Western City February 2016 by Western City Magazine

FEBRUARY 2016 |

The Monthly Magazine of the League of California Cities速

速

Temporary Signs Lead U.S. Supreme Court to Strictest First Amendment Scrutiny p.8 Drones: A Growing Hazard in the Absence of Tighter Regulations p.13 California Cities Use Creative Approaches to Recycling p.7

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CONTENTS 2 Calendar of League Events 3 President’s Message

8 Legal Notes

League Leaders Set 2016 Strategic Goals

Temporary Directional Signs Lead U.S. Supreme Court to the Strictest First Amendment Scrutiny

By L. Dennis Michael

By Margaret Rosequist

Each year we ask a diverse group of about 100 city officials to tell us which policy envelopes we need to push, which walls we need to scale and what partnerships we need to build. Bringing together local leaders who are close to the challenges facing their cities and knowledgeable about state policies and politics is the key to getting the job done.

ollowing a recent U.S. Supreme F Court ruling, California cities should ensure that their sign codes comply with the court’s strict approach to defining content neutrality.

By Tim Cromartie

6 City Forum

he steadily growing use of recT reational drones has risen to the level of endangering first-responder aircraft as well as commercial jetliners. New regulations, while helpful, may not go far enough to adequately address the hazards and potential misuse of drones.

California’s Water: Drought, Floods and Preparedness

By Mark Cowin

lthough we have millions of A acre-feet of empty space behind dams to capture storm runoff and snowmelt, that space cannot protect Californians against levee breaks, mudslides or overflowing urban creeks.

7 News From the Institute for Local Government

California Cities Use Creative Approaches to Recycling

As California residents and businesses increase the amount of material they recycle, local governments seek ways to build additional recycling facilities and expand existing programs.

Drones: A Growing 13

Hazard in the Absence of Tighter Regulations

Job Opportunities 15 Professional Services 23 Directory

On the cover: An Arizona town’s regulations made distinctions between different types of noncommercial signage, such as those shown in this representational photo and others. The U.S. Supreme Court found the regulations unconstitutional in a case with far-reaching implications for California cities. Photo: Robert W. Ginn/Alamy Stock Photo

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Low minimum investment amount Governed by city, county and special district treasurers and investment officers Contact us at 888-422-8778 or online at www.caltrust.org

President L. Dennis Michael Mayor Rancho Cucamonga

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

Second Vice President James Goodhart Mayor Palos Verdes Estates

Immediate Past President Stephany Aguilar Council Member Scotts Valley

Executive Director Chris McKenzie

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

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Magazine Staff Editor in Chief Jude Hudson, Hudson + Associates (916) 658-8234 email: editor@westerncity.com

February

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

3–5

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

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

March

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

2– 4

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

Contributors Karalee Browne Dan Carrigg Melissa Kuehne Corrie Manning Chris McKenzie Jason Rhine Patrick Whitnell

9 –11

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

Associate Editors Carol Malinowski Carolyn Walker

April

Design Taber Creative Group

7–8

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

Advertising Design ImagePoint Design For photo credits, see page 16. Western City (ISSN 0279-5337) is published monthly by the League of California Cities, 1400 K St., Sacramento, CA 95814. Subscriptions: $39.00/1 year; $63.00/2 years; student: $26.50; foreign: $52.00; single copies: $4.00, including sales tax. Entered as periodical mail January 30, 1930, at the Post Office, Los Angeles, CA 90013, under the Act of April 13, 1879. Periodical postage paid at Sacramento, Calif.

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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. ©2016 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume XCII, No. 2.

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First Vice President JoAnne Mounce Council Member Lodi

League of California Cities

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

Legislative Action Day, Sacramento Get updates on legislation affecting your city, and meet with your legislators.

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. Follow Western City @WesternCityMag. Join us on Facebook. www.facebook.com/westerncity www.facebook.com/LeagueofCaCities www.cacities.org

President’s Message by L. Dennis Michael

League Leaders

You might think there would be an element of danger in asking about 100 city officials to come together each year to review our progress and to chart the League’s strategic direction for the year ahead. I recall a city official asking me years ago, “Do you really expect city officials to agree on much of anything, given the great diversity among cities in California?” I wish that same official could have attended our annual goalsetting workshop on Nov. 19, 2015, in Sacramento. Once again the officers and directors of the League’s board, divisions, diversity groups, departments and policy committees proved with energy and enthusiasm that it can be done. Each year we ask this group of city officials to tell us which policy envelopes we need to push, which walls we need to scale and what partnerships we need to build. Bringing together local leaders who are close to the challenges facing their cities and knowledgeable about state policies and politics is the key to getting the job done. After intense discussion in small groups, reports to the entire group and distillation of 18 initially suggested strategic goals into eight options, the individuals cast their ballots for the choices and collectively selected three strategic goals for 2016.

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Set 2016 Strategic

Increase Funding for Critical Transportation and Water Infrastructure. Provide additional state and federal financial assistance and new local financing tools to help meet the critical transportation (streets, bridges, active transportation and transit) and water (supply, sewer, stormwater, flood control, etc.) infrastructure maintenance and construction needs throughout California’s cities.

Any student of history knows that the great nations of the world depended on the free flow of goods, people and basic services via a network of what we used to call “public works.” Ancient Rome was known as much for its aqueducts and system of roadways as it was for its military might; its military and the stretch of its empire depended on the maintenance and construction of public works. Innovations in what we now call “infrastructure” can well determine the success of economies and the level of individual creativity and accomplishment. As the center of the innovation economy for decades, California has a legacy of investment in its infrastructure. In recent years, however, that legacy has become tarnished as we have accumulated extensive unfunded maintenance liabilities in our transportation infrastructure

($78 billion locally and $59 billion in the state system). The result of this neglect is unacceptable traffic delays, increased risk of injury to Californians and damage to their personal vehicles and a waste of previous public investments as we are forced to replace failed parts of the system at a far greater cost than if we had simply maintained them. While Congress recently enacted a reauthorization of the federal transportation funding program, action by the state is critically needed. This goal demonstrates the League’s unceasing support for enacting a comprehensive state transportation funding program that makes a substantial dent in our transportation maintenance backlog. Our water and sewer infrastructure is showing similar strains, and we know we can do much more to capture and recycle stormwater, manage and reuse flood waters, recycle wastewater, conserve potable water and improve the integrated use of all forms of water. We need flexible and practical financial tools to build and maintain the water, sewer and flood control infrastructure that is essential throughout our state. In the year ahead the League will seek to partner with our local government allies (the Association of California Water continued

Western City, February 2016

League Leaders Set 2016 Strategic Goals, continued

Agencies and California State Association of Counties), nonprofit groups like the California Water Foundation, leading business and environmental groups, the governor and the Legislature to modernize our laws that address financing the operation, maintenance and construction of our critical water, sewer and flood control infrastructure. If nothing else, our long statewide drought has taught us we have no choice but to get to work and solve this problem.

