Western City February 2019 by Western City Magazine

FEBRUARY 2019 |

The Monthly Magazine of the League of California Cities®

Porterville Provides Clean, Sustainable Water After Neighbors’ Wells Fail p.13 Courtroom Clashes Seek to Elevate City and Citizens’ Rights Over Telecom Company Profits p.11 Desalination’s Potential for California’s Water Supply p.7

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CONTENTS 2 Calendar of League Events 3 President’s Message League Strategic Goals Set a Course for 2019

By Jan Arbuckle

pproximately 100 League leaders A participated in the goal-setting process. This provides an opportunity for city leaders to reflect on the prior year’s work, discuss current challenges and establish League priorities, as the organization continues to serve as the leading voice of California cities.

6 City Forum

Resources for Newly Elected Officials

By Melissa Kuehne

erving on the city council requires S a basic understanding of diverse city operations and issues such as land use and planning, public safety, disaster response and more.

7 News From the Institute for Local Government

Desalination’s Potential for California’s Water Supply

By Kim Danko

lthough less than half a dozen A desalination plants currently exist in the state, the idea is gaining momentum and greater support at the state level.

8 Legal Notes

California’s Public Trust Doctrine Draws Attention in the Courts

By Christian Marsh

uring the past decade, California D has experienced a surge in the volume of public trust cases and recent court decisions.

Courtroom Clashes 11

Seek to Elevate City and Citizens’ Rights Over Telecom Company Profits

By Alison Leary

esidents and local communities R have numerous concerns related to the telecom industry’s efforts to preempt local control.

13 California Cities Helen Putnam

Planning Commissioners Academy

March 2019 Don’t miss your chance to secure a spot for this premier training opportunity.

Award for Excellence

Porterville Provides Clean, Sustainable Water After Neighbors’ Wells Fail

he East Porterville Water Supply T Project offers a model for helping to meet the clean and sustainable drinking water needs of disadvantaged communities.

18 California Cities Helen Putnam Award for Excellence

Truckee’s Mini Mousehole Improves Pedestrian and Bicycle Safety

his project solved a major T problem, and now people are encouraged to choose alternative forms of transportation.

Job Opportunities 21 Professional Services 30 Directory

On the Record City officials describe what they would like to change about the way the Legislature operates.

Cover photo: Carlos Marques/ Shutterstock.com

Program highlights include: • Major planning and land use issues facing California cities • AB 1234 Ethics Training • AB 1661 Sexual Harassment Prevention Training • Networking opportunities

President Jan Arbuckle Council Member Grass Valley

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

Second Vice President John Dunbar Mayor Yountville

Immediate Past President Rich Garbarino Vice Mayor South San Francisco

Executive Director Carolyn Coleman

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

Magazine Staff Editor in Chief Jude Hudson Lemons, Hudson + Associates (916) 658-8234; email: editor@westerncity.com Managing Editor Norman Coppinger (916) 658-8277; email: ncoppinger@cacities.org Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256; email: maxwellp@cacities.org Administrative Assistant Savannah Cobbs (916) 658-8223; email: scobbs@cacities.org Contributors Dan Carrigg Corrie Manning Patrick Whitnell Kayla Woods

leaguevents FEBRUARY 13–15

City Managers’ Conference, San Diego Geared to the unique needs of city managers, this conference covers issues affecting cities throughout California.

21–22

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

MARCH

Associate Editors Carol Malinowski Carolyn Walker

6–8

Advertising Design ImagePoint Design

Planning Commissioners’ Academy, Long Beach 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.

For photo credits, see page 24.

28–29

Design Taber Creative Group

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. ©2018 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume XCV, No. 2.

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First Vice President Randon Lane Mayor pro Tem Murrieta

League of California Cities

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

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

APRIL 3–5

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

Legislative Action Day, Sacramento Get the latest 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.

www.cacities.org

President’s Message by Jan Arbuckle

League Strategic Goals Set a Course for 2019 Every year, the League’s members and leaders work together to set strategic goals for the next 12 months. These goals focus our advocacy activities and serve as a powerful tool for advancing local control.

Disaster Preparedness, Housing, Homelessness, Pensions and Public Safety Take Center Stage

The League board of directors, joined by leaders from the League’s divisions, departments, policy committees and diversity caucuses, convened in Garden Grove Nov. 28–30, 2018, to develop the organization’s strategic goals for 2019. This annual event provides an opportunity for city leaders to reflect on the prior year’s work, discuss current challenges and establish League goals, as the organization continues to serve as the leading voice of California cities.

As part of these activities, we discussed many pressing issues affecting all California cities.

Approximately 100 League leaders attended and participated in the goalsetting process. The first portion of the program included presentations about the League’s progress on its 2018 goals, the results of recent state ballot measures, insights on voter trends and the priorities of incoming Governor Gavin Newsom and legislative leadership.

League leaders also discussed the challenges facing the state related to housing, including housing production, affordability and homelessness. This discussion included a review of the recent report, The 2019–20 Budget: California’s Fiscal Outlook, from state Legislative Analyst Mac Taylor. The report predicts a slowdown in housing production due to market forces that include an increasing

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In response to the recent wildfires that devastated communities throughout the state, city officials focused on the importance of expanding resources and partnerships — not only for disaster recovery, but also to improve community preparedness and resiliency in responding to climate-related disasters, both natural and man-made.

supply, higher interest rates and decreasing prices, which cause private builders to slow production. As the Legislature grapples with this problem, it will remain critically important to ensure that funding and tools are made available to build affordable housing units and address the homelessness crisis in California. Moreover, the Legislature can lead on the issue by providing California Environmental Quality Act (CEQA) streamlining continued

Western City, February 2019

League Strategic Goals Set a Course for 2019, continued

to expedite housing construction and by dedicating a portion of the state’s budget surplus to construct affordable housing and expand skilled workforce training. The participants agreed to continue collaborating with partners to raise awareness

of the growing fiscal challenge that rising pension costs pose for California cities. They also recognized the importance of addressing the public safety concerns of California cities and supporting additional resources needed to address critical community challenges.

Strategic Goals The League board of directors approved four strategic goals for 2019. 1. Provide Cities Additional Funding and Tools and Preserve Local Authority to Address Housing Production, Affordability and Homelessness Challenges. • Provide additional funding and preserve local mitigation fee authority to ensure cities have sufficient resources to update local plans that reflect community input, improve and expand local infrastructure, address environmental impacts and deliver services to support new housing development.

Issues related to housing — including production, affordability and homelessness — continue to be a key concern for cities.

• Restore a robust form of tax-increment financing to advance transit-oriented development, build affordable and workforce housing, improve jobs/ housing balances, and revitalize local neighborhoods and communities.

Laborers’ International Union of North America

BUILDS PEOPLE BUILDS PROJECTS BUILDS CALIFORNIA

The Laborers’ International Union of North America (LiUNA) partners with public and private entities, elected officials, community groups, and responsible contractors to build and maintain the infrastructure needs of communities throughout California while providing residents a career in the construction industry. (855) 532-3879 www.LiUNAbuildsCA.org

League of California Cities

www.cacities.org

The need to address the impacts of wildfires, such as the Tubbs Fire in Santa Rosa, right, is a concern for cities statewide. • Increase resources to provide emergency shelter, alcohol and drug treatment, housing, mental health and other wrap-around services and facilities to assist people of all ages, including seniors, experiencing homelessness. • Provide CEQA streamlining to expedite housing construction. • Ensure the availability of adequate water supplies to support new growth.

3. Promote Sustainability of Public Pension and Retirement Health Benefits.

• Protect public safety by reducing access to firearms for the mentally ill.

• Preserve local authority to ensure housing development is consistent with local housing elements, design requirements and other applicable criteria adopted with community input.

• Continue to work with employee organizations, the California Public Employees’ Retirement System (CalPERS), the administration and the Legislature to drive public awareness of the fiscal challenges cities face as a direct result of growing unfunded pension liabilities and retirement health benefits.

• Protect existing city authority to deliver local emergency services.

• Given California’s massive identified deficit in affordable housing, the Legislature and governor should set aside a substantial amount of the state’s budget surplus to support additional affordable and workforce housing construction and expand skilled workforce training. 2. Improve Disaster Preparedness, Recovery and Climate Resiliency. • Provide resources to cities and expand partnerships to better prepare for and recover from wildfires, seismic events, erosion, mudslides and other disasters. • Improve community preparedness and resiliency to respond to climate-related, natural and man-made disasters.

Cities are focusing on improving resiliency to disasters of all types.

