JUNE 2013 |
The Monthly Magazine of the League of California Cities速
under California: p.11 Knowing What Lies Beneath Using Technology to Enhance Transparency p.3 SmartRiverside Transforms Community p.14
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CONTENTS 2 3
Calendar of League Events
11
President’s Message
Using Technology to Enhance Transparency
information to residents and the media.
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Most people are generally unaware of what lies beneath the streets they travel on each day. Understanding the sub-surface infrastructure is an important local government consideration.
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Meetings and Technology: Finding the Right Balance
SmartRiverside has helped transform the city by promoting high-tech businesses, encouraging collaboration and creating a forum for communication between students and high-tech organizations.
Everyday Ethics for Local Officials
Who Gets to Use Agency Seals, Logos, Letterhead And Other Insignia?
California Cities Helen Putnam Award for Excellence
SmartRiverside Transforms Community and Fosters Innovation
City Forum
Local agency officials and staff are wise to be mindful of transparency and fair process issues related to technology.
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Under California: Knowing What Lies Beneath By Steven R. Meyers and Britt K. Strottman
By Bill Bogaard Technology offers many ways for local governments to increase and enhance the transparency of their operations. A proactive approach is best when it comes to providing
Legal Notes
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California Cities Helen Putnam Award for Excellence
Redlands311: Smartphone App Serves Residents
Examining how other local agencies handle these issues provides a helpful starting place for determining which approach best serves your agency’s needs.
The app provides a way to report a wide range of issues, including potholes, vandalism, water leaks and more, directly to city staff.
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Job Opportunities
23
Professional Services Directory On the Cover: Manhole cover Photo: Virunja/Shutterstock.com
President Bill Bogaard Mayor Pasadena
1400 K Street Sacramento, CA 95814 (916) 658-8200 Fax (916) 658-8240
First Vice President José Cisneros Treasurer San Francisco
Second Vice President Tony Ferrara Mayor Arroyo Grande
Immediate Past President Michael Kasperzak Mayor Mountain View
Executive Director Chris McKenzie
For a complete list of the League board of directors, visit www.cacities.org/board.
Magazine Staff
leaguevents
Editor in Chief Jude Hudson, Hudson + Associates (916) 658-8234 email: editor@westerncity.com Managing Editor Eva Spiegel (916) 658-8228 email: espiegel@cacities.org
JUNE 13 – 14
Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256 email: maxwellp@cacities.org
Policy Committee Meetings, Sacramento The League’s policy committees review issues of interest to cities statewide and make recommendations to the League board of directors.
Administrative Assistant Anita Lopez (916) 658-8223 email: alopez@cacities.org
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Legal Advocacy Committee Meeting, Sacramento The committee reviews and recommends friend-of-the-court efforts on cases of significant statewide interest to California cities.
Contributors Koreen Kelleher JoAnne Speers Patrick Whitnell
JULY
Associate Editors Jim Carnes Carol Malinowski Carolyn Walker
11 – 12
Board of Directors’ Meeting, San Diego The League board reviews, discusses and takes action on a variety of issues affecting cities, including legislation, legal advocacy, education and training, and more.
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SEPTEMBER
For photo credits, see page 18. Western City (ISSN 0279-5337) is published monthly by the League of California Cities, 1400 K St., Sacramento, CA 95814. Subscriptions: $39.00/1 year; $63.00/2 years; student: $26.50; foreign: $52.00; single copies: $4.00, including sales tax. Entered as periodical mail January 30, 1930, at the Post Office, Los Angeles, CA 90013, under the Act of April 13, 1879. Periodical postage paid at Sacramento, Calif.
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League of California Cities 2013 Annual Conference & Expo, Sacramento This conference offers dozens of educational sessions, numerous professional development opportunities, hundreds of exhibits and a chance to participate in the League’s policy-making activities at the Annual Business Meeting.
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.
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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. ©2013 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume LXXXIX, No. 6.
18 – 20
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President’s Message by Bill Bogaard
USING TECHNOLOGY TO ENHANCE TRANSPARENCY This issue of Western City includes several features that focus on various aspects of technology and how cities, such as Riverside and Redlands, are putting technology to work to better serve their residents and local businesses. Technology offers many ways for local governments to increase and enhance the transparency of their operations. Furthermore, online communication can help strengthen relationships with residents by facilitating exchanges of information and dialogue. City websites can make it easier and more convenient to do business with the city, and they can also expedite processing requests for public information. Many cities prefer to post as much public information as possible in an effort to anticipate requests for such content. It’s all part of operating transparently and serving the community.