Improve Housing Affordability. Increase state and federal financial support, reduce regulatory barriers, and provide additional incentives and local financial tools to address chronic homelessness and improve housing affordability and availability in cities throughout the state. Fifteen years ago the author Malcolm Gladwell introduced the concept of the tipping point, “that magic moment when an idea, trend or social behavior crosses a threshold, tips, and spreads like wildfire.” His description seems apt when we consider the rapidly increasing interest at the state and local levels in developing resources and tools to address chronic homelessness and improve housing affordability and availability. Few people doubt that the cost of housing is growing faster in some areas of the state than many people of even moderate incomes can afford. And absolutely no one seems to believe we are doing a good job of addressing the large number of homeless Californians. While there are no easy solutions to these very difficult problems, the situation was made much worse by the loss of $1 billion annually since the state government dissolved local redevelopment agencies. This tragic loss of resources ($4 billion over the past four years) can and should be made up by state government, and local governments should be provided additional tools and resources to expand

League of California Cities

the supply of affordable housing to lowand moderate-income individuals and families, near where they work. While some advocates suggest we should make it easier for the homeless to sleep and stay on public sidewalks and parks and even occupy private property, other states such as Utah and certain cities are experiencing significant success in ending chronic homelessness through “housing first” programs that focus on getting the homeless into housing first with supportive services as a close second, realizing that all the services in the world can’t eliminate homelessness as effectively as a home can. The League will be working with the Legislature, Gov. Brown, our local government association partners, advocates for the homeless and others to develop responsible policy recommendations for a coordinated intergovernmental effort to

reduce chronic homelessness and to serve these populations compassionately until the housing and services they so desperately need can be made available.

Update the Local Government Tax Structure to Respond to the New Economy and Stimulate Economic Growth. Consistent with existing constitutional protections for property, sales and local taxes, develop and enact reforms to the local government tax structure to respond to the growth in e-commerce, the shift from the consumption of goods to the consumption of services, changing patterns of commerce and innovations in technology.

In Proposition 1A (2004) and again in Prop. 22 (2010), the League and our allies persuaded the voters to protect local taxes including property, sales, utility, business license, transient occupancy

We need flexible and practical financial tools to build and maintain the water, sewer and flood control infrastructure that is essential throughout our state.

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and others. What those ballot measures could not do, however, was ensure that the taxes remained relevant as the economy grew, changed and evolved. The explosion of Internet-based shopping in recent years has eroded the local sales and use tax as online merchants fail to collect use taxes on out-of-state purchases and remit them to the state and local agencies that levy the taxes. Long before the advent of online commerce, however, the pattern of consumer purchases began to shift and consumers began purchasing more services, such as repairs, and fewer manufactured goods. As this pattern has grown dramatically in the past decade, the sales and use tax base has become increasingly narrow, and the number of items we purchase and for which we never pay taxes has grown. For example, when we have our cars repaired because of the growing number

of potholes and other road hazards (see Strategic Goal No. 1), we pay sales taxes on the parts used in the repair but not on the labor costs, which often dwarf the costs of the parts. This pattern has probably also fueled pressure to raise local transaction use tax rates. In pursuing this goal, which was first introduced in the 2015 goals, the League’s Revenue and Taxation Policy Committee will continue to study and advise the League board of directors on viable opportunities for modernizing our state and local tax structure so that the tax revenues on which cities rely to finance critical services to their residents don’t become more obsolete and end up undermining the success of cities. This won’t be easy, but it is a very important undertaking. It is worth noting that the term “tax reform” appears nowhere in this strategic goal. That is probably

because, as the late U.S. Senator Russell Long said, “Tax reform means don’t tax you, don’t tax me, tax that fellow behind the tree.” In the long run, the widest tax base with the lowest tax rates possible is probably the fairest and most responsive way to finance government, but achieving that goal won’t happen unless the options are examined and debated. We will continue that process this year in partnership with League members, the Legislature and our local government association partners.

Conclusion While the League will work on many other policy issues during the year ahead, the board, divisions, departments, diversity groups and policy committees will pay special attention to these strategic goals. Throughout 2016 we welcome your ideas, suggestions and criticisms as we tackle these daunting challenges. ■

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Western City, February 2016

California’s Water:

Drought, Floods and Preparedness by Mark Cowin In every season of each year, Californians think about water — we need to be careful about how we use it and ready for its potentially destructive power. California’s 38 million people and its industry and agriculture depend largely upon five or six storms each winter to generate its water supply. When storms fail to materialize for more than a couple of years in a row, we suffer drought. When storms roll in from the Pacific Ocean that are stronger or faster than our infrastructure can handle, we risk the effects of flooding. State and local government leaders and every Californian should be prepared for drought and floods. In any given year, we may get either — or both. Climate experts tell us the strong El Niño conditions in the Pacific Ocean give us higher odds of heavy precipitation this winter, especially in Southern and Central

California. Even before winter began, localized downpours in Los Angeles and Kern counties buried hundreds of cars and trucks in mud and forced the closure of Interstate 5 for days in October. Downpours may bring flooding this winter and yet still not refill our reservoirs, build the mountain snowpack or recharge aquifers adequately to end the drought. It will take a few years of above-average precipitation to eliminate the water deficit of the drought, and we may get one wet year followed by more dry years.

Preparedness Is Essential Voters passed a $4 billion disaster preparedness and flood control bond in 2006, Proposition 1E, that has allowed the state to help local agencies protect homes and lives from levee failures, flash floods and mud slides. Prop. 84, also passed by voters in 2006, included $800 million for flood

Mark Cowin is director of the California Department of Water Resources and can be reached at Mark.Cowin@water.ca.gov.

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control. Those bond dollars have been put to work on hundreds of safeguarding projects, including strengthening the levees that protect Central Valley cities, replacing a 114-year-old dam in Escondido, building stormwater detention basins that improve flood control and naturally treat urban runoff, and constructing a 5-mile pipeline that will enable Los Angeles County to use stormwater to recharge a groundwater basin.

Managing Our Most Precious Natural Resource When this winter began, Northern California’s major reservoirs were generally one-third to one-half as full as the historical average. So although we have millions of acre-feet of empty space behind dams to capture storm runoff and snowmelt, that space cannot protect Californians against levee breaks, mudslides or overflowing urban creeks. Managing water in California to avoid both flooding and supply shortages is a never-ending job that grows more complicated with climate change. It requires steady investment in the infrastructure that allows us to recycle, recharge, restore, conserve, capture and move water. In the past four years, the California Department of Water Resources has awarded $577 million in integrated regional water management grant funds to leverage over $2.1 billion of local investment in more than 450 priority projects; these efforts will enhance California’s water supply by about 2 million acre-feet annually. That’s enough water to supply 4 million typical households for a year. Prop. 1, the water bond approved by voters in 2014, will maintain our momentum on these multibenefit projects that help build regional self-sufficiency. We cannot make California entirely drought- or flood-proof. But with steady investment and preparation, we can avoid the worst effects of both drought and floods. ■

League of California Cities

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California Cities Use Creative Approaches to Recycling Waste reduction and recycling are essential elements of a sustainable community. Local residents, businesses and public agencies alike benefit from conserving resources, protecting the environment, reducing waste and finding new uses for recycled materials. As California residents and businesses increase the amount of material they recycle, local governments seek ways to build additional recycling infrastructure facilities and expand existing programs.