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• Work collaboratively to achieve meaningful options and flexibility for cities to address these challenges in order to stabilize local budgets and ensure sufficient funding remains available to provide services to communities. 4. Address Public Safety Concerns of California Cities. • Reform recently enacted criminal justice laws — enacted by both statute and initiative that have eroded public safety protections of California residents — through the passage of the California Police Chiefs Association and California Grocer Association-sponsored criminal justice reform measure that is eligible for the November 2020 state ballot or by equivalent reforms achieved through legislative action.

• Support additional tools and resources to address critical community challenges such as homelessness, mental health, domestic violence, drug rehabilitation, human trafficking and workforce development for exoffender re-entry. My sincere thanks to all who participated in the goal-setting process. In the weeks and months to come, we will all have opportunities to help achieve these goals — by participating in the League’s advocacy activities and making our voices heard. Mark your calendars now to attend Legislative Action Day on April 24, 2019, in Sacramento. I urge you to join us in our ongoing efforts to build a better future for our residents and our cities. To learn more, visit www.cacities.org/PolicyAdvocacy/Legislative-Resources. ■

Western City, February 2019

Resources for

Newly Elected Officials Cities throughout California welcomed new mayors and council members in January. While assuming a leadership role is exciting, it’s not always easy. Today’s local elected leaders face many challenges. From their first day in office onward, they must balance multiple competing priorities with limited resources. And because cities provide a broad array of essential services to their communities, serving on the city council requires a basic understanding of diverse city operations and issues such as land use and planning, community services, public safety, disaster response and personnel. To make this transition easier, the Institute for Local Government (ILG) offers a variety of materials (available at www.ca-ilg.org/leadership) to help newly elected local officials and their staff get up to speed quickly on key topics. Local officials and staff interested in learning about city governance issues can take advantage of ILG’s articles, videos and other resources on: • Budgeting and finance; • Leadership skills; • Making decisions; • Engaging the public; • Media relations;

Management Association (Cal-ICMA), has compiled tips and materials to help elected officials navigate these relationships and duties. These include resources on council-city manager relations and Cal-ICMA’s report on Challenges and Strategies: Maximizing Success for City and County Managers in California. In addition, ILG has identified the attributes of highly functioning, exceptional city councils. These characteristics include: • Developing a sense of team and a partnership with the city manager to govern and manage the city; • Creating clear roles and responsibilities that are understood and adhered to;

• Working with staff;

• Honoring the relationship with staff and each other;

• Dealing with adverse events;

• Conducting effective meetings;

• Land use and planning;

• Holding themselves and the city accountable; and

• Responsibilities and powers; • Public trust and transparency; and • Personnel, labor relations and pensions.

Tips for Effective Governing Governing with colleagues on a council is a challenging part of public service. Many aspects of leadership and governance are not intuitive. ILG, in conjunction with the League and the California chapter of the International City/County

• Practicing continuous personal learning and development. For additional information and tips related to these practices, visit www.ca-ilg. org/effectivegovernance.

Public Trust and Transparency In California, state and federal laws create a complex set of requirements and laws that guide elected officials and agency staff in their service to their communities.

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

League of California Cities

by Melissa Kuehne

ILG offers a number of resources (available at www.ca-ilg.org/ethics) to help newly elected officials understand these laws and requirements, including: • Training and self-test options to help comply with California’s legal requirement that local officials receive training on public service ethics laws and principles; • Information about transparency, fair processes, consequences, federal ethics laws and regulations related to personal gain, gifts and other perks in ILG’s publication Understanding the Basics of Public Service Ethics Laws; and • A Good Governance Checklist to help local officials and staff identify practices they can implement to promote public trust and confidence and minimize the risk of missteps that can undermine that trust. This checklist includes options for exceeding the current minimum legal requirements for elected officials.

Orientation Materials for Newly Elected Officials Are you a staffer seeking to help newly elected officials? In addition to your agency’s own materials (such as policies, calendars and staff rosters), ILG resources can help officials understand and fulfill their leadership role. Learn more at www.ca-ilg.org/orientation materials. ■

Resources for New Planning Commissioners Don’t miss the Planning Commissioners’ Academy, March 6–8 in Long Beach — a great opportunity for new (and returning) planning commissioners to network and gain skills related to planning basics, land use, permitting and more. In addition, ILG will conduct state-mandated training on AB 1234 (ethics) and AB 1661 (harassment prevention) on Wednesday, March 6, at 10 a.m. Learn more at www.cacities.org/EducationEvents/Planning-Commissioners-Academy.

Desalination’s Potential for California’s

Water Supply by Kim Danko California’s water supply presents a long-standing challenge. For decades, cities, counties and regions throughout the state have grappled with issues related to water rights and usage priorities. As the state’s population continues to grow, so does the intensity of the debate. As a result of California’s outdated water infrastructure and persistent droughts, some elected leaders are shifting the focus to investing in seawater desalination to help address the state’s water crisis. While less than half a dozen desalination plants currently exist in the state, the idea is gaining momentum and greater support at the state level.

The Largest Seawater Desalination Plant in the Nation The largest seawater desalination plant in the United States is located in the City of Carlsbad. The city pursued the plant’s implementation in 1998 to ensure a secure water source for San Diego County. Previously, 85 percent of the county’s water was imported through a very long pipeline. Although the City of Carlsbad was closely involved in helping get the project off the ground, it is not a city-owned project. The privately owned plant delivers nearly 50 million gallons daily (56,000 acre-feet annually) to the San Diego County Water Authority through a water purchase agreement. The San Diego County Water Authority adds the desalinated water to its water supply mix and distributes the water to businesses and residents throughout the region. The desalinated water currently costs more than the imported water supply; however, officials say that because imported supplies are limited and increasingly expensive, the cost of desalinated water will soon be comparable to the cost of imported supplies — and may eventually be less costly. “The Carlsbad desalination plant is a pioneering facility that illustrates the value of investments in supply reliability coupled with investments in water-use efficiency,” says Sandy Kerl, deputy general manager of the San Diego County Water Authority. “The plant resulted from an innovative public-private partnership that decreased our region’s dependence on imported water from the San Francisco Bay-Delta and elsewhere with a local, high quality and droughtresilient resource.”

The desalination plant in Carlsbad provides water that supplements the supply for the San Diego County region.

Expanding Water Options in Santa Barbara The City of Santa Barbara owns a desalination plant that pumps out 3 million gallons per day (3,125 acre-feet per year), about 30 percent of the city’s water needs. The city constructed the facility in 1991 but put it on a long-term hold just a year later due to abundant rainfall and because the need did not outweigh the operating cost. In 2015, the city council voted unanimously to reactivate the plant in response to California’s historic drought. The upgrade and reactivation cost the city $72 million. The city financed it through a low-interest state revolving fund loan and a $10 million grant.

No Seawater Required Both the Carlsbad and Santa Barbara desalination plants process seawater for their supply, but now the state is supporting noncoastal cities’ efforts for desalination plants. In recent years, state water officials have approved $34 million in grants for eight desalination projects. The money comes from Proposition 1, a water bond passed by state voters in November 2014. Only one of these projects depends on a supply of ocean water. Others are for brackish desalination, which utilizes salty water from a river, bay or underground aquifer. Although brackish desalination may provide an opportunity for noncoastal cities to create localized, reliable supplies in the future, many water officials say that conservation is still the best option in California’s toolbox.

Additional Resources City officials interested in learning more may wish to consult the Institute for Local Government’s Sustainability Best Practices Framework (at www.ca-ilg.org/sustainabilitybestpractices), which outlines policies and practices cities can implement to conserve water and improve wastewater systems. ■

Kim Danko is a program coordinator for the Institute for Local Government and can be reached at kdanko@ca-ilg.org.

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Western City, February 2019

California's Public Trust Doctrine Draws Attention in the Courts by Christian Marsh

The common law public trust doctrine in California has long played an important role in protecting navigable waters and waterfronts for the purposes of public use and enjoyment, such as commerce, navigation, fisheries, recreation and preservation. Cities periodically encounter the doctrine when:

In 1983, the California Supreme Court extended the doctrine substantially in the case of National Audubon v. Superior Court, applying it for the first time to potentially limit water diversions by the City of Los Angeles from streams flowing into Mono Lake.