Pasadena’s Proactive Approach
is designed to provide our residents, businesses and visitors with a virtual city hall, giving them access to Pasadena City Hall 24 hours a day, seven days a week. The center includes a search engine as well as a list of the most frequently requested items and a list of topics spanning city departments and services. Users can submit requests for services and view usage statistics and quarterly reports. In addition to making it easier for people to access information about services and submit requests, we are also regularly posting information about the city’s ongoing projects, such as: • A $125 million power plant upgrade;
In my city, Pasadena, we think that a proactive approach is best when it comes to providing information to residents and the media. To do this we have taken advantage of current technology in several ways.
• The Rose Bowl renovation, which is under way; and
We’ve recently added to our website a Pasadena Citizen Service Center, which is also available as a smartphone app for iPhone and Android platforms. The center
These are a few of the steps we are taking to make the City of Pasadena’s information readily accessible.
www.westerncity.com
• Individual projects that are part of our General Plan update.
Resources to Support Your City’s Efforts The League offers a broad spectrum of tools for cities that want to increase transparency and take advantage of the opportunities afforded by technology. One excellent example can be found on the League website (www.cacities.org) home
Visit the League’s Open Government page for inspiration. page by clicking on the Resources tab and selecting the Open Government page. This page provides links to a comprehensive set of resources related to open meeting law, open records law, transparency law and much more. These resources encompass articles and checklists, as well as compensation surveys and more, and include links to the Institute for Local Government website, which also offers a wealth of information on transparency for local government officials. I encourage you to take a look at what other cities are doing in putting technology continued
Western City, June 2013
3
Using Technology to Enhance Transparency, continued
to work for them. Visit the League’s Open Government page for inspiration and assess what else your city might do to reach your residents and local businesses with the information they seek and need.
The League offers a broad spectrum of tools for cities that want to increase transparency and take advantage of the opportunities afforded by technology. In virtually every community, some people are quick to criticize local
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government and seize on nearly any topic — whether controversial or not — to create a conspiracy theory. By making our city operations as transparent as possible and posting a broad range of useful public information on our websites, we can help to build a relationship of trust and credibility with our residents that will offset the conspiracy allegations. We have all seen how quickly such credibility can erode when wrongdoing in one city taints all cities by association. That is why it is so important for all California cities to continue creating tools and utilizing technology that make local government open and accessible to all. Our state is home to a great deal of technological innovation. Let’s make sure that we are putting it to work as efficiently and effectively as possible for the people and communities we serve. ■
More Resources Online For links to related resources, read the online version of this article at www.westerncity.com.
www.cacities.org
Meetings and Technology:
Finding the Right Balance Technology can be a double-edged sword. It can save paper and make communications faster and easier. It can also help expand a public agency’s outreach and public engagement efforts by involving more people in the agency’s decisionmaking process.
the impression (mistaken or not) that the officials are not paying attention to speakers. Active listening (making eye contact with speakers, nodding and smiling), when combined with note-taking, is a good practice regardless of whether one is using technology in a meeting.
However, local agency officials and staff are also wise to be mindful of transparency and fair process issues related to technology.
Accessing the Internet During Public Meetings
Electronic Agendas Providing agenda materials electronically to decision-makers and others results in speedier delivery. Using electronic versions can also save public resources (staff time and supplies) involved in photocopying and delivering hard-copy agendas. Electronic formats can make supporting materials easier to find in lengthy agenda packets, through the use of internal links and other tools. In addition to communicating with decision-makers, agendas also alert the public about the issues decision-makers will discuss and decide on at a meeting. While many members of the public are happy to receive agendas electronically via email or the agency’s website, the law requires agencies to make this information available through more traditional channels if requested. Local officials referring to electronic agendas during presentations or using electronic devices to take notes can give
Using an electronic device (either agencyprovided or one’s personal device) to access the Internet during a meeting presents several issues. At the most basic level, such activity suggests divided attention or inattention to the information being shared at the meeting. If the proceeding is a quasi-judicial public hearing, however, using an electronic device to access information that influences one’s decision can present fair-process legal issues. For more about these issues, read the online version of this article at www.westerncity.com. Using Email and Texting During Meetings Using email during meetings also presents transparency issues. Allowing the public to observe decision-maker deliberations is a key goal of open meetings laws. Emails sent among decision-makers risk violating such laws. California law prohibits decision-makers from “ … us[ing] a series of communications of any kind,
directly or through intermediaries, to discuss, deliberate or take action on any item of business that is within the subject matter jurisdiction of the legislative body.” Email can be such a series of communications. Another issue is whether such emails or text messages are subject to disclosure as public records. Media outlets and open government advocates take the position that emails should be retained and produced upon demand as public records. In fact, two trial courts have now found that even emails the public officials send on their personal (non-agency) email accounts are public records subject to disclosure upon request. For all of these reasons, a number of public agencies have adopted policies prohibiting decision-makers from reading, sending or receiving messages while at meetings. ■
More Resources Online For sample policies, additional information on issues to consider, footnotes and links to related resources on the issue of meetings and technology, read the online version of this article at www.westerncity.com.