El Cerrito’s Recycling Resource Center Serves as a Showcase The City of El Cerrito has built a Recycling Resource Center that showcases the value of recycling and environmental responsibility. The center not only provides residents a place to recycle a wide range of conventional and hard-to-recycle items, but also serves as the environmental heart of the city. It accepts 28 recyclable materials, including Styrofoam, a material most recyclers do not take. The center also accepts prescription drugs to keep them from polluting landfills and waterways, through a program paid for by the East Bay Municipal Utility District.

The Recycling Resource Center in El Cerrito accepts nearly 30 recyclable materials and attracts hundreds of visitors daily.

ILG’s Recycling Resource Center Offers Helpful Information

An average of 400 customers visit the center each day to recycle or reuse products, participate in educational classes or just to enjoy the site’s features. The center’s sustainable elements include solar panels, an 11,000-gallon rainwater reservoir, native landscaping, rain gardens that filter stormwater runoff and extensive energy efficiency measures.

In an effort to assist local governments in recycling efforts, the Institute for Local Government recently launched an online Recycling Resource Center in partnership with the California Department of Resources Recycling and Recovery, also known as CalRecycle. The resource center offers a variety of documents, webinars and case examples to help local governments finance, site and operate residential and commercial recycling projects and programs in their communities.

Oceanside Capitalizes on Compost

Topics and materials provided by the Recycling Resource Center include:

The City of Oceanside in northern San Diego County recognized early that traditional methods of green waste disposal, such as open burning or landfilling, are inefficient and environmentally unsound. In an effort to develop a more environmentally and economically sustainable waste-management approach, the city partnered with a recycling and compost facility operator to develop a beneficial public-private recycling program. Since its inception, the compost facility has processed over 1.5 million tons of green waste, primarily from within the city, and transformed it into high quality soil amendments, mulch and potting mixes. These products are sold to homeowners, landscapers, farmers, golf courses and public works departments and offered free to Oceanside residents. This public-private partnership model demonstrates that what can be good for the planet can also be good for the economy and the community. www.westerncity.com

• An explanation of the connections between recycling, greenhouse gas emissions and economic development; • Options for financing recycling programs and facilities; • Essential facts about recycling facilities and required permits; • California Environmental Quality Act guidelines for recycling infrastructure projects; • Tips on streamlining the planning process for recycling facilities; and • Information on permitting and financing anaerobic digestion facilities. To access the resource center and read more about the projects described here, visit www.ca-ilg.org/recycling-resource-center. ■ Western City, February 2016

Temporary Directional Signs Lead U.S.

Strictest First Amend by Margaret Rosequist The U.S. Supreme Court issued its much anticipated opinion in Reed v. Town of Gilbert on June 18, 2015, finding that the sign regulations in Gilbert, Arizona, violated the First Amendment. Although Reed considered only — and found unconstitutional — distinctions the town made under its sign ordinance between different types of noncommercial signs, the ruling’s impact is potentially far-reaching for California cities, because the court articulated an unforgiving standard for assessing the content neutrality of any restrictions under a city’s sign ordinance that impact speech rights.

Margaret Rosequist is an attorney with the law firm of Meyers Nave and can be reached at mrosequist@meyersnave.com.

League of California Cities

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Supreme Court to the

ment Scrutiny Background on Reed The Reed plaintiffs, a pastor and his small “homeless” church, had placed temporary directional signs throughout the Town of Gilbert directing people to the church’s weekly meetings, which were held in different locations because the church lacked a permanent location. The town cited the plaintiffs for, among other things, posting their signs in violation of the timing limits allowed under the town’s sign ordinance. The plaintiffs filed a lawsuit against the town, alleging that the regulations violated their First Amendment rights because other noncommercial signs with

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political or ideological messages were allowed to be posted for a longer duration and had different size limitations under the ordinance. The town contended that the ordinance did not violate the First Amendment because it was “content neutral” — it did not favor particular ideas or messages over others and served the town’s important interests in regulating safety and aesthetics. The Ninth Circuit Court of Appeals upheld the validity of the town’s distinctions between the different types of noncommercial speech under the ordinance, but the U.S. Supreme Court unanimously reversed. The Supreme

The images shown here are replicas of photos included in the Reed brief, which showed political signage and a directional sign for a local church.

Court held that the distinctions in the ordinance were not content neutral and therefore violated the First Amendment. continued

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.

Western City, February 2016

Temporary Directional Signs Lead U.S. Supreme Court to the Strictest First Amendment Scrutiny, continued

The Reed opinion also set forth a rigid test for assessing content neutrality and mandates that “strict scrutiny” judicial review applies to laws that target speech based on its communicative content. In the wake of Reed, cities should review and possibly reconsider the language used in their sign regulations to assess for content neutrality under the strict test articulated by the Supreme Court.

The requirement for content neutrality is not limited to sign regulations.

Content-Neutrality Test

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The Reed court held that the distinctions enacted by the Town of Gilbert in its sign ordinance were content based because the speech in local signs was treated differently based on whether the message was ideological, political or directional. Under Reed, “Government regulation of speech is content based if a law applies to particular speech because of the topic discussed or the idea or message expressed.” The Supreme Court found that the Ninth Circuit had incorrectly found the regulations to be content neutral and incorrectly applied a lower “intermediate” standard of judicial review to find the restrictions constitutional. Instead, the high court ruled that because the restrictions were content based, this triggered the higher strict scrutiny standard of review. Regulations reviewed under strict scrutiny are presumed to be invalid, and the court then unsurprisingly found that under this test the town’s restrictions violated the First Amendment. The court also explained that just because a government agency has a benign or reasonable intent for enactment does not lead to the conclusion that its sign restrictions are content neutral or constitutional. It is not necessary to show discriminatory intent on the part of an agency that enacts a specific regulation. Content-based restrictions on speech are unconstitutional whether or not they are made with a discriminatory motive. The mere fact that a sign ordinance calls out specific types of content for different treatment is likely sufficient to subject the regulation to strict scrutiny review.

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Restrictions That Will Survive Post-Reed

Reed’s Impact on Commercial Speech Regulations

The majority opinion in Reed provides a short list of the types of city sign regulations that will continue to be found legally sound. Specifically, regulations that have nothing to do with a sign’s message — such as restrictions regulating size, materials, lighting, moving parts and portability — remain permissible.

Commentators and the courts have already considered the impact of Reed on local commercial speech regulations and, in particular, on the Supreme Court’s earlier rulings upholding on-site/off-site and commercial/noncommercial distinctions in billboard regulations.

The opinion also notes that cities can go a long way toward entirely forbidding the posting of signs on public property as long as they do so in an evenhanded and content-neutral way. In contrast, cities should be wary of banning signage on private residential property, as earlier Supreme Court precedent explains that a restriction closing down an entire medium of speech in one’s own front yard is unconstitutional. The Reed opinion also finds that content-based distinctions that are supported by a compelling interest in vehicle and pedestrian safety (such as warning signs marking hazards, signs directing traffic or street numbers associated with private houses) may survive strict scrutiny review. The concurring opinion in Reed expanded on the list of content-neutral sign regulations cities can still consider, identifying (among others) rules that: • Regulate the location of signs;

Given the Reed concurrence approving of the on-site/off-site distinction for signs, it appears likely that an on-site/off-site distinction in a city’s sign ordinance — with an accompanying exemption for noncommercial signs — will continue to be valid. In fact, the California federal district courts that have considered the issue have found that because Reed considered only noncommercial speech, the case does not disrupt the current commercial speech regulatory framework for signs.