• Administering tideland grants;

In the 30 years following the National Audubon decision, environmental advocates were largely unsuccessful in using public trust litigation to reshape environmental policies in any significant manner. During the past decade, however, California has experienced a surge in the

• Maintaining or operating ports and harbors; and • Approving or proposing projects along coastal or bay waterfronts.

volume of public trust cases and recent court decisions, infusing the doctrine and its reach with renewed vigor. These recent decisions culminated in a ruling from the California Court of Appeal for the Third Appellate District in summer 2018 in Environmental Law Foundation v. State Water Resources Control Board (referred to as ELF). The ruling extends the public trust to a county’s administration of groundwater hydrologically connected to downstream waterways. Because of ELF and other rulings, cities should pay closer heed to the multitude of ways the

Christian Marsh is a partner in the law firm of Downey Brand LLP and can be reached at cmarsh@DowneyBrand.com.

League of California Cities

www.cacities.org

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.

public trust doctrine is being asserted to challenge land-use entitlements, public infrastructure, and surface, groundwater and reclaimed water supplies that allegedly threaten public trust uses or values.

The History of the Public Trust Doctrine Modern interpretations of the public trust are said to have originated from a sixth-century Roman law that asserted, “[b]y the law of nature these things are common to mankind — the air, running water, the sea and consequently the shores

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of the sea.” Although the public trust is a feature of state — not federal — law, the U.S. Supreme Court advanced the doctrine in Illinois Central Railroad Co. v. Illinois. The Illinois Legislature had granted more than 1,000 acres of submerged land in Lake Michigan to the railroad for development of the Chicago waterfront. Relying on the public trust, the Supreme Court promptly revoked the grant, holding that Illinois’ ownership of Lake Michigan “is a title held in trust for the people of the state that they may enjoy the navigation of the waters, carry on

commerce over them, and have liberty of fishing therein freed from the obstruction or interferences of private parties.” The public trust doctrine in California derives from the state’s role as trustee over tidelands, submerged land and land underlying inland navigable waters, which the state and its grantees (including cities) hold for public trust purposes. Such trust purposes were traditionally confined to navigation, commerce and fisheries,

continued

Western City, February 2019

California’s Public Trust Doctrine Draws Attention in the Courts, continued

California courts are applying much greater scrutiny and skepticism toward public agency actions that threaten public trust resources and values.

but later extended to include recreation and preservation of trust lands in their natural state. In the land-use context, the doctrine often arises when: • Questions are raised about the extent of trust land at a site or allowable land uses for land subject to the public trust; or • The state has entered into a boundary line or exchange agreement to resolve trust boundary issues. In its landmark 1983 decision, the California Supreme Court in National Audubon Society v. Superior Court applied the public trust to limit the appropriation of water from navigable streams and nonnavigable tributaries. Specifically,

the court held that “[t]he state has an affirmative duty to take the public trust into account in the planning and allocation of water resources.” The State Water Resources Control Board (SWRCB), the state agency in charge of administering water rights in California, may allocate water resources within its discretion and “despite foreseeable harm to public trust uses” but only as long as it “considers” public trust resources and “preserves” those resources to the extent “feasible.” In 2003, however, the California Court of Appeal for the Sixth Appellate District in Santa Teresa Citizen Action Group v. City of San Jose declined to extend National Audubon, holding that the doctrine “has no direct application to groundwater.”

Public Trust Doctrine Applied to Groundwater: A Harbinger of Rulings to Come? Fifteen years after Santa Teresa, the Third Appellate District reached a different conclusion on Aug. 29, 2018, in ELF. The environmental plaintiffs in ELF brought an action against Siskiyou County and SWRCB to limit permits for new groundwater wells near the Scott River. They complained that the groundwater was “hydrologically connected” to the Scott River and that pumping was in part responsible for decreased surface flows. Those decreased flows, they alleged, had injured fish populations and rendered the river less suitable for recreation. continued on page 17

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Courtroom Clashes Seek to Elevate

Rights Over Telecom Company Profits City and Citizens’

by Alison Leary Technology has forever changed the world in which cities function. Cities rely on technology daily to operate efficiently, deliver basic services, introduce improvements to their communities and keep residents informed. However, the rapid expansion of technology — by any means necessary — is not without drawbacks. As cities seek to address those drawbacks through regulation, the industries driving technological advancements are pushing back in increasingly aggressive ways. Two recent examples offer evidence of this trend: 1. The effort to pre-empt local control over the deployment of fifth-generation (5G) wireless broadband; and 2. The effort to abolish net neutrality. These examples also illustrate how the telecommunications industry has pitted local, state and federal regulators against one another, resulting in what will likely be long court battles over the constitutional authority of the Federal Communications Commission (FCC). In addition, the telecom industry often views local communities as impeding the rollout of new technology in ways that maximize corporate profits.

The Reality of Small Cells: A Not-So-Small Power Grab While 5G is expected to deliver wireless data much faster and to millions more devices than previous generations

of broadband, the role of small cells in 5G deployment is often oversold by an industry racing for market share. In reality, the data and population demands on today’s 4G networks have exceeded 4G’s current capacity in urban communities nationwide. To meet these demands, a dense network of “small cells” located close together must be deployed in heavily populated urban communities. To accelerate the deployment of small cells to meet today’s cellular demands and reduce the cost of doing so, for the past several years the telecom industry has sought to pass laws — in Congress and in state legislatures nationwide — that would pre-empt local authority over the deployment of wireless facilities. In 2017, the League successfully opposed such legislation in California. SB 649 by Sen. Ben Hueso (D-San Diego) would have given wireless providers the unfettered ability to install bulky cellular equipment in the public right of way without permission from cities and counties, input from the public or fair compensation for the use of local taxpayer assets. Although SB 649 passed in the California Senate and Assembly, just before midnight on Oct. 15, 2017, then-Gov. Jerry Brown announced he had vetoed SB 649. In his veto message, Gov. Brown said, “There is something of real value in having a process that results in extending this innovative technology rapidly and efficiently. Nevertheless, I believe that the continued on page 26

Alison Leary is deputy general counsel for the League and can be reached at aleary@cacities.org.

Western City, February 2019

Porterville Provides Clean,

Neighborsâ&#x20AC;&#x2122;

League of California Cities

Sustainable Water After

Wells The historic California drought that spanned most of the past decade severely affected the Central Valley, where the unincorporated community of East Porterville in Tulare County served as the poster child for the drought’s catastrophic conditions and impact. Located adjacent to the City of Porterville (pop. 60,798), East Porterville comprises an area of roughly three square miles with approximately 7,500 residents. The area’s

Fail

population is 67 percent Hispanic, 30 percent Caucasian and 3 percent other ethnicities. The community consists almost exclusively of about 1,200 residential properties and more than 1,600 households. East Porterville is one of the state’s most disadvantaged communities. Porterville, which has similar demographics, provides key services and amenities for its unincorporated neighbor.

The Porterville Area Coordinating Council (PACC), a local nonprofit organization, also began receiving inquiries from East Porterville residents for assistance. The City of Porterville and PACC have a long-established collaborative relationship focused on addressing the needs of local residents. The nonprofit coordinated with the city to provide temporary assistance to the affected households until a permanent solution could be developed.

Dry Wells Spur a Crisis

With the assistance of many generous donations, PACC provided bottled water for cooking and drinking needs. PACC also secured donations from local dairies of 300-gallon plastic containers that formerly contained food-grade soap. After being thoroughly cleaned, the containers could be used to store water on-site at the affected households for bathing, flushing toilets and washing clothes. During summer 2014, the city provided the source water for the temporary tanks, and its employees and water-tank trucks delivered water directly to affected homes twice each month to help residents meet

The source of water for homes in East Porterville was supplied almost entirely by private, shallow wells that relied on the Tule River. In late spring 2014, East Porterville residents’ wells began to run dry. These residents started attending Porterville City Council meetings to ask the city about the possibility of extending its water distribution system to their area. They had previously contacted Tulare County for assistance and were advised to have a well-driller deepen their wells. Those who could afford it did so, but in this extremely disadvantaged community, the estimated expense of $15,000 per well was not an option for most residents.

continued

The City of Porterville won the Award for Excellence in the Planning and Environmental Quality category of the 2018 Helen Putnam Award for Excellence program. For more about the award program, visit www.helenputnam.org.

Western City, February 2019

Porterville Provides Clean, Sustainable Water After Neighbors’ Wells Fail, continued

their hygienic needs. However, this approach served only as a temporary stopgap measure. As drought conditions continued and more private wells failed, an increasing number of East Porterville residents sought assistance from the city and PACC. Some residents vacated their longtime family homes. By fall 2014, the city and PACC were serving more than 50 residences. At that point, the county established a filling station at its area fire station by connecting to a city fire hydrant to help residents keep their temporary water tanks filled.

Seeking Assistance From the State In February 2015, representatives and residents testified before the state Assembly’s Committee on Environmental Safety and Toxic Materials about East Porterville’s worsening conditions, which they described as a slow-moving disaster.

