February 2012 by Western City Magazine

FEBRUARY 2012 |

The Monthly Magazine of the League of California Cities

Project Labor Agreements: What You Need to Know p.9 Cornerstone of Effective State-Local Relations p.3 The Front Page Test p.6

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CONTENTS 2 3

Calendar of League Events

President’s Message

Social Contract Is the Cornerstone of Effective State-Local Relations

Project Labor Agreements: What You Need to Know By Lan Wang Cities and other public entities are generally required to put significant contracts out for competitive bidding and to award the contract to the lowest responsible bidder. Sometimes a decision is made to require a Project Labor Agreement, typically described as a pre-hire collective bargaining agreement with one or more labor organizations that establishes terms and conditions of employment for a specific construction project or projects.

By Mike Kasperzak Maintaining our social contract with state legislators is easier when we first make an effort to understand their perspective and work style, rather than just expecting them to vote a certain way.

Legal Notes

City Forum

Protect Local Control by Supporting CitiPAC By Eva Spiegel A strong and well-funded political action committee is essential to deterring initiative efforts that would cut funds for local programs, weaken local decision-making or transfer state responsibilities to local communities without adequate funding or resources.

Everyday Ethics for Local Officials

The “Front Page” Test: An Easy Ethics Standard As an elected official and public servant, your actions and words are often subject to intense public scrutiny. Thinking about how the average constituent on the street will perceive your actions is a useful exercise. Will that constituent think you are doing the right thing as a public official?

Tips for Building and Maintaining Relationships In a Term-Limited Legislature By Dan Carrigg City officials should consider changes brought about by term limits.

California Cities Helen Putnam Award for Excellence

Cathedral City Takes a Smart Approach to Water A grant program helps homeowners eliminate their thirsty landscaping and use a drought-tolerant xeriscape approach instead.

Job Opportunities

Professional Services Directory

On the Record Cover Photo: Koh Sze Kiat/ Shutterstock

President Michael Kasperzak Mayor Mountain View

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

First Vice President Bill Bogaard Mayor Pasadena

Second Vice President José Cisneros Treasurer San Francisco

Immediate Past President Jim Ridenour 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 e-mail: <editor@westerncity.com>

February

Managing Editor Eva Spiegel (916) 658-8228 e-mail: <espiegel@cacities.org>

1–3

City Managers Department Meeting, Indian Wells This conference covers numerous issues, including economic development, crisis management, budget decision-making, using new media, pension reform and more.

Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256 e-mail: <maxwellp@cacities.org>

9 – 10

Production Manager Sara Rounds (916) 658-8223 e-mail: <srounds@cacities.org>

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

Contributors Bismarck Obando JoAnne Speers

MARCH

20 – 22

Associate Editors Carol Malinowski Carolyn Walker Design Pat Davis Design Group, Inc.

Public Works Officers Institute & Mini Expo, San Jose City and county engineers and public works officials come together for updates on issues affecting their work and to build working partnerships to better serve the public.

For photo credits, see page 18.

20 – 22 Planners Institute & Mini Expo, San Jose This annual meeting offers sessions designed to meet the needs of planning commissioners and planning professionals at all levels. 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.

NT RI

ED US IN G

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. 2.

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Legislative Action Days, Sacramento City officials attending these events get updates on key legislative issues and meet with their legislators to discuss local priorities.

26 – 27 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.

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.

APRIL

25 – 26

Join us on Facebook! www.facebook.com/westerncity www.facebook.com/LeagueofCaCities

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President’s Message by Mike Kasperzak

Social Contract Is the Cornerstone of Effective State-Local Relations The Field Poll announced that in a recent survey of California voters only 10 percent approved of the job Congress is doing. This is the second-lowest rating in the nearly 20 years that the Field Poll has been testing this question. In contrast, Congress received a 54 percent approval rating in August 2008 — the highest ever. While the California Legislature’s 22 percent approval rating is twice as good as Congress’s current rating, it’s still dismal. Longtime observers of Congress generally agree that one factor more than any other has led to the present decline in bipartisanship and accountability — a breakdown in what could be called the “social contract” among the members, which existed for decades after World War II. During this era members of Congress and their families socialized together, congressional leaders used more temperate rhetoric and less draconian tactics in pursuit of their political objectives, and national progress was often prized above party success.

A similar period of bipartisan progress also occurred in our fulltime state Legislature during the same time. It didn’t mean that the policy debates weren’t heated, but it did mean that the federal and state officials, who were not term-limited like our state legislators are now, generally disagreed without destroying their relationships. Some of the more cherished personal relationships, in fact, developed across party lines. As city officials we see the need for the same social contract in our interactions with our colleagues, the public and stakeholders who continued

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Western City, February 2012

Social Contract Is the Cornerstone of Effective State-Local Relations, continued

square off against each other in council meetings. How often have we witnessed the importance of having an established relationship with city council members before an issue of interest reaches the council and how it can make the difference between success and failure? Likewise city council members understand the importance of mutual respect and consideration among their council colleagues. It can make the tough decisions bearable and the easy ones a cake walk. Few state or city officials would dispute the assertion that 2011 was one of the toughest legislative sessions for cities in recent memory. With the passage of legislation to eliminate redevelopment agencies, raid vehicle license fee (VLF) funding for cities and limit local discretion in multiple ways, city leaders had every reason to be concerned and skeptical. This raises an important question, however: How should city officials evaluate their own legislators’ actions on bills that affect core city priorities?