California Constitutional Considerations One issue for California cities, however, is the continuing viability of the on-site/ off-site and commercial/noncommercial sign distinctions under a California constitutional analysis. While several federal courts have found on-site/off-site and commercial/noncommercial distinctions to be valid under the California Constitution, a recent state trial court found these

distinctions in the City of Los Angeles’ sign ordinance were invalid as contentbased distinctions under the California Constitution. The case, Lamar Central Outdoor, LLC v. City of Los Angeles, is pending in the California Court of Appeal. Lamar involves the constitutionality of the city’s billboard regulations under the Liberty of Speech clause (the state’s counterpart to the First Amendment) in the California Constitution. The Ninth Circuit has repeatedly upheld the city’s billboard regulations under federal law, but the trial court found the regulations failed to pass muster under the state’s Constitution. Among other items, the trial court found that distinctions between commercial and noncommercial messages and between on-site and off-site signs are content based and do not meet the strict scrutiny standard of review. The trial court’s ruling in Lamar is not binding on other cities. The League has filed an amicus (friend-of-the-court) brief supporting Los Angeles in the Court of Appeal, arguing that on-site/ off-site and commercial/noncommercial sign distinctions in a sign ordinance remain constitutional under the California Constitution as well as under the federal Constitution, and that the intermediate standard of judicial review applies rather than strict scrutiny. continued

• Restrict the total number of signs allowed per mile of roadway; • Distinguish between signs with fixed messages and electronic signs with messages that change; and • Distinguish between on-premises and off-premises signs.

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

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Western City, February 2016

Temporary Directional Signs Lead U.S. Supreme Court to the Strictest First Amendment Scrutiny, continued

Reed’s Impact Beyond Sign Regulations The requirement for content neutrality is not limited to sign regulations, and some courts have applied the Reed test in arenas outside sign ordinances. In particular, the federal Seventh Circuit Court of Appeals reversed its initial ruling upholding restrictions on panhandling in light of the

Reed ruling. The regulation considered in that case prohibited oral requests for an immediate donation of money but allowed oral pleas to send money later. The Seventh Circuit found that under Reed the restriction was content based as it applied to particular speech because of the topic discussed or the idea or message expressed.

The ruling’s impact is potentially far-reaching for California cities.

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In contrast, the Ninth Circuit Court of Appeals had noted before the Reed decision that regulations prohibiting the immediate hand-to-hand exchange of money (and that do not distinguish between oral or written requests) may be content neutral as such regulations are directed at the conduct (exchange of money) rather than the speech. It is unclear whether such a restriction will stand up to the Reed test, and it will remain challenging for California cities to carefully craft solicitation or panhandling restrictions that are deemed by the courts to be directed at conduct alone and not at the topic or the message of the speech.

Conclusion Given the Supreme Court’s ruling in Reed, California cities should ensure that their sign codes comply with the court’s strict approach to defining content neutrality. Cities may also want to consider evaluating other restrictions impacting First Amendment rights, such as panhandling or solicitation regulations. But Reed makes clear that cities may continue to regulate signs unrelated to the message itself — such as regulating size and location. Cities may also consider applying an evenhanded ban on signs with very limited content-based exemptions supported by a compelling safety interest, such as signs identifying hazards. Cities may also, with some caution, look to the more expansive list in the Reed concurrence as additional types of regulations to consider — including the on-site/off-site distinctions commonly used for billboard regulations. And finally, cities will also want to closely follow the Lamar case as the state Court of Appeal considers the validity of the on-site/off-site and commercial/noncommercial distinctions under the California Constitution. ■

Tom Hixson/Alyce Rados thixson@crcre.com arados@crcre.com 925-866-1300

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Upcoming Webinar on Sign Regulation The League will conduct a webinar on Feb. 24, 2016, on sign regulation issues in California cities. To register, visit www.cacities.org/events.

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Drones:

A Growing Hazard in the Absence of Tighter Regulations by Tim Cromartie A dramatic increase in the use of recreational and hobby drones in California during 2015 led to numerous instances of drones interfering with fixed-wing firefighting aircraft, as well as police and air ambulance helicopters. The League and the California Police Chiefs Association joined forces in 2015 to co-sponsor a public safety measure, Senate Bill 168 (Gaines-Jackson), that sought to address the hazard posed by unmanned aircraft systems, or drones, operating in flightrestricted airspace during an emergency. The bill would have provided first-responder aircraft operators with immunity in the event they damaged or destroyed a drone that was interfering with their emergency operations. Although Governor Brown vetoed the bill, citing its creation of a new misdemeanor offense that he believed to be unnecessary, the issue is far from dead.

Reports continue of drone interference with first responders and commercial airliners. A California Highway Patrol helicopter avoided a collision with a drone on Dec. 5, 2015, over Highway 4 in Martinez only by taking evasive action. Law enforcement personnel identified the drone operator and referred his case to federal authorities. Had a collision occurred with the helicopter crashing on the highway, there could have been significant loss of life and extensive injuries. This incident offers a prime example of why tighter regulations on the use of recreational drones are urgently needed.

New Regulations Require Registration for Recreational Drones On Dec. 14, 2015, the Federal Aviation Administration (FAA) announced a new

federal regulation requiring registration of all model aircraft, including recreational drones. The web-based registration process is reportedly user friendly. Under the new federal rule, anyone who operated a drone â&#x20AC;&#x201D; also known as an unmanned aircraft system (UAS) â&#x20AC;&#x201D; before Dec. 21, 2015, is required to register by Feb. 19, 2016, at www.faa.gov/uas/registration. Owners of any drone or UAS purchased after Dec. 21, 2015, must register before their first outdoor flight. Owners and operators must pay a registration fee of $5.00. In addition, drones will have to display a unique identifier, which is a registration number issued by the FAA. These new regulations, while helpful, may not go far enough to adequately address the hazards and potential misuse of drones. continued

Tim Cromartie is a legislative representative for the League and can be reached at tcromartie@cacities.org. Cory Golden, a legislative analyst for the League, also contributed to this article.

www.westerncity.com

Western City, February 2016

Drones: A Growing Hazard in the Absence of Tighter Regulations, continued

For example, registration is largely voluntary, and for drones purchased after Dec. 21, 2015, registration is not required at the time of purchase or point of sale. Though registration is now required prior to operating a drone, it is unclear how such a requirement will be enforced without a point-of-sale registration requirement or a requirement for online registration with the FAA before an online drone sale can be completed. This raises doubts about the effectiveness of the FAA’s response, given the widespread abuse of this technology over the past two years.

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action to ensure compliance with the new requirements. Existing federal law already provides civil penalties of up to $27,500 for failure to register a drone and corresponding criminal penalties including fines of up to $250,000 under 18 United States Code (U.S.C.) Section 3571 and/ or imprisonment up to three years under 49 U.S.C. Section 46306. However, under the new regulations there is no systematic mechanism to alert authorities about who has registered or to identify those who have not.