This column is adapted from an Institute for Local Government (ILG) white paper. ILG’s mission is to promote good government at the local level with practical, impartial and easy-to-use resources for California communities. For more information, visit www.ca-ilg.org.
www.westerncity.com
Western City, June 2013
5
Everyday Ethics for Local Officials
WHO GETS TO USE
AGENCY SEALS, LOGOS, LETTERHEAD AND OTHER INSIGNIA? QUESTION
I recently attended a meeting of local officials. During lunch the conversation turned to experiences related to using agency seals and letterhead. One of the people at the table described a flap over her colleague’s using his title on agency letterhead to express a point of view that did not reflect the perspective of his colleagues or the community. Another person at the table said the same thing happened in his jurisdiction, although the controversy related to a candidate’s use of the agency seal during a campaign. In both instances, neither agency had policies in place on this issue. We haven’t had issues like these in our jurisdiction, but might it be wise to get more structured about these kinds of issues in our agency to avoid the headaches my lunch companions described?
This column is a service of the Institute for Local Government (ILG), whose mission is to promote good government at the local level. For more information and to access ILG’s resources on public service ethics, visit www.ca-ilg.org/trust.
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League of California Cities
www.cacities.org
Looking for Footnotes? A fully footnoted version of this article is available online at www.westerncity.com.
ANSWER
Addressing such issues prior to a controversy can indeed be a good strategy. It avoids the appearance of “calling out” someone who may have concluded the lack of a policy means that “anything goes.” Another consideration weighing in favor of having an agency policy is the fact that technology makes it fairly easy for anyone to gain access to aspects of an agency’s official identity. Web browsers and scanners can capture or copy agency seals, logos, letterhead and similar items.
Agency Seals and Logos Restrictions on the use of an agency’s seal are common. Such policies tend to give the agency’s custodian of records (for example, the clerk of the board of supervisors or city clerk) custody of the agency’s seal and create penalties for unauthorized use. Some codes create a broader category of
agency “insignia” that includes the agency’s website banner and logo. Agencies also have the option of taking steps to protect their seals, logos and other insignia through federal, state and common-law processes related to service marks. Some policies include affirmative statements limiting the use of either the agency
Special Issue: Use of Agency Insignia in Elections As the question suggests, using agency insignia in election-related communications can create both legal and policy issues. Using an agency’s logo, letterhead or seal with the intent to deceive voters into thinking the communication is from an agency can be a violation of California election law. California law makes it a misdemeanor to use city seals with the intention of creating an impression that a document is authorized by a public official. (The absence of parallel language for county and special district seals underscores the wisdom of adopting local protections.) Agency policies frequently prohibit use of agency insignia in campaign materials. Even when such use is allowed, such use must not involve use of agency money, supplies, staff time or other public resources. Using public resources in ballot measure campaigns presents a host of legal issues. For more information, read the online version of this article at www.westerncity.com. To avoid questions related to compliance with such restrictions, it is wise to note on the correspondence that the correspondence was not produced or sent with public funds. Other Political Reform Act requirements may also apply — for example, placing the name of the committee or candidate on the outside of the envelope. California law also prohibits employees or officers of local agencies from engaging in political activities of any kind while in uniform.
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seal or insignia “for purposes directly connected with [the agency’s] official business.” Some also create processes for approving other uses by the agency’s governing body or a designated individual. The standards an agency uses for determining who can use agency insignia — and when — can also be key, as one agency that had a liberal policy discovered. The agency allowed news organizations to use its seal, but then limited that policy when a blogger critical of the agency used the seal. The blogger successfully sued to be allowed to use the seal, on the theory that the agency was withholding permission based on its disagreement with the blog’s message. (Content-based decisions on whether to allow someone to use a public resource can present First Amendment issues.) Finally, some agency policies prohibit using mock-ups of the agency’s seal. The purpose of such policies is to prevent people from using altered versions of the agency’s identity with the intent of causing those who may be unfamiliar with the agency’s logo or seal to believe it came from the agency. Such prohibitions also enable the agency to discourage such practices by creating penalties for such uses. continued
the City of Santa Clara’s Code of Ethics and Values encourages its officials to carefully consider whether they are exceeding or appearing to exceed their authority. Western City, June 2013
7
Who Gets to Use Agency Seals, Logos, Letterhead and Other Insignia?, continued
Prohibition Against Mass Mailings at Public Expense California law reflects the notion that it is unfair for public officials to use public resources to enhance their visibility and name recognition with potential voters. Consequently, sending mass mailings at public expense is forbidden. The Fair Political Practices Commission has defined “mass mailings” as sending more than 200 substantially similar pieces that contain the name, office or pictures of elected officials except as part of a standard letterhead. The rules on what constitute a mass mailing are quite complex. Consult your agency counsel whenever sending out materials that contain elected officials’ names, offices or pictures (for example, newsletters). The prohibition also includes some exceptions (for example, legal notices and directories). For more information, read the online version of this article at www.westerncity.com.