Evaluating a Legislator’s Performance: Key Considerations In response to overwhelming requests from city officials, the League recently published a 2011 Legislative Vote Record report — the first of its kind in about five years. The report is intended to help city officials start a conversation with their legislators about their positions on key city bills in 2011; it’s not meant to be the final word. Over the years we’ve learned that such reports rarely tell the whole story about a legislator’s track record. City officials also need to consider other factors and much more nuanced forms of support, like assistance with key amendments and other actions, when appraising a legislator’s performance. Perhaps most important is to ask yourself whether you have built the type of relationship with your legislators in the first place that allows you to have a frank conversation about their voting record and the things that motivated their decisions. Have you invested the time and effort in cultivating the capacity to have an open,

League of California Cities

Maintaining our social contract with state legislators is easier when we first make an effort to understand their perspective and work style, rather than just expecting them to vote a certain way.

to support city priorities with the other demands of his or her legislative job.

Understanding a Change in Perspective Maintaining our social contract with state legislators is easier when we first make an effort to understand their perspective and work style, rather than just expecting them to vote a certain way. Former local officials who become new state legislators quickly learn they have a new job with different responsibilities. Just as you make a transition in going from being a neighborhood activist to serving on the city council, a legislator with experience as a council member makes a transition from the local perspective to the state perspective. It’s helpful to keep this in mind and ask, “How can we help or work together?”

What You Can Do Now candid dialogue or have you neglected that in favor of other priorities? Have you taken a legislator’s vote for granted simply because he or she came from local government, or have you used it to build even stronger bridges and mutual reliance? Knowing that your legislators will pay a steep price for voting against a caucus position or that they have deeply held policy convictions that differ from yours may not be comforting, but it will put their decisions into context and maintain a two-way street for continued conversations. It also allows you to press your city’s case when the next vote is cast. After all, they will have more information and maybe will vote differently. If your legislator came from local government, he or she already has an understanding of the local point of view. As a result, your legislator may reach out to other stakeholders with whom she is not familiar to make sure she understands their views as well. Sometimes we are hardest on those people we know and with whom we already have a relationship, but this is generally not constructive. It’s better to try to understand all the factors that go into how your legislator balances the natural inclination

Make it a priority over the next few months to reach out to your legislators, preferably in their district offices, to meet about issues of common interest. Find out what they have on their minds and priority lists. Ask how you can help them. In the process, you will generally find they will reciprocate and endeavor to assist your city when the need arises. This is perhaps the best way we can strengthen our Grassroots Network. Let’s strive to achieve a tone of reason, mutual respect and civility in our discussions with legislators — all of which are hallmarks of a strong social contract. As we often remind each other, we were all elected to serve the same constituents. They expect their elected officials at all levels of government to work together, and they deserve no less. n

Additional Resources Visit www.ca-ilg.org/civility for additional resources on promoting civil discourse.

www.cacities.org

Protect Local Control by Supporting CitiPAC by Eva Spiegel

he League advocates for local control in the Legislature, in the courts and at the ballot box. As part of its ballot box efforts related to statewide initiatives that affect local government, the League created CitiPAC, its political action committee. Funds raised through CitiPAC pay for television and radio ads and direct communication with voters as well as grassroots outreach, legal counsel and campaign advisors. CitiPAC was launched before the League’s successful passage of Proposition 1A in 2004 and has supported the League’s victories in defeating Prop. 90 in 2006, the No on 98/Yes on 99 campaign in 2008 and, most recently, in the passage of Prop. 22 in November 2010. A strong and well-funded political action committee is essential to deterring initiative efforts that would cut funds for local programs, weaken local decision-making or transfer state responsibilities to local communities without adequate funding or resources. While CitiPAC might not be on the radar for most people in non-election years, that is when it builds funds to support the League’s ability to move quickly and decisively in election years. Cities must be prepared to respond to threats to local democracy, and statewide ballot issues are not always predictable. If the League initiated fundraising only when cities faced a threat, the opposition would gain an immediate advantage. Given the dynamic nature of California’s initiative process, CitiPAC ensures the League’s readiness to defend local control. City officials can support CitiPAC in a variety of ways. The best way to get in-

volved is to contact your League regional public affairs manager and volunteer to serve on your division’s CitiPAC planning committee. This is a great way to become more involved in the League, work with your colleagues regionally, support a very important cause and also have fun. Each League regional division holds its own unique CitiPAC events, which have included traditional golf and bocce ball tournaments as well as comedy nights and themed musical revues. The entire League membership comes together in September at the League of California Cities Annual Conference & Expo to participate in the board of directors’ Leadership Gala. This event offers not only a way to support CitiPAC but also an opportunity for city officials to recognize the many League Partners who support the League’s advocacy efforts. CitiPAC raises funds from businesses and individuals who pledge to give annually or on a monthly basis. You can sign up to contribute by visiting www.CitiPAC.org. This is an easy way to help support the League’s ballot measure advocacy. Contributors can also direct their pledge to go to their division or a specific upcoming regional event.