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The Unmanned Aircraft System Registration Task Force, which made a series of recommendations that led to the recent FAA regulations, considered the difficulties posed by enforcement and

the limitations of the FAA and local law enforcement agencies. The FAA’s primary enforcement mechanism will be outreach and education, which will likely be webbased (see “What’s Required Under Federal Law” on page 20). The FAA may also employ administrative or legal enforcement

Enforcement and Penalties

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Why Tighter Regulations Are Still Urgently Needed The Consumer Technology Association, a trade group, estimated that 400,000 drones would be sold in the United States during the 2015 holiday season. Given the many safety hazards drones pose and the current lack of comprehensive regulations and enforcement provisions to make such regulations meaningful, a number of states — including California — may take the initiative and pursue enforcement or other legislation, notwithstanding potential conflicts with federal law.

Background and Challenges Manufacturers have often resisted legislation that would impose requirements such as placing unique identifiers on individual drones, building in “kill switches” that could incapacitate a drone instantly, or including transponders, which are devices that emit a radio signal used to continued on page 17

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League of California Cities

1/5/16 4:08 PM

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City Manager City of Chandler, AZ The City of Chandler (population of approximately 247,000) is seeking a capable leader and skilled manager to serve as its new City Manager. The ideal candidate will take a collaborative approach in dealing with issues and will be an experienced consensus builder. The new City Manager should be a person of integrity and honesty. Chandler is looking for an individual who is politically astute yet apolitical and can handle the day to day tasks ranging from negotiations, infrastructure, economic and community development, as well as budgeting. The City is seeking a seasoned and accomplished leader, who can create a positive working relationship with staff on behalf of the City Council. The selected candidate must be an effective delegator that emphasizes results and accountability. The ideal candidate should have experience working in local government as a City Manager, Assistant City Manager or Department Head. Candidates with an understanding of financial management and budget will excel in the position. In addition, experience with issues relating to crime, economic development, finance, community development, labor relations/employee relations are very desirable. Candidates should possess a Bachelor’s degree; a Master’s degree is desirable. The salary range is negotiable and DOQ with excellent benefits. Apply online at www.bobmurrayassoc.com. Contact Fred Freeman at (916) 784-9080. Brochure available. Closing date: February 26, 2016.

Display Advertising 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.

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

PLANNING MANAGER The City of Tehachapi will be accepting applications for a Planning Manager position. The Planning Manager plans, organizes, directs and coordinates the activities of the Planning Division of the Development Services Department, acts as an advisor to the City in interpreting the general plan, zoning and subdivision codes, and evaluating environmental issues; performs a variety of highly complex and difficult professional level planning duties. Salary Range: $6,255 - $9,804 monthly plus benefits Expected Hiring Range: $6,255 - $7,434 Applications will be accepted until 5:00 p.m. February 17, 2016. Applications, job requirements and job description may be obtained at www.tehachapicityhall.com.

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Risk Manager, City of Long Beach, CA The City of Long Beach, (population 490,566) is currently seeking a Risk Manager who can develop close working relationships with City staff of all levels, to ensure the risk management program is fully implemented. The ideal candidate will have a solid background in implementing administrative policies and programs and the ability to ensure proper risk transfer through contracts or purchase of insurance. The incoming Risk Manager will be able to effectively prioritize multiple tasks while encouraging a cohesive department staff. A strong decision maker who will inspire confidence and enthusiasm in others is desired. Candidates with knowledge and experience in human resources policies and procedures, risk management, compliance and negotiations are encouraged to apply for this position. A bachelor’s degree in risk management, public or business administration is required, with a master’s degree preferred and seven to ten years of progressively responsible administrative or supervisory experience in risk management/ claims administration or an equivalent combination of education and experience is also required. Salary is commensurate with work experience. The City’s compensation package also encompasses an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Fred Freeman at (916) 784-9080 should you have any questions. Brochure available. Closing date February 26, 2016. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Western City, February 2016

Zoning Administrator

City of Mountain View, CA

C — DIRECTOR —

Parks & Recreation — DIRECTOR —

Public Works

CITY OF ROSEMEAD, CA Salary: $9,051–$12,245/ Month (DOQ) As a key member of the Executive Management Team, the ideal candidate for both positions will work closely with the City Manager, be a proactive, strategic thinker & decision maker who possesses outstanding integrity and judgment. He/ she should have an engaging & collaborative management style and excellent communication & interpersonal skills who enjoys the challenge of a fast-paced, progressive, team-oriented work environment. He/she must be an exceptional problem solver who embraces challenges with enthusiasm, initiative and creativity and can demonstrate knowledge of current advances and best practices in all aspects of municipal administration and provide recommendations and solutions which reflect this knowledge and awareness. Very generous benefits package including CalPERS (2%@55 formula for classic CalPERS members or a 2%@62 formula for new members), a monthly benefit allowance of $1,700, health, dental and vision, 4/10 work schedule, administrative leave, Section 125 plan, 457 plan, paid leave, life and disability insurance, wellness program, employee assistance program, bilingual pay, and etc. The City participates in the Social Security. DEADLINE TO APPLY: Thursday, March 31, 2016 AT 11:59P.M. Complete description and to apply, visit www.governmentjobs.com/careers/cityofrosemead.

League of California Cities

onveniently located in the center of Silicon Valley, the City of Mountain View (pop. 76,260) is nestled between the Santa Cruz Mountains and San Francisco Bay just 10 miles north of San Jose and 35 miles south of San Francisco. A strong tech presence and robust economy, superior public services and facilities, and a commitment to strong neighborhoods and citizen involvement all make Mountain View an ideal place to call home. The City, a recent recipient of an award from the American Planning Association, is recruiting for a Zoning Administrator who will have a pivotal role influencing significant and high profile projects involving major organizations such as Google, LinkedIn and El Camino Hospital. This outstanding communicator will be innovative, persuasive and collaborative. He/she will exhibit leadership and fortitude in maintaining the City’s high standards and quality of life. A Bachelor’s degree in urban/ regional planning or closely related field and five years experience are required. Salary is up to $132,114, and supplemented by an attractive benefits package that includes 2.7% @ 55 CalPERS for Classic Members. Closing date: Sunday, February 28, 2016. Brochure available at www.tbcrecruiting.com.