League of California Cities

The city’s representatives advocated for the state to help extend the city’s water distribution system and provide additional source water capacity and increased storage to sustainably serve the residents after the service was connected. As summer 2015 approached, the state and media outlets took note of the conditions in East Porterville. The state began working with the city and county to develop an emergency plan for the area, and its Office of Emergency Services installed mobile shower trailers connected to the city’s water system to give residents access to personal hygiene facilities. Building on the existing residential tank program and working through the county, the state started installing larger 2,500-gallon tanks that would be connected to residences and filled weekly by contracted water haulers, in addition to providing regular bottled drinking water service.

The cost of the temporary household tank program and bottled water delivery grew to over $650,000 per month. Seeking a sustainable solution to the lack of residential water in East Porterville, the state launched discussions with the city to develop the East Porterville Water Supply Project, which would implement a project similar to the one requested by the city. The project would extend the city’s water distribution system, develop new water sources and provide pumping equipment and storage facilities. “The City of Porterville’s initial approach to the East Porterville Water Supply Project, from a Public Works Department perspective, was cautious,” says Porterville Public Works Director Michael K. Reed.“The concept of integrating the unincorporated area of East Porterville with the City of Porterville raised several concerns, both operationally and in terms of meeting the essential needs of the citizens of Porterville while expanding the system to serve an additional population of

about 7,500 people. The mutual understanding and considerations of the water boards, Department of Water Resources, Tulare County and the City of Porterville in addressing this humanitarian effort created a smooth transition in implementing the needed infrastructure — and eased the city’s concerns.”

Working Out the Details Representatives from the state, county and city initiated meetings in fall 2015 to focus on formulating the project and developing a feasibility study. While state officials and consultants prepared the feasibility study, city staff worked on a detailed land-use survey of the unincorporated area. This survey identified the number and type of structures present in the area because many homes predated the county’s building permit records and numerous parcels contained multiple houses. The land-use survey provided critical data about the volume of water necessary to serve the area.

By spring 2016, two distinct phases were underway. Phase I would be expedited to permanently connect the estimated 500 residential properties and over 3,000 affected residents without water to the city’s water system as soon as possible. Phase II would involve planning and implementing the infrastructure to support the future connection of the remaining 700 residential properties and 4,500 residents who would very likely experience either well failure or degraded water quality due to elevated nitrates and other contaminants.

Educating and Preparing the Community Public outreach was essential to the success of resident participation in the project, and the nonprofit organizations Community Services Employment Training (CSET), Community Water Center and PACC helped educate residents in the project area by distributing materials, assisting with informational public meetings and conducting numerous door-to-door surveys.

Connecting to the water system required residents to sign legal documents, and each property owner interested in participating was required to execute an Extraterritorial Service Agreement with the city. The Local Agency Formation Commission (LAFCO) policies required this documentation, which also provides a mechanism for the city to set conditions for future annexation when it becomes appropriate. Property owners were advised that activities such as subdividing land would prompt annexation, but that the city was not at that time in a position to annex East Porterville because its large existing population would need police and fire services. Porterville Community Development Manager Julie Phillips says, “It was surprising that people were willing to risk keeping a contaminated well or take on the cost of drilling a deeper well to avoid the possibility of future annexation.” When staff asked residents why they were so opposed to annexation, a recurring continued

East Porterville residents speak to media representatives after the new water supply is connected to their home; extensive outreach educates the community about the process for participating in the program; and construction commences on the new pipeline.

left to right

Porterville Provides Clean, Sustainable Water After Neighbors’ Wells Fail, continued

theme emerged. A few individuals were spreading a misperception that residents’ property taxes would increase — or even double — for parcels within the city limits. In addition to the Extraterritorial Service Agreements, each property established a city utility account. To accommodate the scheduling needs of residents, documentsigning meetings were scheduled during the days and evenings both on weekdays and weekends.

Collaborative Effort Connects Homes to City Water Supply In summer 2016, the city agreed to help immediately connect 70 residences that were located near existing water mains. With the state’s support, the city enlisted the nonprofit job training and placement organizations CSET and Proteus to help with the connections. CSET constructed the lateral connection from the water main, Proteus provided the plumbing from the residence to the meter box and

the city completed the connection by installing the meter service. In addition, construction began on a new well and its associated infrastructure. In fall 2016, under the state’s authority and the city’s review for system consistency, construction started on approximately 15 miles of water mains.

Successful Project Offers a Model The project was completed in January 2018. At that time, the new well was operational, 92 percent of the 332 residences eligible for emergency connection in Phase I were connected and 59 percent of the 765 residences eligible under Phase II were connected — a total of 755 permanent connections. The East Porterville Water Supply Project has been a tremendous success and warmly received by the affected residents. It offers a model for helping to meet the clean and sustainable drinking water

needs of disadvantaged communities throughout the state. Funded through both Drought Emergency and Proposition 1 funds based on the community’s severely disadvantaged designation, the project required 10 governmental agencies and nonprofit organizations to collaborate. The Porterville City Council was compelled to assist in the effort because its sense of community extends beyond the city limits. “The East Porterville Water Supply Project ultimately benefits the City of Porterville, because the residents of this unincorporated, predominantly residential area will be annexed into the city in time,” says Porterville City Manager John Lollis. “So we’re helping our future as one of the most disadvantaged areas in the state, advancing the area’s infrastructure indirectly benefits the city by improving property values and the overall quality of life.” Contact: Michael Reed, public works director, City of Porterville; phone: (559) 782-7462; email: mreed@ci.porterville.ca.us. ■

Workers connect the newly constructed well. League of California Cities

California’s Public Trust Doctrine Draws Attention in the Courts, continued from page 10

The public trust doctrine in California derives from the state's role as trustee over tidelands, submerged land and land underlying inland navigable waters.

The plaintiffs sought a declaration that the public trust doctrine applies to groundwater hydrologically connected to navigable waters and that the county had a duty to consider the trust in administering its well ordinance. The Third Appellate District agreed with the plaintiffs and issued three important holdings. First, the court held that the doctrine applies to the extraction of groundwater where it adversely impacts the Scott River, a navigable waterway. Taking care to distinguish Santa Teresa, the court emphasized that the issue in ELF “is not about protecting public trust uses in groundwater, but about protecting the public trust uses of the Scott River that are at risk of being impaired due to groundwater pumping of contributory flows.”

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Second, the court disregarded the county’s argument that public trust duties of the Legislature cannot be imposed without express delegation. According to the court: A county is a legal subdivision of the state and references to the “state” may include counties. ... Although the state as sovereign is primarily responsible for administration of the trust, the county, as a subdivision of the state, shares responsibility for administering the public trust and “may not approve of destructive activities without giving due regard to the preservation of those resources.” Third, the court rejected the county’s argument that the recently enacted Sustainable Groundwater Management Act — the state’s overarching regulatory framework for ensuring sustainability of groundwater

use — has fulfilled any common law duties to administer the trust. As with other recent rulings, California courts are applying much greater scrutiny and skepticism toward public agency actions that threaten public trust resources and values.

Conclusion ELF and the series of recent rulings on the public trust doctrine mark the most significant extensions of the doctrine in decades and have opened the door to a new frontier for public trust litigation in California. Given the broad and equitable nature of the doctrine and the ability of third parties to file an action at any time, the courts will likely be asked again and again to evaluate activities by cities or other agencies that may harm public trust uses and values. ■

Western City, February 2019

Truckee’’s Mini Mousehole

Improves Pedestrian The Town of Truckee had a growing problem in the years leading up to 2016. Pedestrians and bicyclists traveling along State Route (SR) 89, the most heavily used highway between Interstate 80 and Lake Tahoe, had to share a narrow road crossing under railroad tracks with cars and trucks. The 24-foot-wide concrete tunnel under the Union Pacific Railroad was built in 1928, and it has no shoulders, bike or pedestrian facilities. Each day, up to 20,000 vehicles pass through

the tunnel, which local residents call “the Mousehole.” To address these safety challenges, Truckee — in partnership with Caltrans, Union Pacific Railroad and the Nevada County Transportation Commission — designed and constructed a 12-foot-wide bicycle and pedestrian tunnel next to the SR 89 roadway. Located in the Sierra Nevada just west of the Nevada state line along Interstate 80

and the Union Pacific railway, Truckee was established in the 1860s but did not incorporate until 1993. The town’s population of approximately 16,681 swells to nearly 40,000 on peak holiday weekends. Truckee encompasses an expansive and diverse mountain landscape comprising nearly 34 square miles, ranging in elevation from 5,500 feet at the town’s eastern boundary to 7,500 feet in the northwest corner — and includes over a dozen miles of the Truckee River and 158 miles of roadway.