2012 CitiPAC Events Mark these CitiPAC events on your calendar, and join us in our efforts to protect local control. Visit www.CitiPAC.org for more information on upcoming events. April 20, 5:30–9:30 p.m., Inland Empire/Desert Mountain Division CitiPAC Fundraiser, National Orange Show, San Bernardino April 26, 5:30–9:30 p.m., Peninsula Division CitiPAC Bocce Tournament, Campo di Bocce, Los Gatos Oct. 11, 11:30 a.m.–8:00 p.m., Central Valley Division CitiPAC Golf Tournament, Dryden Golf Course, Modesto Oct. 19, 11:30 a.m.–8:00 p.m., South San Joaquin County Division CitiPAC Golf Tournament, Ridge Creek Golf Club, Dinuba

As you plan your 2012 activities, make a commitment to CitiPAC and to becoming more involved in the League. When we work together, we strengthen our efforts to protect and strengthen local control. We might not know today what issues will affect local government tomorrow, but with the growing number of interest groups vying for ever-shrinking resources, we know we’ll be at the ballot box again in the future — working to keep cities strong. n

Eva Spiegel is communications director for the League and can be reached at <espiegel@ cacities.org>. www.westerncity.com

Western City, February 2012

Everyday Ethics for Local Officials

The “Front Page” Test: An Easy Ethics Standard Question As a public agency attorney, I have conversations with clients about how ethics laws apply in a given situation. Sometimes a proposed course of action may be allowed under the law and yet it’s a really bad idea in terms of how it is likely to be perceived by the community. At other times, a public official will consult me on issues that are more ethical than legal. It would be helpful to have a resource I can share with clients that might help them analyze such situations. Can you help?

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 ILG’s resources on public service ethics, visit www.ca-ilg.org/trust.

League of California Cities

www.cacities.org

Answer Many resources are available to help local officials sort through ethics issues. For example, the website “good reads” (www.goodreads.com) lists 2,561 books on ethics. The Institute for Local Government (ILG) also offers tips on how public officials can use values-based analysis to work through ethical dilemmas in Understanding the Basics of Public Service Ethics: Promoting Personal and Organizational Ethics (www.ca-ilg.org/ ppoe, pages 3–11).

Situations Likely to Fail the Front Page Test When one reads news accounts that are critical of a public official’s actions, certain themes emerge. Graft. When a public official appears to be receiving extra financial or other benefits as a result of his or her public service, the perception can be that the official is in public service to feather his or her own nest instead of working for the benefit of the community. Cronyism/Nepotism. When friends or family are involved in some way in one’s decisions as a public official, the perception can be that friends and family are receiving preferential treatment and decisions are based on favoritism as opposed to fair consideration of the merits. Misuse of Public Resources. Public officials make decisions on how taxpayer and other public resources are used. Such uses must benefit the public, as opposed to the public official or special interests. Other Forms of Special Treatment. When it appears that public officials (or their friends) are not subject to the same rules and burdens as everyone else, the public questions the fairness of the situation. Quid Pro Quo. If it appears that a decision may have been the result of an “if you do this for me, I will do that for you” arrangement, the public also questions whether the decision is based on the public’s interests (for example, if a campaign contribution influenced a decision). Secrecy. If decisions are not made in a way that appears open to public scrutiny, the default assumption is that there is something to hide.

Of course, not everyone has time or the inclination to read and mull the application of even one book on ethical decisionmaking or even the eight pages of ideas on values-based decision-making in ILG’s ethics booklet. Under such circumstances, some local officials use what’s called the “front page” test. That 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 you would be at all uncomfortable, the best course of action is not to do it — end of analysis. The Whys of the Front Page Test

The front page test is analytically useful because it encourages a public official to think about how his or her actions might look to the outside world. People tend to rationalize their actions, usually continued on page 20

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Project Labor Agreements: What You Need To Know by Lan Wang

Lan Wang is senior deputy city attorney for the City of Sacramento and can be reached at <LWang@cityofsacramento.org>.

League of California Cities

www.cacities.org

As a result of the Great Recession and drastically reduced revenues, many cities in California are facing unprecedented budget crises. In awarding municipal contracts, one important consideration is to get the product, service or construction of a public project at the lowest cost. To that end, cities as well as other public entities are generally required to put significant contracts out for competitive bidding and to award the contract to the lowest responsible bidder. Sometimes a decision is made to require a Project Labor Agreement (PLA), typically described as a pre-hire collective bargaining agreement with one or more labor organizations that establishes terms and conditions of employment for a specific construction project or projects. PLAs, also known as Project Stabilization Agreements, are specific to the construction industry because of its unique conditions, including the shortterm nature of employment that makes post-hire collective bargaining difficult, the contractor’s need for predictable costs and a steady supply of skilled labor, and a longstanding custom of pre-hire bargaining in the industry. PLAs are controversial and part of a 200-year-old tradition of dispute about

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the role of trade unions in America. In this case, the dispute comes primarily from non-union contractors, who object to PLA requirements that they obtain their labor force from a union hiring hall and who argue that PLAs increase construction costs. On Oct. 2, 2011, Gov. Jerry Brown signed SB 922 (Steinberg) into law (Chapter 431, Statutes of 2011), which prohibits a charter provision, initiative or ordinance from preventing the governing board of a local public entity (other than a charter city) from considering a PLA on a project-by-project basis. However, for charter cities that ban PLAs that meet SB 922’s provisions, the law withholds state funding for such projects. The governor’s message on signing SB 922 was: “I am signing Senate Bill 922 to prohibit bans on Project Labor Agreements (PLAs). Contrary to what the opponents claim, this bill does not require any local government to adopt a PLA. In fact, this bill preserves the right of all sides to debate what obviously is a hotly contested issue. Seems fair to me — even democratic.”