Julie Yuan-Miu • 925.820.8436 Teri Black • 424.296.3111

www.bobmurrayassoc.com

Watch for these Upcoming Opportunities: • California Agricultural Commissioners and Sealers Association – Executive Director • City of Manteca, CA – Community Development Director • County of Santa Barbara, CA – Public Defender • City of Sunnyvale, CA – Director of Finance • Housing Authority of the County of Santa Clara – Assistant Director of Administration • City of Santa Barbara, CA – Police Chief • City of Corona, CA – Economic Development Manager

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

Photo/art credits Cover: Robert W. Ginn/Alamy Stock Photo

Page 11: Taber Creative Group

Page 3: graphic, Mothtsu/Shutterstock.com

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Page 4: Yuriy Vlasenko/Shutterstock.com

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Page 17: Concept W/Shutterstock.com

Page 7: David Wakely Noll and Tam Architects, courtesy

Pages 18–19: Leonard Zhukovsky/Shutterstock.com

of the Institute for Local Government

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Page 8: Robert W. Ginn/Alamy Stock Photo

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Page 9: street image, Quantabeh/Shutterstock.com; sign and digital retouching, Taber Creative Group

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Drones: A Growing Hazard in the Absence of Tighter Regulations, continued from page 14

track location. This resistance has frustrated authorities and limited their ability to hold wayward drone operators accountable. Even if state or federal legislative efforts are mounted to impose stiffer fines or even jail time for drone-related accidents, such efforts may not be meaningful if there is no feasible means of readily identifying drones or linking them with specific operators. Past federal regulations have contributed to the current problem. Congress in 2012 declined to regulate recreational drones and ruled that the FAA could not require members of the public to register their drones, obtain training or fly drones with identifying features. As a result, the steadily growing use of recreational drones has risen to the level of endangering first-responder aircraft as well as commercial jetliners. Federal law currently may pre-empt many state regulations in this area, and the FAA considers its body of regulations over UASs as “occupying the field” — that is to say, pre-empting state and local law. Federal regulations specifically addressing recreational drones seem to fall short given the extensive illegal activity. A few general guidelines that pre-date drones were initially issued to regulate model airplanes — these guidelines restrict drones’ maximum flight altitude to 400 feet and direct operators to avoid contact with other aircraft, keep the drone in sight and stay at least 5 miles away from commercial airports. Otherwise, federal regulations have not addressed recreational drones at all until very recently. When it enacted the FAA Reauthorization bill in 2012, Congress decided that recreational drones would be outside the scope of most FAA regulations, which focus primarily on commercially operated unmanned aircraft systems. Another federal law (also enacted prior to the advent of drones) applies to model aircraft generally but also to drones and requires pilot certification if the model aircraft/drone weighs more than 55 pounds. continued

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A collision with even a relatively small drone can bring an aircraft down.

E S

City Manager, City of Manteca, CA Known as the “Crossroads of California,” Manteca (population over 73,750) is located near the northern end of the San Joaquin Valley in southern San Joaquin County. The City is seeking a City Manager who will keep the City Council, staff, and community well informed. A City Manager who has a history of positive interaction and communication with the City Council will also be valued. The ideal candidate will possess an open door policy for feedback and suggestions. Candidates should be open, honest, and have excellent verbal and written communication skills. Someone who is politically astute but apolitical will be valued. Community and economic development are high priorities and a Manager who is willing to help move things along will excel in this position. A Bachelor’s degree in Public Administration, Business Administration, or a related field is required. A Master’s degree is preferred. The salary for the City Manager is open and is dependent upon qualifications. The City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Contact Gary Phillips at (916) 784-9080 should you have any questions. Closing date March 4, 2016. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Director of Environmental Services

Orange County Sanitation District, Fountain Valley, CA

With offices located conveniently in Orange County off the 405 freeway, the Orange County Sanitation District (OCSD) is the third largest wastewater treatment agency west of the Mississippi River. OCSD is seeking a candidate for the executive-level Director of Environmental Services position to oversee the activities and operations of the new Environmental Services Department, which include environmental compliance, laboratory services, the ocean monitoring program, and source control operations. The ideal candidate will have a proven track record in operational optimization, sound financial management, and customer satisfaction; and embrace the highly visible position with outstanding leadership, strategic business planning and organizational skills. The position requires a bachelor’s degree with major coursework in environmental science, environmental engineering, or a related field; and ten years of increasingly responsible experience, including three years of management and administrative responsibility. For additional information and to apply, visit: http://www.ocsd.com/ jobs. The closing date is Friday, March 11, 2016. The OCSD is seeking a candidate who can begin working on July 1, 2016.

Western City, February 2016

Drones: A Growing Hazard in the Absence of Tighter Regulations, continued

But the new regulations issued in December 2015 may not adequately address the many instances of less than responsible use of recreational drones. These regulations, which depend on voluntary compliance, may not be a sufficient response to the problem of those intent upon ignoring

the law. To complicate matters, most drone flight education programs are privately sponsored, and manufacturers are not required to include in drone packaging the latest FAA regulations governing the use of recreational drones.

Public safety opportunities . . .

Civilian Police Commander City of Tustin

Deputy Police Chief City of Pasadena

Multiple Incidents Highlight a Danger to Public Safety Drones interfered with aircraft attempting to battle wildfires on at least 13 separate occasions in 2015, compared with only four such incidents during 2014, according to the U.S. Forest Service. In many instances, firefighting aircraft had to be grounded for safety reasons due to drones operating in flight-restricted airspace. The result of grounding these aircraft was never more dramatic than in July 2015 at the Cajon Pass in San Bernardino County where a 3,500-acre wildfire destroyed four homes and 20 vehicles as the blaze jumped Interstate 15. A month later, an air ambulance narrowly avoided a collision with a drone in the skies over Fresno. Some have voiced doubts about whether what are essentially hobby drones pose much of a threat and speculate that authorities may have overreacted in deciding to ground their aircraft for safety reasons. But in an Aug. 11, 2015, CBS news broadcast, California Department of Forestry and Fire Protection helicopter pilot Jason Thrasher underscored the

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

City Manager, City of Newberg, OR The City of Newberg (population 22,900) is located in the beautiful Chehalem Valley, about 25 miles southwest of Portland. Good schools, quality city services, and active community involvement are among the attributes that help the City live up to its motto, “Newberg, a Great Place to Grow.” The City is now seeking a City Manager. An impeccably honest individual with a strong sense of personal and professional integrity is sought. The incumbent should be creative, proactive, and visionary. The City Council seeks a proven manager with exceptional interpersonal and administrative skills to serve as the City Manager of Newberg. The ideal candidate will foster a working partnership with the Mayor and Council Members and maintain open lines of communication with both the Council and the community. A Bachelor’s degree in Public Administration, Political Science, Business Management, or a closely related field is required; a Master’s degree is preferred. Five (5) years of experience as a Department Head, Assistant City Manager or City Manager, or equivalent experience in the private sector is desired. The annual salary range for the City Manager is $129,000-$156,000; placement within this range will be determined based on qualifications and experience. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Contact Bob Murray at (916) 784-9080 should you have any questions.

The New York Police Department investigates an incident involving a drone crashing during a match at the U.S. Open 2015 at the Louis Armstrong Stadium in New York City on Sept. 3, 2015.

Closing date February 26, 2016. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

League of California Cities

www.cacities.org

danger drones pose to firefighting aircraft, when he made it clear that a collision with even a relatively small drone can bring an aircraft down. “If a drone … were to go into a tail rotor or a main rotor system, it could have catastrophic consequences,” Thrasher said.