The Town of Truckee won the Award for Excellence in the Public Works, Infrastructure and Transportation category of the 2018 Helen Putnam Award for Excellence program. For more about the award program, visit www.helenputnam.org.

League of California Cities

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Before the new Mini Mousehole tunnel was built, people needing to cross under the railroad tracks to reach stores, schools and work had to use a dangerous, narrow shoulder to share the roadway tunnel with cars and trucks.

and Bicycle Safety A robust and burgeoning biking and walking community calls the area home. Many nearby residents use the route through the Mousehole on a daily basis to walk to local businesses, grocery stores and schools. Construction of the new tunnel, nicknamed the “Mini Mousehole,” would give pedestrians and bicyclists a safe place to cross under the railroad away from traffic. The project included a new transit shelter and created a critical linkage with local and regional trail connections between Truckee and nearby Lake Tahoe. The design took the tunnel’s aesthetics into account. The arch mimics the look of the larger tunnel, but the rock treatwww.westerncity.com

ment on the wing walls gives the Mini Mousehole its own unique look.

Construction Challenges and Practical Considerations Coordinating among federal, state and regional agencies and local and private partners wasn’t the only challenge facing the Mini Mousehole project. The need to minimize disruptions for rail traffic and vehicles on SR 89 presented another constraint. The project relied on a unique combination of construction methods to install the tunnel under the railroad tracks while maintaining typical daily rail traffic of 25 freight and two Amtrak

trains. The construction process also required daily monitoring to check the rail tracks for potential settling of as little as a quarter of an inch. The project used ground freezing to shore the embankment and horizontal jackand-bore methods to push the tunnel through the partially frozen embankment. Ground freezing is a construction technique used to stabilize soil so it will not collapse adjacent to excavations. Pipes are placed through the soil, and refrigerants are run through the pipes to freeze the soil. Frozen soil can be as hard as concrete. The Mini Mousehole project continued Western City, February 2019

Truckee’s Mini Mousehole Improves Pedestrian and Bicycle Safety, continued

required approximately one month to install the freeze pipes and one month to freeze the soil. “The combination of ground-freezing and jack-and-bore construction methods on this scale under an active transcontinental rail line made for an exciting construction process,” says Truckee Public Works Director Dan Wilkins. “It was suspenseful as it was occurring — and a relief when it was successfully completed.”

STRONG Partnerships Drive THE Project’s Success The success of the project depended on strong partnerships among the Town of

Truckee, Caltrans, the transportation commission, Union Pacific Railroad, Placer County and others. During the project’s development, a committee composed of representatives from local and regional businesses, government agencies and environmental groups educated key stakeholders and provided input to the Truckee Town Council and staff. “The project was the result of nearly two decades of hard work and persistence by the project partners,” says Becky Bucar, engineering manager for the Town of Truckee. “Numerous alternatives were considered, ranging from replacing the 1929 tunnel with a four-lane roadway

clockwise from top left The Town

to making modest signal and lighting improvements.” These efforts resulted in a $12.68 million improvement. The Mini Mousehole benefited from multiple funding sources because it serves a significant interregional function on the state highway system, located beneath the transcontinental railroad and on the border of two counties. Federal funding provided $4.45 million, state funding for the project totaled $7.56 million and $670,000 came from local traffic impact fees.

of Truckee celebrates the opening of the tunnel; freeze pipes are installed to stabilize the area; and construction commences.

League of California Cities

continued on page 25

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

Public Works/City Engineer The Heart of the South Bay, City of Lawndale, is seeking a Director of Public Works/ City Engineer to oversee its professional and skilled department operations. The City is looking for a strong leader with integrity and a commitment to providing modeled municipal services.

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 Savannah Cobbs, Western City administrative assistant; email: scobbs@ cacities.org; phone: (916) 658-8223.

NOW OFFERING

Bachelor’s degree in civil engineering or related field AND six (6) years of experience managing diverse public works operations. Master’s degree preferred. A valid registration as a Professional Engineer and Land Surveyor is highly desirable.

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Salary range up to $144,528, supplemented by an attractive benefit package. Visit the City’s website at: www.lawndalecity.org for detailed recruitment brochure.

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Administrative and Office Assistants Call Us Today: 1-866-406-MUNI (6864) www.munitemps.com TOWN OF

Mammoth Lakes Looking for a rewarding career that allows you to live, work, and play in a pristine mountain community? Come and join a team of dedicated professionals in Mammoth Lakes! Senior Planner/Housing Coordinator ($77,737 – $104,176) Senior Planner ($77,737 – $104,176) Associate Civil Engineer ($69,676 – $93,373) Assistant Engineer ($56,322 – $79,251) Salary supplemented with a competitive benefits package including CalPERS, 100% employer-paid health insurance, vision/ dental reimbursement, comprehensive leave starting at five weeks per year, 80 hours paid administrative leave, and 12 paid municipal holidays. For more information, visit www. townofmammothlakes.ca.gov. Application deadline: February 25, 2019.

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Assistant City Manager City of Ventura, CA

ocated in California’s Gold Coast region just north of Los Angeles County, the full-service City of Ventura (pop. 111,269) is considered one of the most livable and desirable communities in the nation. With a phenomenal climate and spectacular coastline, the community has been referred to as “the off-ramp to paradise”. The City of Ventura is supported by approximately 600 staff and a FY2018-19 General Fund budget of $118.5 million ($306.5 million total budget) and $75 million CIP. The Assistant City Manager will oversee the Community Development, Public Works and Water (Ventura Water) Departments. The ideal candidate will be a high energy and action-oriented leader who excels in a dynamic environment. He/she will be knowledgeable regarding all aspects of local government and offer impressive depth in community development, public works and/or water utilities. Familiarity with effective capital project management practices will be considered favorably. A minimum of five years of increasingly responsible local government management experience and a bachelor’s degree is required. A master’s degree is preferred. Salary up to $206,604; salary supplemented by an attractive benefits package. Please visit www.tbcrecruiting.com for detailed information. Teri Black • 424.296.3111 Bob McFall • 818.429.4699

Western City, February 2019

Current & Upcoming Opportunities Jurupa Community Services District, CA – General Manager

The Jurupa Community Services District is a California Special District formed in 1956 responsible for providing water, wastewater, sewer, street lights, and graffiti abatement services for over 128,000 people. The District is currently seeking candidates for the General Manager position. The ideal candidate will possess strong leadership skills, integrity, and vision to provide direction and mentorship for the staff of the District. Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary for acceptable job performance is qualifying. The typical candidate will possess a Bachelor’s degree from an accredited four-year college or university with major coursework in business administration, civil engineering, utility management, or a closely related field. At least ten (10) years of progressively responsible executive or management experience in the operation and maintenance of a large, complex public utility or municipality is required, including substantial experience in water production and distribution and wastewater collection, treatment, and disposal and/or reclamation. An appropriate advanced degree and experience in working with an elected board or commission are desirable. The annual salary for the General Manager is determined by the Board of Directors and is dependent upon qualifications and experience. Contact Gary Phillips at (916) 784-9080, should you have any questions. Filing deadline: February 15, 2019

City of Menifee, CA – Chief of Police

The City of Menifee, a vibrant, award-winning new community of over 90,000 residents, is seeking a highly qualified, enthusiastic candidate to fill its Chief of Police position. The ideal candidate will be an excellent communicator and collaborator with a strong orientation towards community policing. At a minimum, candidates must possess twelve (12) years of increasingly responsible law enforcement experience including at least four (4) years at the rank of Lieutenant or above with management and administrative responsibility in a comprehensive law enforcement program supplemented by a Bachelor’s degree from an accredited college or university with major course work in criminal justice, police science, business administration, public administration, or a related field. FBI National Academy, POST Command College, and/or a Master’s degree are highly desirable. Candidates must possess a P.O.S.T. Management Certificate or the ability to obtain one within one (1) year of appointment, and an appropriate, valid driver’s license. The compensation package for the Menifee Chief of Police position is $13,873 – $17,802 monthly, dependent upon qualifications; additional incentives for highly qualified candidates may be considered. Contact Joel Bryden at (916) 784-9080 with any questions. Filing deadline: February 8, 2019