About Project Labor Agreements Although PLAs have many complex features, the most significant condition in most PLAs is that the unions agree not to strike or engage in other disruptive activities, and the contractors and their subcontractors agree to no lockouts for the duration of the construction project. Other typical terms of a PLA include: • Employer or contractor recognition of a particular union or group of unions as the exclusive collective bargaining agent(s) for all employees on the project; • A promise by the employer or contractor to hire exclusively from union hiring halls, provided that the union controlling this employee referral system may not discriminate on the basis of a worker’s union or non-union status; • A requirement that new employees, within a certain period of time, pay dues to the union for representing their interests before the employer or contractor; continued

Western City, February 2012

Project Labor Agreements: What You Need to Know, continued

• Provisions related to management’s rights; and • Grievance procedures, wages, hours, and working conditions and schedules, including whether work will take place on weekends and holidays.

The Debate Surrounding PLAs The history of PLAs in the United States began with several dam projects in the 1930s, including Shasta Dam in California and Hoover Dam in Nevada. However, PLAs remain controversial. Seven localities in California have banned the use of PLAs. Voter-approved initiatives

have banned PLAs in San Diego County and in the cities of Chula Vista and Oceanside. Ordinances adopted by the Fresno City Council and boards of supervisors in Orange County, Placer County and Stanislaus County also ban PLAs. The main argument made by advocates to use PLAs in public sector construction is that PLAs reduce the risk of construction delays and increased costs caused by worker shortages or labor disputes, due to the no-strike provisions and the use of centralized referral systems or hiring halls to obtain workers. Advocates also maintain that PLAs foster positive communication channels to address worker concerns, grievances or disputes and resolve them quickly, thereby creating workforce continuity and stability at the job site. Opponents of PLAs argue that they limit competition, raise costs and favor union over non-union contractors and workers. Opponents characterize PLAs as union-only agreements, which make it more difficult for non-union workers to gain employment. Non-union contractors tend to prefer not to be bound by PLAs because these agreements force the non-union contractor to essentially act as a union contractor for the duration of

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a project by requiring the contractor to pay union wages and contribute to union benefit plans, rather than funding their own plan, and to be bound to unions that are traditionally hostile to them.

Legal Considerations Opponents of PLAs have challenged the right of public entities to use PLAs in public sector construction on two bases: first, pre-emption under the National Labor Relations Act (NLRA); and second, alleging violation of state or local competitive bidding requirements that require public construction contracts to be awarded to the lowest responsible bidder. Regarding the NLRA pre-emption, the U.S. Supreme Court has affirmed that public entities have the same options as private owners in deciding to use PLAs in construction projects. The NLRA explicitly permits employers in the construction industry — but no other — to enter into pre-hire agreements. In enacting exemptions authorizing PLAs in the construction industry, Congress intended to accommodate conditions specific to the industry, and the court saw no reason to expect that the construction industry’s defining features should depend upon the public or private nature of the entity that is purchasing the contracting services. “To the extent that a private purchaser may choose a contractor based upon that contractor’s willingness to enter into a pre-hire agreement, a public entity as purchaser should be permitted to do the same.” Therefore, PLAs that are included as bid specifications for public construction contracts are not pre-empted by the NLRA. Regarding the allegation that PLAs violate state or local competitive bidding requirements, the various state courts tend to follow similar patterns. First, they consider the nature and scope of the project to determine whether the project is such that a PLA might facilitate the completion of the project at the lowest cost and with the best work. The courts seek to understand whether this is simply a routine project where a PLA might be desirable although not necessary, or whether it is a project of sufficient size,

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Cities as well as other public entities are generally required to put significant contracts out for competitive bidding and to award the contract to the lowest responsible bidder. scope, complexity or duration that a PLA is in fact needed. Second, the courts tend to evaluate the agreement itself and the process through which the awarding authority came to see the PLA as necessary. The courts, recognizing that these agreements by their very nature limit competition, look to see whether the PLA serves the broader objectives and purposes of the given state’s or local public entity’s competitive bidding laws. The courts tend to consider why the awarding authority sought a PLA, what goals that authority thought the PLA would serve and whether the drafted language would serve to minimize the agreement’s negative effect on competition. Consistent with the pattern of analysis noted here, the California Supreme Court has held that PLAs do not violate competitive bidding law and found the use of a PLA to be valid in a public construction project to expand and renovate the San Francisco International Airport. The court observed that the purposes of competitive bidding laws are to secure competition, save public funds and guard against favoritism, improvidence and corruption. The court concluded that substantial evidence supported the adoption of the PLA bid specification as advancing legitimate governmental interests consistent with competitive bidding laws, including

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Western City, February 2012

Project Labor Agreements: What You Need to Know, continued

prevention of costly delays and ensuring contractors have access to skilled workers. Because the PLA, by its own terms, did not exclude contractors, union or nonunion, from bidding on the airport project, the court found that it was not anticompetitive. With respect to the San Francisco International Airport project, the substantial evidence that supported adoption of the PLA bid specification included: • The expected 10-year duration of the project; • Seventy-seven separate construction contracts interrelated by time and effect; • An increased project administration cost of $1.5 million for every month of delay, as well as a $13 million loss of revenue for the public entity; and • An unquantifiable loss of tourist

revenue to San Francisco that would be caused by delays. Finally, the court observed that future challenges to the imposition of PLAs as bid requirements must be reviewed on a case-by-case-basis for consistency with competitive bidding laws.