A Growing Threat to Commercial Aviation The federal government has tightened its grip on recreational drone regulation since 2012, but arguably not quickly enough. In June 2014, the FAA banned the use of hobby drones within 5 miles of airports, unless the drone operator has secured permission to fly in that airspace from the airport and its control tower. Despite this regulation, violations near airports continue to occur with increasing frequency. According to a nationwide study (Drone Sightings and Close Encounters: An Analysis, December 2015) conducted by the Center for the Study of the Drone at Bard College, over 90 percent of incidents involving drones and commercial aircraft from Dec. 17, 2013, to Sept. 12, 2015,

• 28 incidents in which pilots had to take evasive maneuvers to avoid a collision.

occurred above 400 feet, the maximum altitude at which drones are allowed to fly under FAA regulations. The study reported:

Often the drones were large enough to cause significant — possibly catastrophic — damage in the event of a collision; among the 340 drones identified in the

• 51 incidents in which a drone was sighted 50 feet or less from an airliner; and

continued

CITY MANAGER

City of Calexico, California Annual Salary: $134,084 – $162,980 This position is a contract position

Submit applications to: Best Best & Krieger Attorneys at Law c/o Carlos L. Campos, Partner 74760 Highway 111, Suite 200 Indian Wells, CA 92210 Phone: (760) 568-2611 Fax: (760) 340-6698 Carlos.Campos@ bbklaw.com

Under the direction of the City Council, plan, organize, control and direct Citywide operations, activities, departments, programs and functions; provide support for the City Council, direction and vision for the organization, and overall leadership and direction to the entire City government; implement the policies of the City Council; supervise and evaluate the performance of assigned personnel. Any combination equivalent to: bachelor’s degree and ten years increasingly responsible experience in the development and implementation of City government or related programs, projects and services including personnel, fiscal and public relation duties and six years in an administrative capacity. APPLY IMMEDIATELY: Open until filled. Applications are available at the Human Resources Department or can be downloaded from City’s website at www.calexico.ca.gov City of Calexico is an Equal Opportunity Employer.

Available in February . . .

Public Works Director City of Long Beach

Fire Protection Engineer Zoning Administrator City of Mountain View Teri Black • 424.296.3111 Julie Yuan-Miu • 925.820.8436 Bradley Wardle • 650.450.3299

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Western City, February 2016

Drones: A Growing Hazard in the Absence of Tighter Regulations, continued

study, 246 were multirotor and 76 were fixed-wing.

to the airport. Eleven of the incidents, or 64 percent, were within the federally prohibited 5-mile radius. Ten of them were above 400 feet, ranging from altitudes of 500 to 4,000 feet.

Bard’s study also included reported incidents at Los Angeles International Airport over a one-year period beginning Dec. 8, 2014. The study found 17 incidents of drone sightings in proximity

In June 2015, a Southwest Airlines pilot reported sighting a drone at between

CITY OF PINOLE The City of Pinole with a diverse population of 19,000 is located in the beautiful San Francisco Bay Area, on the shores of San Pablo Bay in West Contra Costa County. The City seeks a new Fire Chief to lead a departmental operation of 15 with an annual operating budget of $3.3M. Operating from Station 73, the Fire Department responds to approximately 2,200 incident calls annually. Pinole is also one of three fire departments that participate in Battalion 7 West Contra Costa County. The importance of William Avery & Associates FIRE in organizational relationships is paramount to success CHIEF in this role and will require a progressive and strategic 1 Management Consultants 3 /2 N. Santa Cruz Ave., Suite A leadership style that reflects values such as collaboration, team and mutual Los Gatos, CA 95030 respect. A focus on mentorship and staff development in expanding career 408.399.4424 paths, will be a key aspect of succession planning for the department. Fax: 408.399.4423

The selected candidate will have three or more years of command or email: jobs@averyassoc.net www.averyassoc.net supervisory experience in the fire service, and possess a broad knowledge of fire services, fire prevention, and emergency management. A Bachelor’s degree from an accredited college or university with major course work in fire science, fire administration, or a closely related field is required. An AA degree and certification as a California Chief Officer or completion of the National Fire Academy Executive Officer program may be substituted for the four-year degree requirement. The salary is up to $159,000 annually, DOQ. To be considered, please submit (email preferred) a letter of interest, resume, salary history and contact information including email addresses for five work-related references to Paul Kimura by February 12, 2016. A formal job announcement is available at http://www.averyassoc.net.

Recreational drone operators are required to observe these safety guidelines: • Follow community-based safety guidelines, as developed by organizations such as the Academy of Model Aeronautics (AMA); • Fly no higher than 400 feet and remain below any surrounding obstacles when possible;

Annual Salary: $ 107,365- $ 130,503

• Remain well clear of and do not interfere with manned aircraft operations — see and avoid other aircraft and obstacles at all times;

Under the direction of the City Manager, plan, organize, control and direct the operations, activities, and functions of the Finance Department including utility billing, cash management, payroll, accounts payable, accounts receivable and general ledger; coordinate and direct fiscal recordkeeping, reporting and the development, monitoring, analysis, maintenance, auditing and adjustment of City accounts, funds and budgets; supervise and evaluate the performance of assigned personnel. Any combination equivalent to: bachelor’s degree in accounting, finance, business administration or related field and five years increasingly responsible governmental accounting experience including three years in a supervisory capacity. APPLY IMMEDIATELY: Open until filled. Applications are available at the Human Resources Department or can be downloaded from City’s website at www.calexico.ca.gov City of Calexico is an Equal Opportunity Employer.

League of California Cities

In an effort to help the public understand what is required of not only recreational drone operators, but also commercial and public agency users of unmanned aircraft systems, the FAA has launched a website containing information on the federal requirements, including the many safety guidelines listed below, at http://knowbe foreyoufly.org.

FINANCE DIRECTOR This position is a contract position

What’s Required Under Federal Law

• Keep the drone/UAS in eyesight at all times, and use an observer to assist if needed;

City of Calexico, California

Apply at: City of Calexico 608 Heber Avenue Calexico, CA 92231 Phone (760) 768-2107 Attn: Human Resources Department

2,000 and 3,000 feet just prior to landing at Oakland International Airport. Such incidents are increasingly common in other parts of the country. The Denver Post reported on Sept. 20, 2015, that since June 2015, unauthorized drones have been spotted near Denver International Airport seven times, flying within 500 feet of approaching aircraft at altitudes as high as 3,600 feet, well above the maximum altitude of 400 feet for drones.

• Do not intentionally fly over unprotected persons or moving vehicles, and remain at least 25 feet away from individuals and vulnerable property; • Contact the airport or control tower before flying within 5 miles of an airport; • Fly no closer than 2 nautical miles from a heliport with a published instrument flight procedure;

www.cacities.org

• Do not fly in adverse weather conditions, such as in high winds or reduced visibility; • Do not fly under the influence of alcohol or drugs; • Ensure the operating environment is safe and that the operator is competent and proficient in operating the drone/UAS; • Do not fly near or over sensitive infrastructure or property, such as power stations, water treatment facilities, correctional facilities, heavily traveled roadways and government facilities; • Check and follow all local laws and ordinances before flying over private property; and • Do not conduct surveillance or photograph people in areas where there is an expectation of privacy without the individual’s permission (see the AMA’s privacy policy). In addition, operators of commercial and recreational drones/UASs should be aware that in remote, rural and agricultural areas, manned aircraft — including fixedwing aircraft and helicopters — may be operating very close to ground level. Pilots conducting agricultural, firefighting, law enforcement, emergency medical and wildlife survey operations (and a variety of other services) legally and routinely work in low-level airspace. Operators controlling drones/UASs in these areas should maintain situational awareness, give way to and remain a safe distance from these low-level, manned airplanes and helicopters.