City of Rancho Palos Verdes, CA – Building Official

The City of Rancho Palos Verdes (estimated population 43,000), commonly known as “RPV,” is an affluent suburb located on a coastal peninsula overlooking the Pacific Ocean and Catalina Island in Los Angeles County, California. The City is currently seeking a Building Official. At a minimum, candidates must possess a Bachelor’s degree from accredited college or university with major coursework in building trades, construction management, community development, engineering, architecture, or related field; at least five (5) years increasingly responsible management/ administrative experience as a Building Official or in plan checking/enforcement of building codes with a public agency, including two (2) years of project management/supervisory experience. State of California environmental and local zoning code enforcement experience is desirable. Also required are possession of, or ability to obtain a Valid California Driver’s License by the time of appointment; ICC Building Official certification; ICC Building or Combination Inspector; and Plan Examiner certification. In addition to a strong technical background, the ideal candidate for Building Official is one who leads by example and supports the staff and the organization. The annual salary range for the incoming Building Official is $92,877 – $157,262, DOQ. Contact Joel Bryden at (916) 784-9080, should you have any questions. Filing deadline: February 22, 2019

Proud sponsors of the League of California Cities 2019 City Managers Conference! Join us in San Diego, February 13–15

City of Roseville, CA – Assistant City Manager

The City of Roseville, CA (approximate population 135,000) is a dynamic, pioneering city that embraces the future while treasuring its more than 100-year history. Located 25 minutes from California’s capital, at the base of the Sierra Nevada foothills, Roseville is the largest city in Placer County. The City is currently seeking a proven leader and experienced professional to serve as its Assistant City Manager. The ideal candidate will have a passion for delivering high-quality services, strengthening community connections, and leading by example. At a minimum, candidates must possess a bachelor’s degree from an accredited college or university with major course work in business, public administration, finance, or a closely related field, and have eight (8) years of increasingly responsible experience in municipal services, including five (5) years of administrative and management responsibility. Possession of a valid California Driver’s License upon hire is required. The annual salary for the incoming Assistant City Manager is $157,171.04 – $210,624.33; placement within this range is dependent upon qualifications and experience. Contact Ms. Valerie Phillips at (916) 784-9080, should you have any questions. Filing deadline: February 20, 2019

Santa Clara County Central Fire Protection District, CA Hazardous Materials Assistant Fire Marshal

Established in 1947, the Santa Clara County Central Fire Protection District (dba: Santa Clara County Fire Department) is a dependent special district that provides fire services to a portion of Santa Clara County, California including the communities of Campbell, Cupertino, Los Altos, Los Altos Hills, Los Gatos, Monte Sereno, and Saratoga. The Department is seeking a Hazardous Materials Assistant Fire Marshal to oversee the day-to-day administration of the hazardous materials and fire investigation programs and personnel. The incoming Hazardous Materials Assistant Fire Marshal should demonstrate technical expertise in all aspects of hazardous materials, inspections, including hazardous materials compliance plans, specifically underground and aboveground storage facility installations, modifications, and closures; and in fire investigation. The Hazardous Materials Assistant Fire Marshal must be capable of communicating professionally and maintaining effective working relationships with both individuals and groups contacted in the course of work. The Department will benefit from a candidate with the ability to effectively plan, lead, direct, supervise, and evaluate the activities of hazardous materials personnel and on-call fire investigators. See website for minimum qualifications. Contact Regan Williams at (916) 784-9080, should you have any questions. Filing deadline: February 22, 2019

City of Cotati, CA Community Development Director

Mountain House Community Services District, CA General Manager

Spokane Valley Fire Department, WA Community Affairs Manager

City of El Segundo, CA City Manager

City of Pico Rivera, CA City Manager

Sweetwater Authority, CA Director of Water Quality

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

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Parks & Recreation Director City of Santa Paula

Director of Water

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General Manager Indio Water Authority/ City of Indio

City of Long Beach – Cyber Risk Officer Customer Service Officer Business Information Services Bureau Manager City of Tulare – City Manager City of Los Altos – Engineering Services Director City of San Bernardino – Finance Director and Assistant Finance Director

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West Contra Costa Integrated Waste Management Authority/Recycle More – Executive Director Please check our website at http://www.averyassoc.net for formal position announcements.

Assistant City Manager City of Napa, CA

apa is renowned as the seat of California’s premier winemaking region and is the vibrant hub of the idyllic Napa Valley. Serving a population of 80,000, the City is also recognized for its residential quality of life, hospitality, fine food, and luxury hotels. The Assistant City Manager’s role will include overseeing specific departments and functions as well as encompass responsibility for special projects and initiatives as needed. The ideal candidate will be a generalist who is well-versed in all aspects of local government. He/she will be an exceptional communicator and relationship builder who also offers the proven ability to create environments where people are empowered to do exceptional work. Previous experience serving in a second-in-command role reporting to a City Manager/Administrator or County Executive/ Administrative Officer is desirable. Breadth in local government will be considered favorably. Six years of increasingly responsible experience in public administration, including four years of experience in a management or supervisory role, and a bachelor’s degree are required. Salary range up to $206,000; salary supplemented by a competitive benefits package. Closing date: Sunday, February 24, 2019. For detailed brochure and to apply online, visit www.tbcrecruiting.com. Teri Black • 424.296.3111 Bradley Wardle • 650.450.3299

Photo/Art Credits

tel. 424.296.3111

League of California Cities

Cover: Carlos Marques/Shutterstock.com Page 3: Hand graphic, Juanlijones; crossroads graphic, Exxorian Page 4: Photo, Rodeno Page 5: Top, Dutcher Aerials; bottom, Slobo Page 6: Graphic, Lushik Page 7: Courtesy of the City of Carlsbad Page 8–9: MichaelSvoboda Page 9: WildLivingArts Page 10: Top, CampPhoto; bottom, MundusImages Page 11: Alengo

Pages 12–13: Carlos Marques/Shutterstock.com Pages 14–15: Courtesy of the City of Porterville Page 17: CampPhoto Pages 18–19, 20, 25: Courtesy of the Town of Truckee Page 27: Majorosl Page 30: LeoPatrizi Page 33: Jude Hudson Lemons, Hudson+Associates

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Truckee’s Mini Mousehole Improves Pedestrian and Bicycle Safety, continued from page 20

Caltrans and the Town of Truckee implemented the various phases of planning and design for the project using cooperative agreements between the two agencies. “We were pleased to partner with the Town of Truckee and the Federal Highway Administration on the project,” says Caltrans District 3 Director Amarjeet Benipal. “This project is an excellent example of Caltrans’ goals to provide a safe transportation system and promote health through active transportation.” Caltrans took the lead on the project approval and environmental document phase with support provided by the Town of Truckee. When it was determined that the project schedule and budget would benefit from the town taking the lead on project design and construction, Truckee took over the project.

New Tunnel Improves Quality of Life Completed in August 2016, the Mini Mousehole tunnel path allows users to pass safely under the railroad and avoid potential traffic conflicts in the vehicular tunnel. It has also expanded the area’s recreational opportunities. This project, now enjoyed by scores of bicyclists and pedestrians, encourages people to choose alternative forms of transportation. Long-term plans include linking this project with the Tahoe-Pyramid Bikeway, which will connect to Reno and beyond to the east, and with the River Trail, which will connect to Tahoe City and Lake Tahoe to the south. At the 2016 ribbon-cutting for the Mini Mousehole, then-Mayor Carolyn Wallace Dee said, “It’s taken years … It is such an emotional moment for everyone here. This is a vital project, especially for the children and families who will have a safe alternative to the vehicle tunnel. It is really a moment of pride for the Town of Truckee.” Contact: Becky Bucar, engineering manager, Public Works and Engineering Department, Town of Truckee; phone: (530) 582-2932; email: bbucar@townoftruckee.com. ■

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Construction of the new tunnel, nicknamed the Mini Mousehole, would give pedestrians and bicyclists a safe place to cross under the railroad away from traffic.

Finance Director City of Campbell, CA

The salary for Finance Director is dependent upon qualifications with a range of $12,844.00 – $16,800.16 per month plus an excellent benefits package! The City of Campbell, centrally located in the Santa Clara Valley is a suburban community with a population of 41,161 and a balance of land uses – commercial, industrial, and quality housing – within its six square miles. The City is seeking a Finance Director with a proven ability to lead, solve problems, and deal tactfully and effectively with employees, elected officials, and the public. He or she should be intelligent, have outstanding verbal and written communication skills, as well as a high level of political insight and sensitivity. The preferred candidate will be an effective leader, highly engaged with their team, able to motivate staff and enhance employee morale. A transparent and open team player is sought to join this high performing department of professionals. He or she should be skilled in analysis and structuring budget presentations. The ideal candidate will have a positive, “can do” approach and a commitment to a high quality, timely and accurate work product. At a minimum, candidates should have graduated from college with a degree in Accounting, Finance, Business Administration or closely related field and have five years of increasingly responsible experience in municipal accounting and budgeting, two years of which shall have been at a supervisory level. An advanced degree in a related field or a CPA Certificate is desirable. The City of Campbell enjoys a stable organization with strong, award-winning financial planning, and a supportive, stable, and fiscally conservative environment. This recruitment will close on Friday, March 1, 2019 at 5 pm. Apply online at www.calopps.org or download a paper application by visiting the City’s website at www.cityofcampbell.com/hr and mail to the City of Campbell’s Human Resources Division, 70 N. First Street, Campbell, CA 95008. You can also apply in person. For more information call 408-866-2122 or email: hr@cityofcampbell.com EOE.