Conclusion Any public entity considering the adoption of a PLA bid specification must do so on a case-by-case basis, bearing in mind the competitive bidding laws and the project’s specific facts, such as size, scope, complexity, time sensitivity and the costs of delay. Additional considerations include SB 922’s prohibition of blanket bans of PLAs by public entities other than charter cities and the fact that for charter cities that have banned PLAs that meet SB 922’s provisions, the state withholds funding for such projects. n

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The main argument made by advocates to use PLAs in public sector construction is that PLAs reduce the risk of construction delays and increased costs caused by worker shortages or labor disputes.

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

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Tips for Building and Maintaining Relationships in a Term-Limited Legislature by Dan Carrigg

Those of a certain age will remember former Speaker of the House Tip O’Neill’s observation, “All politics is local.” This is generally understood to mean that legislators care about their districts and respond most readily to pressure from constituents. But in recent years this political truism has been called into question by the experience of city officials lobbying state legislators. As a result of term limits, many legislators are focused on their next political career move and are more responsive to outside interests groups and party leadership than their districts. While political think tanks and policy researchers debate the remedies for California’s political dysfunction and the results of the recently approved ballot measures addressing redistricting and primary elections remain to be seen, city officials should consider adjusting their strategies to reflect changes brought about by term limits. Here are tips to keep in mind when seeking to improve relations with term-limited legislators. Get to know and understand your legislator. Prior to term limits, this meant building a personal relationship with

a legislator and his or her Capitol and district staff. These relationships often evolved into close personal friendships between legislators and city officials. City officials stayed close to their legislators, and legislators guarded their district’s interests carefully in the Capitol. Term limits make it more difficult to cultivate and build these strong relationships. To augment efforts, city officials should learn as much as they can about the background, priorities, personality, motivations and ambitions of their legislator and use that to inform their continued

Dan Carrigg is legislative director for the League and can be reached at <dcarrigg@cacities.org>.

www.westerncity.com

Western City, February 2012

Tips for Building and Maintaining Relationships in a Term-Limited Legislature, continued

lobbying strategy. Similarly, evaluate the role and capacity of a legislator’s staff. A seasoned staffer with good knowledge of the Capitol can be extremely helpful. Think carefully about the messenger. Prior to term limits, mayors and council members were often the best messengers for communicating with legislators. They shared deep political relationships and could communicate peer to peer. Term limits require a careful re-evaluation of this tactic. A legislator may view an elected city official as a potential rival in their next political career move. Understanding those dynamics, city officials should identify the city’s representative(s) who can best convey issues and concerns.

Pay attention to tone. Strive for a calm and professional demeanor. A diplomatic, tactful approach may be the most effective.

matters. A legislator’s staff was typically experienced and knowledgeable on district issues.

But don’t stop there. A legislator may be more sensitive to concerns raised by individual constituents and specific community groups. City officials should, therefore, anticipate this and identify these individuals and groups to explain city issues and — when appropriate — solicit their assistance in helping communicate with the legislator.

This is not so anymore. Term-limited legislators lack the time to develop indepth knowledge on complex issues and policies. Many staffers also lack experience. City officials would be wise to offer workshops, tours and other opportunities to bring legislators and their staff up to speed on city issues before a problem emerges. These educational opportunities should also be offered to key individuals and community groups considered important by the legislator. Do not assume that just because a legislator was a former local official, he or she understands your city’s issues.

Educate and anticipate. Prior to term limits, legislators had time to develop a long history and knowledge of district issues. Many understood complex regulatory issues, state laws and budget

10 Tips for Cities Lobbying the California Legislature 1. Become engaged in the state-level political process by appointing a legislative liaison within your city to track key legislation and work with your regional public affairs manager. Contact information for your regional public affairs manager is online at www.cacities.org/regionalmanagers. 2. Use the League as a resource. To access League priority bills, legislative contacts and additional information, visit www.cacities.org/legresouces. The League’s online bill-tracking tool can be found at www.cacities.org/billsearch. 3. Sign up to receive the League’s electronic newsletter, CA Cities Advocate, and stay current on important legislation. Subscribe at www.cacities.org/ cacitiesadvocate. 4. Develop relationships with your Senate and Assembly representatives as well as their Capitol and district office staff. 5. Get to know the members of your local press and educate them on legislative issues affecting your city. 6. Understand how state decisions impact your city’s budget. 7. Build networks and collaborate with other groups in your community on key legislative issues. 8. Organize an internal process within your city for developing and proposing changes to laws that will help your city. 9. Adopt local policies on legislation that enable your city to react quickly to the legislative process and respond to League action alerts. 10. Write letters on legislation featured in CA Cities Advocate. Find sample letters at www.cacities.org/billsearch by searching by bill number or bill author.

League of California Cities

Capitol dynamics have changed. Prior to term limits, powerful leaders ruled the Capitol and imposed party discipline related to major items through a system of rewards and punishments. Legislators operated within those rules on major items, but they also worked collaboratively with colleagues across the political aisle and were aggressive in demanding amendments to address district concerns. Now legislators rarely work across party lines and are more likely to simply follow the direction of leadership. City officials need to better understand their legislators and how they operate in this environment. Are there specific local issues they

Do not assume that just because a legislator was a former local official, he or she understands your city’s issues. www.cacities.org

will fight for? Do they have the personality to demand changes? Could their staff be helpful on certain matters? Learn what motivates the legislator. Prior to term limits, legislators represented districts for long periods of time. They were less concerned with re-election and could focus more on policy matters. Relationships with their local communities were substantive and longer term. Thanking a legislator for accomplishments was always a good idea, and it was unwise to burn bridges.