Recent Attempts at Regulation in California Gov. Jerry Brown’s administration has taken a mixed approach in terms of drone policy. The governor signed a bill in October 2015 banning the use of drones to record audio or video of events occurring on private property without the property owner’s permission. This legislation is intended in part to provide celebrities some

Tighter regulations on the use of recreational drones are urgently needed.

Lake Elsinore is one of the fastest growing Cities in California and the Action Sports Capital of the World! The City, with approximately 58,400 residents, is located in the heart of the I-15 Corridor and bridges all the activity between Los Angeles, Orange County, Riverside, and San Diego. The City is approximately 30% built out, creating a unique opportunity for an innovative, forwardthinking individual to facilitate future growth and infrastructure needs due to active development projects across the City. Position Requirements: The City is looking for individuals with the equivalent of five years of increasingly responsible experience in public sector management, a Bachelor’s degree in Management, Public Administration, Engineering, or related field; and a valid California Civil Engineer certificate. How to Apply: Applications will be accepted until position is filled. Please visit www.lake-elsinore. org for application details. Questions? Contact Jennifer Perrault at jperrault@lake-elsinore.org or 951-674-3124 x231.

CITY ENGINEER CITY OF LAKE ELSINORE

Salary: $123,322 – $157,394 annually

Position is exempt and at-will

ASSOCIATE PLANNER City of Ojai, California Salary: $68,099 to $82,784 annually, plus excellent benefits Performs professional-level work in current and longrange planning in the City’s Community Development Department. Education: Combination of training/ experience equivalent to Bachelor’s degree in planning or a related field. Master’s degree desirable. Experience: Three years experience as a City or County planner or equivalent, with some supervisory experience, with strong knowledge of CEQA and local government permitting processes. APPLY BY: Open until filled APPLY TO: City of Ojai, Attn: Deputy City Manager 401 S. Ventura St., Ojai, CA 93023 (805) 646-5581 x101 or www.ojaicity.org

continued on page 23 www.westerncity.com

Western City, February 2016

Presents Outstanding Career Opportunities

Call Bobbi Peckham at (866) 912-1919. Filing deadline is March 9, 2016.

Human Resources Director City of Folsom, CA

Perfectly situated near California’s state capital, and between the San Francisco Bay Area, wine country, and Lake Tahoe, the dynamic City of Folsom (pop. 75,000) is known for friendly people, quality schools, affordable housing, outstanding recreational opportunities, and scenic beauty. With a workforce of 450 FTEs, this full-service organization is committed to innovative solutions to continually improve core services and encourage economic growth for the community. The Director will oversee a centralized human resources department with a staff of four. The ideal candidate brings proven management, leadership, customer service, and labor relations experience, as well as an entrepreneurial mindset. A Bachelor’s degree in human resources management, personnel administration, or related field is required; Master’s desirable. Attractive salary and benefits; appointment is DOQ.

Deputy Director of Development Services City of Long Beach, CA

Call Bobbi Peckham at (866) 912-1919. Filing deadline is March 11, 2016.

Boasting amenities few cities can offer, Long Beach blends big city convenience with the friendly, relaxed atmosphere of an ocean-side community. With a diverse population of nearly 470,000, Long Beach provides exciting future development opportunities. Within Long Beach Development Services, the Deputy Director represents the department as 2nd in command, directly overseeing the Building & Safety Bureau and the Neighborhood Services Bureau (130+ FTEs). The ideal candidate brings proven leadership and management skills with a background in community development, planning, building, and code enforcement. Strengths in customer service, collaboration with other operating departments, decision-making, and political acumen are strongly desired. A Bachelor’s degree is required; Master’s degree preferred. Attractive salary and benefits; appointment is DOQ.

Director of Planning and Neighborhood Services

City of Milpitas, CA

Call Phil McKenney at (866) 912-1919. Filing deadline is February 29, 2016.

Located at the southern tip of the San Francisco Bay, Milpitas is a progressive community that is an integral part of the high tech Silicon Valley, often called the “Crossroads of Silicon Valley,” with most of its 13.63 square miles of land situated between two major freeways. With a very diversified resident population of over 71,000, Milpitas features quality schools and conveniently located neighborhood parks and shopping centers. The city is seeking an experienced, creative and passionate Director to lead the city’s efforts in land use and long-range planning and to take the department from great to fantastic. Bachelor’s degree and eight years experience with at least three years of supervisory experience required, Master’s degree highly desirable. Salary range is from $152,199 to $197,950 DOQE with excellent benefits.

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Drones: A Growing Hazard in the Absence of Tighter Regulations, continued from page 21

to intercept rogue drones flying over the city. The issue of drones penetrating government security garnered attention in Japan in April 2015, when a drone dropped a small amount of radioactive soil from the Fukushima Prefecture onto the roof of the prime minister’s office.

protection from paparazzi and protect the general public from illicit, unauthorized surveillance. But Gov. Brown vetoed a broader measure, SB 142 by Senator Hannah-Beth Jackson (D-Santa Barbara), that would have placed a blanket ban on drones flying over private property without the owner’s permission and made such activity trespassing. He vetoed two more bills, both by Senator Ted Gaines (R-El Dorado), that would have made it a criminal infraction to fly over a public school without permission (SB 271) and that would have created misdemeanor penalties for drone flights over prisons or county jails (SB 170). Gov. Brown also vetoed SB 168, which addressed first-responder immunity for damaging or destroying drones. In each case, the governor cited a policy objection to defining new crimes. However, his veto messages did not criticize the attempt to provide additional regulation in this area at the state level, which could encourage the Legislature to try again with a slightly different approach.

The new police drone has six propellers and a 3-meter by 2-meter net, according to the Asahi Shimbun, a local newspaper. It will be deployed by the unit within the Tokyo Metropolitan Police responsible for patrolling critical governmental locations.

What’s Coming The FAA released a list of recommendations in November 2015 to facilitate improved monitoring of recreational drones. A key recommendation required that most drone operators register their machine with the FAA, which will place the information into a national database. In addition to the new regulations that took effect in December 2015, discussed earlier in this article, the FAA has slated additional regulations for potential adoption as soon as March 2016, but possibly as late as June.

A New Approach From Japan: The Anti-Drone On Dec. 11, 2015, Forbes.com reported that the Tokyo Metropolitan Police Department had recently released a video of a special net-wielding drone it will use

Given the ongoing dramatic increase in drone sales, state legislatures throughout the nation are certain to revisit this issue in 2016, particularly if the latest wave of federal regulations do not seem strong enough. Areas of potential legislation include first-responder immunity, mandatory registration with local law enforcement, unique identifier requirements for individual drones and “kill switch” technology that can immediately disable a drone. For more information and links to related resources, read the online version of this article at www.westerncity.com. ■

Regardless of the impact of the new rules, a larger difficulty remains: Many drone operators are ignoring a number of the

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existing rules with increasing frequency, under circumstances that clearly pose an imminent danger to public safety. Will drone operators comply with a registration requirement that appears to be largely voluntary?

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