Western City, February 2019

Courtroom Clashes Seek to Elevate City and Citizens’ Rights Over Telecom Company Profits, continued from page 11

interest which localities have in managing rights of way requires a more balanced solution than the one achieved in this bill.”

over the public right of way in the FCC. Despite strong opposition from the League and numerous other local government allies, the FCC voted unanimously on Sept. 26, 2018, to adopt the Declaratory Ruling and Third Report and Order

The telecom industry found a more amenable forum for abolishing local control

(WC Docket No.17-84 & WT Docket No.17-79). The ruling and order: • Limit local authority over the public right of way with respect to the deployment of 5G antenna and equipment; • Limit the application fees and ongoing rent that can be charged for the use of the public right of way; and

Finance Director Weed, CA (Population 2,967)

Nestled at the base on Mount Shasta, the historic community of Weed is a dynamic and growing community transitioning from logging to a tourism and transportation-based economy. With a median home price of $175,000, Weed remains affordable and livable with excellent schools, including the College of the Siskiyous. Weed residents enjoy the best of outdoor recreation that California can offer with hiking, rafting, camping, hunting and fishing, and skiing nearby. Weed is seeking a Finance Director, to report to the City Manager. The position requires a bachelor’s degree in accounting, finance, economics, business, or other related field, and a minimum of one year’s experience in municipal government finance. The City of Weed offers a traditional 40-hour work week, a current salary of $71,388-$86,772 with a 3.5% COLA approved for 7/1/2019, plus a generous benefit package including health insurance coverage for employee and family fully paid by the City and CalPERS Retirement System with 2%@60 for Classic members. Submit a cover letter, resume, and at least three professional references to stock@ci.weed.ca.us. Call (530) 938-5020 for information.

Finance Director

City of South San Francisco, CA

ocated along the Bay Area’s main transportation routes in northern San Mateo County, the City of South San Francisco is home to a population of about 64,585 that grows to 100,000 during business hours. As the Biotech Capital of the World, the City has a strong diverse economy and will further benefit from $7 billion worth of new private development currently underway. South San Francisco’s total FY2018-19 appropriated budget is $210.7 million (General Fund $117.4 million). The Finance Department consists of a team of 13 FTE. A passionate public servant, the ideal candidate will be a visionary leader in local government finance who thrives in a fast-paced environment. This skilled strategist will also be a nimble and innovative problem solver with a keen eye for efficiency. In addition, he/she will be a supportive mentor who encourages ongoing professional development. At least 5 years of progressively responsible municipal finance experience that includes a minimum of 3 years of supervisory/ management experience and a Bachelor’s degree are strongly preferred. Salary range $189,310 - $229,065; salary supplemented by an attractive benefits package. Closing date: Sunday, February 10, 2019. Visit www.tbcrecruiting.com for recruitment brochure and to apply online. Julie Yuan-Miu • 925.820.8436 Teri Black • 424.296.3111

League of California Cities

• Shorten the timeline (also known as the “shot clock”) for local governments to consider applications filed by telecom providers. The League opposed the adoption of the ruling and order for several reasons. First, the new 60-day shot clock for reviewing and permitting wireless facilities on a pre-existing structure is far too short for already overburdened local governments. Second, the FCC’s interpretation of “fair and reasonable compensation,” which the ruling and order set at $270 per small cell site, is well below the market value for such sites, as demonstrated by existing agreements between local governments and telecom companies for the deployment of thousands of small cells nationwide. Third, although there is no question that small cells will play a significant role in the deployment of 5G, the telecom industry has failed to provide exact detail on the benefits of 5G, who will be the first to experience its benefits and what efforts remain to close the digital divide between users. Because these complaints and many others fell on deaf ears at the FCC, local governments aiming to preserve their rights took the battle over small cells to the courts. On Oct. 24, 2018, the League joined a coalition of other state municipal leagues, cities and counties to bring a lawsuit challenging the ruling and order. The lawsuit, City of Seattle v. United States, argues that the ruling and order violate various provisions of the Constitution, are inconsistent with the Telecommunications Act of 1996 and have procedural flaws.

The Abolishment of Net Neutrality: Limiting Access to Public Safety Net neutrality is the principle that internet service providers (ISPs) should enable www.cacities.org

equal access to the internet. It prevents ISPs from blocking, “throttling” (reducing the speed), degrading or prioritizing content, applications or services. Net neutrality is based on the idea that a free and open internet spurs innovation and helps close digital divides, ensuring the collective success of all users. The ability of cities and their residents and businesses to have equal access to high quality internet is essential for communities to thrive. Not only does the internet provide citizens opportunities to interact with government, but it is also an essential tool in providing emergency response, which requires the rapid deployment and organization of thousands of personnel and numerous resources. Net neutrality is essential to public safety services that rely on wireless communication. For example, throttling significantly hampered the efforts of Santa Clara County firefighters battling the massive Mendocino Complex wildfire in July 2018, when Verizon slowed the transmission of their wireless data to 1/200 or less of its original speed. “This throttling has had a significant impact on our ability to provide emergency services,” Fire Chief Anthony Bowden wrote. “Verizon imposed these limitations despite being informed that throttling was actively impeding county fire’s ability to provide crisis response and essential emergency services.” In 2015, during the Obama administration, the FCC adopted rules ensuring net neutrality. However, during the Trump administration, the FCC reversed course and repealed those rules in December 2017. In response, the State of California enacted SB 822 by Sen. Scott Weiner (D-San Francisco), a bill supported by the League. SB 822 prohibits ISPs from engaging in certain activities that affect a user’s ability to access content on the internet. Among other things, SB 822 prohibits: • Blocking lawful content, applications, services or nonharmful devices; and • Impairing or degrading lawful internet traffic on the basis of internet content, application or service or use of a nonharmful device. continued on page 30

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Telecom companies should be required to negotiate fair leases and meet local criteria when their equipment is located on public property, just as other industries do. J

E S

CITY MANAGER City of Orange Cove, California

The City of Orange Cove is now accepting applications for the position of City Manager. Orange Cove is an agricultural community located in Fresno County about 34 miles east of the City of Fresno, CA. Qualified candidates should have prior experience as a City Administrator/Manager, Assistant/Deputy City Administrator/Manager, Department Director, or similar capacity. A bachelor’s degree in public or business administration or a related field is required and at least five (5) years of progressive management responsibility in municipal government is highly desirable. The City Council highly regards California experience and will also consider all viable out-of-state candidates provided the type and level of experience is in alignment with the City’s needs. Bi-lingual candidates are encouraged to apply. Salary: $120,000. Qualified candidates should submit a resume and cover letter to Mayor Victor P. Lopez, 633 6th Street, Orange Cove, CA 93646 in a sealed envelope. Recruitment is open until the position is filled.

Assistant City Manager

The City of Monterey is recruiting for an experienced and dynamic Assistant City Manager. The Assistant City Manager is an at-will classification that is part of the Executive team, supporting the City Manager and the City Council. At the discretion of the City Manager, the Assistant City Manager may oversee the activities of certain city departments. At least five (5) years of increasingly responsible administrative experience as a Department Director in a municipal government and the equivalent of a Bachelor’s degree in a related field is required. A Master’s degree is highly desirable. The City of Monterey is a historic and progressive coastal community with a resident population of approximately 30,000, and daily populations rising to 70,000. Monterey is a full-service city with approximately 450 full-time and regular part-time employees. The City Council is the legislative body responsible for the overall policies and direction of the City.

The salary for the Assistant City Manager is $213,384, plus an attractive benefit package. Please visit the City of Monterey’s website at www.monterey.org for more information. The closing date for this job opportunity is February 28, 2019.