Your Tone Matters Many people complain that politics today is more polarized than ever before and that public discourse lacks civility. Keep this in mind when you discuss issues of concern with your legislators and their staff, and strive for a respectful and professional tone. Your chances of being heard are greatly enhanced if you take a calm and factual approach. Listening is just as important as having the opportunity to speak, and sometimes more so. When you meet with your legislator or legislative staff, remember that a discussion is a dialogue, not a monologue. Articulate your key points clearly, and make it a priority to listen actively to the response. One of the best ways to demonstrate that you are hearing the other person’s perspective is to repeat back to them what you understand them to mean and ask them to elaborate if something they’ve said is not clear to you.

In this post term-limits era, legislators are constantly contemplating their next political moves. They crave opportunities for acknowledgement and expanded name recognition. City officials are well positioned to deliver such accolades and opportunities when merited. A legislator’s actions and motivations should be analyzed to determine if other strategies might be successful. Ultimately, the most powerful weapon a local official has with a legislator is political endorsement and willingness to campaign and fundraise for or against a legislator at the local level. Pulling endorsements and campaigning against a legislator should occur only when no other remedies exist.

Advocating for Your City in an Era Of Term Limits WEB EXCLUSIVE City officials seeking to advocate for their communities are finding that legislators face tremendous pressure from party leadership and special interest groups. Consequently legislators often make tough decisions and cast votes that negatively impact cities and their constituents. To learn how city officials can advocate effectively in this environment, read “Advocating for Your City in an Era of Term Limits” online at www.westerncity.com under “Web Exclusive.”

More Resources Online

Read the online version of this article at www.westerncity.com for links to additional related resources, including ways to promote civil discourse and tips for city officials on working with their representatives in Washington, D.C. n

Just as the tone of a discussion matters when in a city council meeting, respectful discourse in meetings with your legislator can be helpful. You may disagree on the issue at hand, but your willingness to listen can be a valuable tool in understanding both their position and what motivates them.

www.westerncity.com

Western City, February 2012

Cathedral City Takes a Smart Approach to Water

athedral City (pop. 52,841) is nestled in the heart of the Coachella Valley and named for nearby canyons that early explorers thought resembled cathedrals. The city encompasses a diverse group of residents ranging from young families and singles to empty nesters and retirees. Many residents consider biking, hiking and gardening integral to their Southern California lifestyle. In the 1980s and 1990s, Cathedral City residents landscaped their lawns with lush green grass, vibrant plants and decorative shrubbery. By 2004, homeowners in Panorama, a neighborhood of 600 homes and one of the first housing developments in the city, were noticing problems with green waste and inefficient, excessive watering associated with home landscape maintenance. The homeowners were concerned about the environmental impact of these wasted resources. First, city staff and local volunteers assessed some of the inherent problems with Panoramaâ&#x20AC;&#x2122;s homeownersâ&#x20AC;&#x2122; garden and lawn maintenance routines and water irrigation systems. Research revealed that in Coachella Valleyâ&#x20AC;&#x2122;s residential areas almost 25 percent of the water supply was being used for landscape watering. Many

sprinkler systems in the Panorama neighborhood were deteriorating and in need of replacement or repair. These inefficient systems produced excess water that ran into the streets, resulting in nuisance water and cracked sidewalks and roads. In addition, homeowners were suffering from skyrocketing water bills and excessive costs associated with their lawn care. Cathedral City devised an alternative landscaping plan in 2004 that alleviated the economic and financial strain of water-intensive landscaping. Spearheaded by the Environmental Conservation Division, the city created the WaterSmart Landscape Grant Program to help homeowners eliminate their thirsty landscaping and instead use a drought-tolerant xeriscape approach. Xeriscape replaces water-intensive grass varieties and plants with blue grama and buffalo grass as well as cacti, decorative stones and other attractive drought-tolerant plants and shrubbery. Another benefit of xeriscape is that it greatly reduces the initial creation and total volume of green waste. The Panorama homeowners were the first participants in the pilot program. Since 2004, the program has expanded to encompass all residents and areas of Cathedral City. Interested parties are required to submit an application. Program participants must

Cathedral City won the Award for Excellence in the Housing Programs and Innovations category of the 2011 Helen Putnam Award for Excellence program. For more about the award program, visit www.cacities.org/helenputnam.

League of California Cities

www.cacities.org

A grant program for homeowners saves resources and money.

sign a contract with the city, submit receipts for materials as well as “before” and “after” photos of their landscaping projects, complete a survey for up to 14 months after program implementation and maintain xeriscape landscaping for 10 years after the initial planting season. If the applicant meets all the requirements, the city awards matching grants of up to $500 per recipient for converting traditional landscaping to xeriscape. The city uses appropriated environmental funds to finance the program.

This program provides residents the opportunity to make a personal contribution to environmental preservation and water conservation. “It’s a great way to protect our environment and save money at the same time,” says Deanna Pressgrove, the city’s environmental conservation manager. The city also benefits through a significant reduction in run-off and nuisance water, resulting in fewer costly street repairs and smoother, more attractive streets and roads.

