plans, specifications, estimates, and contracts for public works-related projects.

The ideal candidate will be a results-oriented leader and an impressive project manager. An exceptional people manager, he she will be adept at overseeing a multi-generational workforce.

Six (6) years of increasingly responsible relevant experience, which includes three (3) years of municipal public works management experience, a Bachelor’s degree, and registration as a Civil Engineer are required. A Master’s degree is desirable.

The control point salary range is $183,312 annually with the potential to go up to $237,228. Salary is supplemented by a generous benefits package. Visit www.tbcrecruiting.com for latest info and to apply online.

Teri Black • 424.296.3111 Julie Yuan-Miu • 925.820.8436

New Exemptions for Small Contracts What Cities Should Know. Some good news for cities: public works contracts of $25,000 or less for construction, alteration, demolition, installation or repair work and contracts of $15,000 or less for maintenance work are now exempt from: • DIR registration requirements for contractors or subcontractors performing the work; • Requirements for electronic submission of monthly payroll records to the DIR; and • Requirements for DIR notification following award of the contract.

However, for contracts over $1,000, contractors or subcontractors are still required to pay prevailing wages and otherwise comply with work hours and overtime requirements. In addition, contractors and subcontractors working on these small projects must still maintain certified payroll records for at least three years following completion of the work.

What Cities Should Do. Cities should consider revising contract templates and internal procedures for public works contracts under $25,000 to reflect both the new limited exemptions and the continuing prevailing wage payment and payroll record requirements.

Conclusion As noted, SB 96 is a complex bill. Each city should consult its legal counsel for guidance in complying with current prevailing wage requirements under SB 96, including: • Developing internal procedures and controls;

from Team TBC

• Revising contract templates; and

Thank you to all our valued clients & candidates for an incredible 2017!!!

• Training staff to ensure consistent compliance.

Teri • Joe • Julie • Brad • Tracey • Lucia • Ingrid • Shadi • Cindi • Emily • Danielle

Cities that have not yet implemented procedures or protocols for prevailing wage compliance should do so as soon as possible to avoid the penalties that may be imposed under SB 96. ■

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www.cacities.org

Embracing Kindness to Build Stronger Communities, continued from page 14

Instill Kindness in Your Organization In government, there are a million reasons to say “no.” As leaders, we have to be aware of practical realities. But we all want to live in a city where a call to City Hall is greeted with genuine kindness and the feeling of talking to a neighbor.

Anaheim city officials join Lama Tenzin Dhonden, second and students at a Million Acts of Kindness event in 2015; a drawing by Natasha Jaievsky, right; and Love Anaheim community volunteers work on a garden, below.

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As mayor, my job is to set the tone for all those who work in the service of Anaheim. As we face both tough issues and everyday questions from residents, I encourage our leaders and employees to ask, “What would a city of kindness do?”

from left in back row,

didn’t let us do whatever we wanted when we were kids. They set limits and taught us right and wrong. While it may not have felt like it at the time, this was actually one of the kindest things they did for us.

Imagine a resident calls your city about holding a block party. Instead of starting with insurance and street closure permits, what if the person at City Hall said, “Sounds great, what can I bring?” We all want to live in that city.

We don’t always hit the mark. In Anaheim, sometimes we fall short of our great aspiration of kindness, and that’s OK. Kindness is a constant goal, and the mere pursuit of it alone is a good thing for our communities.

Expect some unintentional resistance.

As cities, we are good at public safety, building community centers and running libraries. But kindness is a big idea without a specific playbook. And at first, this may be confusing to city employees. Tell them not to overthink it. It is just as simple as it sounds.

The Dalai Lama told me that the pathway to world peace is creating a culture of kindness in our cities, starting with our schools.

Of course, as cities, kindness doesn’t mean looking the other way. We need to hold people accountable through public safety and code enforcement and more.

While it may not always seem like it, that is also a form of kindness. Our parents

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We are happier and healthier when we are kind. With a culture of kindness, our neighborhoods become communities, our schools get better and our cities become stronger and more resilient.

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

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Little Natasha Jaievsky had a vision of a kind, peaceful world. When the Dalai Lama spoke to our Anaheim city and school leaders, he challenged all of us to make that happen. Please join us. ■

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Bobbi C. Peckham • Phil McKenney

Peckham&McKenney www.peckhamandmckenney.com

Roseville, CA

866.912.1919

Western City, December 2017

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Western City, December 2017

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THINK BIG, BUILD BIGGER. Just off the side of I-5, in the Central Valley, is a giant testament to Robin Baral’s skill as an attorney. More specifically, the 1,100 acre business park is a demonstration of Robin’s ability to work with both cities and developers, while drawing from his extensive land use, municipal, and environmental experience – all reasons why Robin was the obvious choice to assist the City of Patterson through the entitlement process for the mammoth business park. In addition to negotiating development agreements, handling a contentious LAFCO annexation, and overseeing environmental review, Robin also managed to skillfully maneuver through the intricate political factors at play. The business park is now complete and home to distribution centers for large retailers such as Restoration Hardware.

At Churchwell White, we understand that results are created by people. Together, our team of lawyers and legislative advocates combine unexpected ideas with decades of proven experience. If you need a strategic partner with creative solutions, call to see what we can do for you.

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