Western City, February 2019

City Manager City of Flagstaff, AZ

Flagstaff is northern Arizona’s most appealing mountain community, renowned for its diversity, Native American culture, stunning scenery, and active lifestyle. Nestled at the base of the majestic San Francisco Peaks at an elevation of 6,900 feet, Flagstaff (pop. 72,000, 66 sq mi.) is surrounded by the largest ponderosa pine forests on earth. Its picturesque snow-capped mountains, aspen groves, meadows, and prairies provide a welcome contrast from Arizona’s lower elevation desert landscapes. The City Manager serves at the pleasure of the City Council and represents the Council’s policy directives. Flagstaff’s FY 20182019 budget is $280 million, supporting 1,000 FTEs. A bachelor’s degree (public administration, business, management, or related field); extensive administrative and management experience that clearly demonstrates the candidate’s ability to lead a municipal organization; or any equivalent combination of education, experience, and training are required. A master’s degree is preferred. The initial annual salary range is $195,000 to $215,000, depending upon qualifications and experience. Comprehensive benefits. Residency within city limits required. Relocation assistance subject to negotiation. Filing deadline is February 7, 2019. Contact Andrew Gorgey.

City Manager

City of Mill Creek, WA

Situated in Snohomish County approximately 20 miles north of Seattle and 10 miles south of Everett, the City of Mill Creek, Washington, is a picturesque community nestled just inland from the Puget Sound, north of Lake Washington, and west of the Cascade Mountains. Incorporated in 1983, Mill Creek (pop. 20,470, 4.6 sq. mi.) is exceptionally well-planned and offers a hometown atmosphere with many of the amenities of urban living. The 2019-20 Biennial Budget is $59.1 million (GF $28.1 million, reserve $6 million) and supports a staff of 61 FTEs. Mill Creek seeks an experienced, professional manager to establish stability in the position by serving for many years, and a person of the highest integrity and ethical standards as its next City Manager. A bachelor’s degree (public administration, business, or related), and seven to ten years of progressively responsible experience as a professional city manager, assistant city manager, or equivalent are required. A master’s degree and ten plus years of experience are preferred. Residence within the municipal boundaries is encouraged. Comprehensive benefits. Annual salary range is $160,000 to $195,000 dependent on qualifications. Filing deadline is February 18, 2019. Contact Andrew Gorgey.

Finance Director City of Bothell, WA

The City of Bothell, WA, population 45,260, is located in the Seattle metropolitan area, in King and Snohomish Counties, just east of Lake Washington. Appointed by and reporting directly to the City Manager, the Finance Director will join a carefully constructed, high-functioning executive leadership team and a positive, professional, values-based organization. The Director oversees a staff of 10.25 FTEs and is responsible for the 2019-20 Biennial Budget: Citywide $274.4 million, General Fund $111.3 million, and Finance Department $3.3 million. Seeking visionary, solution-oriented leader to advance and modernize the department and maximize the skills of an experienced, capable staff. Bachelor’s degree in finance, business or public administration, or related field and seven years of professional management experience in municipal finance required. Master’s degree preferred, and CPA is a plus. Technical skills should include significant experience with municipal budgets (philosophy, forecasts, preparation, all process steps, drafting, and management), capital project finance, controls, procurement, payroll, union contracts, retirement and benefits costs, and sources of revenue of every kind and type. Comprehensive benefits. Annual salary range is $134,551 to $171,076. Filing deadline is February 4, 2019. Contact Andrew Gorgey.

â&#x20AC;&#x153;All about fitâ&#x20AC;? Announcing our 2018 California Placements Bret Black, Fire Chief, City of Piedmont Robert Lawton, City Manager, City of Turlock Brian Johnson, Police Chief, City of El Centro Sergio Gonzalez, City Manager, City of Azusa Kent Steffens, City Manager, City of Sunnyvale Donna Mooney, City Attorney, City of Pittsburg Tabatha Miller, City Manager, City of Fort Bragg Lisa Natusch, City Clerk, City of Mountain View Adam Raymond, City Manager, City of Glendora Gabriel Perez, City Planner, City of San Clemente Jennifer Ott, Deputy City Manager, City of Hayward Jack Holden, Building Official, City of San Clemente Cynthia Battenberg, Town Manager, Town of Moraga William Tarbox, Public Works Director, City of Benicia Jason Holley, City Manager, City of American Canyon Michael Callagy, County Manager, San Mateo County Kari Svanstrom, Planning Director, City of Sebastopol Todd Leopold, County Executive Officer, Placer County Ingrid Hardy, Assistant City Manager, City of Thousand Oaks Lisa Jenkins, Human Resources Director, City of Manhattan Beach Jane Christenson, Assistant County Executive Officer, Placer County Shannon Chaffin, Aleshire & Wynder, City Attorney, City of Yuba City Miguel Guererro, General Manager, San Bernardino Water Department Jim Wheeler, Director of Recreation, Arts & Community Services, HARD Ana Ruiz, General Manager, Midpeninsula Regional Open Space District To apply, please visit our website at:

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Resumes acknowledged within two business days. Call (866) 912-1919 for more information.

Courtroom Clashes Seek to Elevate City and Citizens’ Rights Over Telecom Company Profits, continued from page 27

Hours after Gov. Brown signed SB 822 into law, the U.S. Department of Justice (DOJ) filed a lawsuit in federal district court, arguing that federal law pre-empts SB 822. Former Attorney General Jeff Sessions argued in a concurrent press release that SB 822 is illegal because Congress granted the federal government, through the FCC, the sole authority to create rules for ISPs.

Throttling hampered the efforts of firefighters battling the massive Mendocino Complex wildfire in July 2018, when Verizon slowed the transmission of their wireless data to 1/200 or less of its original speed.

Residents and local communities have numerous concerns related to the telecom industry’s efforts to pre-empt local control with respect to 5G.

Furthermore, telecom companies don’t want to pay market rates to private property owners for placing cellular equipment on their property. Instead, they want to install it more cheaply in the public right of way and use state legislatures or the FCC to cap their costs; however, the public right of way is the public’s property — paid for by the taxpayers. Telecom companies should be required to negotiate fair leases and meet local criteria when their equipment is located on public property, just as other industries do. Negotiating fair deals on behalf of taxpayers is a key responsibility of local government.

The need to reduce or avoid the visual blight associated with cellular towers is

Telecom companies typically don’t make it a priority to provide new technology

The League, along with a coalition of local governments, will file an amicus curiae (friend of the court) brief in this case in support of the State of California.

Defending the Rights of Cities and Residents

in disadvantaged neighborhoods or rural areas, because these areas offer fewer customers and thus less profit. Cities wish to avoid this “cherry picking” approach because less affluent areas deserve to have the same access to technology as other neighborhoods. State or federal pre-emption offers one way for telecom companies to avoid this issue.

an issue for residents and cities statewide. Not surprisingly, local agencies want cellular equipment to blend into its surroundings and telecom companies to take local aesthetics into consideration when placing such equipment. The industry perceives this as an unnecessary expense and an inconvenience.

Vowing to vigorously defend the constitutionality of SB 822, California’s Attorney General Xavier Becerra said, “While the Trump administration continues to ignore the millions of Americans who voiced strong support for net neutrality rules, California — home to countless start-ups, tech giants and nearly 40 million consumers — will not allow a handful of power brokers to dictate sources for information or the speed at which websites load.”

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In addition, community concerns about the need for net neutrality have taken on a greater urgency as California’s wildfire season is now year-round. The experience of the firefighters whose communication speeds were throttled by Verizon during the Mendocino Complex fire is still fresh in the minds of many first responders — and such throttling by ISPs represents a serious threat to public safety. With telecom issues increasingly affecting residents in communities statewide, the League will participate in these court battles to protect the interests of cities and taxpayers. For updates, visit www.cacities.org. ■

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Bobbi C. Peckham • Phil McKenney

Peckham&McKenney www.peckhamandmckenney.com

Roseville, CA

League of California Cities

866.912.1919

www.cacities.org

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Western City, February 2019

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If you could change something about the way the Legislature operates, what would it be? Read more “On the Record” at www.westerncity.com.

Anni Marshall Mayor Avalon

Jason Pu Vice Mayor San Gabriel

Maria Davila Council Member South Gate

www.westerncity.com

Take action more quickly on urgent issues and speed things up after a bill is passed, especially if funding is involved.

More contact at the grassroots level — you get more information in a community meeting than in an email or phone call.

They should consult cities about the local impacts of a new law before they pass it.

John Allard Council Member Roseville

Kathleen Fitzpatrick Mayor pro Tem La Quinta

Ross Chun Mayor Aliso Viejo

Focus more of their energy and legislation on helping local government address the growing challenges we face — many of those challenges created by and/or imposed on us by federal and state government.

Make a stronger connection with local communities.

More cooperation across the aisle.

Western City, February 2019