One in three residents has shown interest in the WaterSmart Landscape Grant Program. The city council approved an annual budget of $30,000 for the program. Since 2004, the city has awarded $145,000 to residents who have converted their lawns. “I joined the program because I was concerned about wasting water, which is such a precious resource here in the desert,” says longtime resident Pat Hammers.

Encouraged by the positive response to this environmental initiative, Cathedral City implemented the Smart Controller Program in partnership with the local water companies, the Desert Water Agency (DWA) and Coachella Valley Water District (CVWD). Smart controllers are irrigation devices that self-adjust to changing weather to reduce water use. Cathedral City, DWA and CVWD share the cost of the controllers and installation. There is no cost to the resident. Since the program was launched in April 2009, 171 controllers have been distributed, saving more than 1 million gallons of water in the city.

Tremendous Savings in Water and Costs

Program participants are very enthusiastic about the attractiveness and low maintenance of their xeriscaping as well as the savings on water and supplies. According to the Coachella Valley Water District, a home with a grass yard uses 701,624 gallons of water and costs $600 per year. A lush yet water-efficient xeriscape uses 165,308 gallons of water and costs just $141 per year.

www.westerncity.com

“These programs are wonderful examples of how our city staff and the community partner to address environmental and neighborhood issues,” says Cathedral City Mayor Kathleen J. DeRosa. Contact: Deanna Pressgrove, environmental conservation manager, Cathedral City; phone: (760) 770-0369; email: <dpressgrove@ cathedralcity.gov>. n

Western City, February 2012

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Call Pam Maxwell-Blodgett at (800) 2621801 to place a display (boxed) ad or for rate and deadline information. Or e-mail <admanager@westerncity.com>. Website Job Postings

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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 e-mail Sara Rounds at <srounds@cacities.org> or phone (916) 658-8223 for more information.

Display ads are posted on our website at no additional charge. But if you miss the deadline for getting your job opportunity

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

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League of California Cities

City Manager, City of Monrovia, CA Only 15 miles northeast of downtown Los Angeles and enjoying a prime location at the base of the San Gabriel Mountains, the City of Monrovia is a modern community of 37,000. The City Council is looking for a City Manager to oversee a budget of $65 million and 228 full time staff. The ideal candidate will be an effective communicator who is comfortable interacting with members of the community, staff and Council. An individual who is a quick study and capable of gaining an immediate “sense of community” is sought by the Council. An individual who encourages collaboration and is capable of building consensus will be considered favorable for the position. The new City Manager should be a person of integrity and honesty. The Council is looking for an individual who can build upon the current organization and then take it to the next level. Candidates should possess significant experience in municipal government. Ideally individuals will have served as a City Manager. A big picture generalist with a broad understanding of development, redevelopment, and finance is being sought. Candidates for the position would typically possess a bachelor’s degree in Public Administration or a related field. Possession of a master’s degree is highly desirable. The salary is open and DOQ. The City also offers a competitive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date February 15, 2012. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

www.cacities.org

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City Manager, City of San Marcos, CA Located in the beautiful foothills of northern San Diego County, the City of San Marcos is a progressive community of 84,734 residents who enjoy a fantastic quality of life. San Marcos is seeking a City Manager to oversee the City’s staff of approximately 250 FTE employees and a FY 2011/2012 General Fund budget of $65 million. The City is seeking an innovative individual who will embrace the entrepreneurial spirit of the organization and support the vision of the Council and community. A skilled manager and capable leader is sought, as is someone who will be enthusiastic about community visibility and committed to the City. A strong background in municipal finance and budgeting is essential to this position; economic development or redevelopment experience is highly desirable. Candidates for this position should possess prior municipal management experience and a Bachelor’s Degree in Public Administration, Business Administration, or a related field; a Master’s Degree in Public or Business Administration is desirable. The salary for the City Manager position is open and dependent upon qualifications. If you are interested in this outstanding opportunity, please apply on line at www.bobmurrayassoc.com. Please contact Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date February 24, 2012. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

City Manager, City of Bell

founded in 1927; renewed in 2011 This is an opportunity to provide extraordinary public service to a community that has turned the corner and taken back their City. With the hard work of a skilled group of “transition managers,” much of the groundwork is currently being laid including the development of a professional annual budget, classification and compensation study, job descriptions, and other internal infrastructure improvements. The City Manager will team with the new City Council and lead the organization and community into the future. Opportunities abound to select a new team of professional department heads to assist in contemporizing the organization, provide quality government services, and improve civic pride. The City Manager will also focus on economic development, General Plan development, and the disposition and use of City property. Join in the renewal of the City of Bell – what better opportunity to contribute your proven experience and commitment to local government. Please send your cover letter and resume electronically to:

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

Filing deadline: March 5, 2012

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Western City, February 2012

The “Front Page” Test: An Easy Ethics Standard, continued from page 7

A good question to ask is whether you can give your harshest critic a straightforward explanation of why this was the right thing to do.

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by starting their analysis with what they want to do and then reasoning backward to justify that course of action. It’s a timehonored temptation. As founding father Benjamin Franklin wryly noted, “So convenient a thing it is to be a reasonable creature, since it enables one to find or make a reason for everything one has a mind to do.” In a similar vein, French philosopher Jean-Jacques Rousseau cautioned that “Nature never deceives us; it is always we who deceive ourselves.” Of course, as a public servant, your actions and words are often subject to intense public scrutiny. Thus, a distinct possibility exists that the media and the public (particularly your critics) will scrutinize your actions. However, even if the likelihood of scrutiny is slim or non-existent, the front page test is still a good one to use. As legendary basketball coach John Wooden observed, “The true test of a man’s character is what he does when no one is watching.” Avoiding Self-Deception

City of Walnut Creek, CA Nestled at the foot of Mt. Diablo in Contra Costa County, Walnut Creek is an award-winning, thriving suburban community whose 66,580 residents enjoy an exceptional quality of life that has become a hallmark of the City. The City currently has two exciting career opportunities available.

City Clerk — Appointed by the City Manager, the City Clerk is assisted by a Deputy and serves as a participative contributing member of the City Manager’s Office. Exceptional knowledge and experience in technology and automation, strong interpersonal and communication skills, and a professional, can-do approach are desired. Experience will include the equivalent of a Bachelor’s degree as well as a minimum of three years’ experience as a City Clerk, Deputy, or similar including staff supervision; CMC desirable. Salary: $86,729 - $104,942. Planning Manager — Appointed by the Community Development Director, the Planning Manager will oversee a staff of 11 supporting current and long range planning and code enforcement functions. Five+ years’ increasingly responsible planning and supervisory experience as well as a Bachelor’s degree in urban studies, city and regional planning, or related field required; Master’s degree/AICP highly desirable. Salary: $102,789 - $143,522. Please send your cover letter and resume electronically to: apply@peckhamandmckenney.com

Call Bobbi Peckham at (866) 912-1919 for more information. A detailed brochure is available on our web site at www.peckhamandmckenney.com. Filing deadline is February 13, 2012.

League of California Cities

Whether you are being watched or not, thinking about how the average constituent on the street will perceive your actions is a useful analysis. The question is whether that constituent will think you are doing the right thing as a public official. This doesn’t mean being a slave to

public opinion; it may still be important to stand on principle.

ject actions that appear to set apart public officials from those they serve.

When analyzing how a given course of action will look, count on the fact that most, if not virtually all, members of the community will lack some or all of the relevant information about the public official’s actions. In fact, there’s a strong likelihood the information the community receives — particularly if the information comes from a source other than the public official in question, such as the media — will be critical, incomplete, skewed and perhaps even inaccurate. For a course of action to comfortably pass the front page test, it needs to survive the community’s scrutiny even with incomplete or skewed information.

For other actions that tend to fare poorly in the court of public opinion, see “Situations Likely to Fail the Front Page Test” on page 7.

What are some of the elements that will factor into the community’s judgment? If the action involves spending the agency’s money, community members are likely to ask the question whether they feel that such an expenditure benefits them or not. A fair bet is the analysis will not include consideration of whether the official deserved whatever special benefit is in question. For better or worse, it is safest for public servants to assume that the prevailing community sentiment is that public officials don’t deserve special benefits. The American democratic tradition tends to re-

As part of the front page test, a good question to ask is whether you can give your harshest critic a straightforward explanation of why this was the right thing to do. In many cases, that explanation should include an analysis of how continued

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Garfield County, CO County Manager

Located in spectacular northwestern Colorado, Garfield County is a very dynamic and diverse community. In broad strokes, the eastern half of the county is viewed as the more cosmopolitan side of the county, closer to “up valley” communities, with the western half of the County seen as home to the natural gas industry and a more traditional western lifestyle. The Board of County Commissioners is seeking a visionary leader with unquestionable ethics and integrity as well as solid management, organizational, and financial skills. The County is very strong financially with approximately 450 employees and total expenditures for 2012 budgeted at $120 million. Hiring range is $105,137 to $131,421 DOQ with possible relocation assistance and competitive benefits.

Did you know?

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com Call Phil McKenney at (866) 912-1919 for more information or to request a detailed brochure. The brochure is also available on our web site at www.peckhamandmckenney.com. Filing deadline is February 27, 2012.

FEBRUARY 2012 |

The Month ly Magazin e of the Le ague of Ca lifornia Ci ties

You can read a digital version of Western City magazine that looks just like the print version. Visit www.WesternCity.com and click on the TABLET icon.

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Project Labor Agreements: Wha t You Need to Kno w p.9

Cornerstone of Effective State-Local Relati ons p.3 Using the Front Page Test p.6

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Western City, February 2012

The “Front Page” Test: An Easy Ethics Standard, continued

the action in question genuinely benefits and serves the interests of the community and how the action is part of a fair and transparent decision-making process.

can’t explain what you’re doing in simple English, you’re probably doing something wrong. Being close to the line in terms of what’s legal or relying on what might be considered loopholes or technicalities usually can be difficult to explain in simple language.

Compliance With the Law Isn’t Enough

Professing ignorance of the law is not likely to fly as an explanation either. Part of what most public officials offer to the public in campaigning for office is knowledge, and that’s also a big part of municipal staff ’s brand.

One of the explanations frequently offered by local officials under scrutiny is that what they did is legal or they received advice from agency counsel that it wasn’t illegal. This explanation answers the wrong question. Not being against the law generally just means that one won’t get jailed or fined for doing something. The question is whether the official is doing the right thing. This gets to the issue of what the public will conclude: that the official did what one ought to do in a given situation.

Conclusion

There will always be critics and watchdogs. The task for the savvy and ethical public official is to make decisions in a way that maximizes the likelihood that the community will conclude the official is trying to do the right thing. That’s what the public expects from its public servants. n

American critic and author Alfred Kazin once offered the sage advice that if you

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Western City, February 2012

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