Use of Agency Letterhead and Other Stationery Agencies differ on the extent to which public officials have access to and use of agency letterhead and staff for preparing individual correspondence. A key parameter to keep in mind is that California law prohibits use of public resources for either personal or political
Similarly, using such resources to advocate on behalf of or against a candidate for public office or a ballot measure would be an example of a “political” use of a public resource. See “Special Issue: Use of Agency Insignia in Elections” on page 7 for more information. There can be room for disagreement over what constitutes “personal” use of agency stationery. For example, would writing a letter of recommendation for someone who has not worked for the agency be “personal” use of public resources or part and parcel of being a public figure in the community? Another murky area could be letters expressing personal (as opposed to agency-adopted) positions on policy issues. Local agency policies can provide guidance to local officials, staff and others on
purposes. Such prohibitions restrict local agency officials from using agency stationery, printing or photocopying equipment, and staff time to prepare and/ or distribute documents that are personal or political in nature. An example of “personal” use of public resources would be using agency supplies, equipment or staff time to support one’s business endeavors.
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technology makes it fairly easy for anyone to gain access to aspects of an agency’s official identity.
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such questions. Restrictions on the use of agency logos and letterhead also give the agency leverage in the event someone tries to pose as the agency in communications. Some provide agency officials with stationery that makes it clear, from both their wording and format, that the correspondence is coming from an individual. Even when a particular use of agency letterhead is allowed, an ethical question for an official to consider is whether the use of agency letterhead leads the reader to believe that the agency itself has endorsed the statements contained in the correspondence. To avoid any misunderstanding,
California law prohibits use of public resources for either personal or political purposes.
Badges: Not Recommended Most agencies issue their elected officials business cards or some other form of identification that may be useful from time to time.
many elected officials whose agencies allow them to use agency letterhead will specifically note that the opinions in the correspondence are their own and not those of the agency.
Service and Community Pride
Join your neighbors and city staff for our Annual Family Fair at Community Park!
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Bring your family out for a fun-filled event that features a variety of games and activities for all ages, live music, a barbecue and more at Community Park on Saturday, July 20. The Annual Family Fair provides an opportunity to make new friends, meet the city staff who serve your neighborhood and get your questions answered.
The use of one’s title as a public official can create similar policy issues. Some agency codes of ethics address this issue. For example, the City of Santa Clara’s Code of Ethics and Values allows its officials to use their title only when conducting official agency business, for information purposes, or as an indication of background and expertise; the code also encourages its officials to carefully consider whether they are exceeding or appearing to exceed their authority.
Learn more about how your neighborhood can take advantage of a variety of community services designed to enhance your local quality of life. Visit our booths and displays, and pick up helpful information about city services from A to Z. The fun begins at 10:00 a.m. with a and ways to connect with leaders Meet your council member and enjoy where to go for help with any issue ready to assist your family and answer For more details about the Annual Family Hope to see you there! Sincerely,
Allison Arias Director of Community Services
Community Services Department, 400 Civic Center Drive Your City, CA (372) 785-2000 www.yourcity.org
continued on page 22
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However, some agencies issue officials “badges” that look similar to those used by law enforcement officials. This practice has fallen out of favor for a number of reasons. State law forbids anyone from using a badge to impersonate a police officer. The issuance of badges has also been the basis of a number of prosecutions and embarrassing incidents involving public officials. For more information, read the online version of this article at www.westerncity.com.
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For more information, please visit: www.lcwlegal.com
Western City, June 2013
9
Under Cal Knowing What by Steven R. Meyers and Britt K. Strottman 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.
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League of California Cities
www.cacities.org
lifornia: Lies Beneath Most people are generally unaware of what lies beneath the streets they travel on each day. Depending on the level of urbanization in a given community there may be multiple systems of lines and pipes for conveying water, sewage, storm drainage, petroleum, gas and communications systems including fiber optic, telephone and cable television services — as well as electrical conduits and transformer vaults — and the occasional subway system and pedestrian walkway. In some metropolitan areas, high-pressure steam is also pumped underground for heating purposes. continued Steven R. Meyers is a founding principal at the Oakland-based law firm Meyers Nave and special counsel to the City of San Bruno. He can be reached at smeyers@meyersnave.com. Britt K. Strottman is senior counsel at Meyers Nave and can be reached at bstrottman@meyersnave.com.
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Western City, June 2013
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Under California: Knowing What Lies Beneath, continued
Pipeline operators are obligated to adopt an emergency plan in compliance with federal and state laws. and disasters nationwide caused by underground infrastructure failures that were not primarily driven by thirdparty damage. 1. Bellingham, Wash. — Liquid gas line break killed three people (1999); 2. Carlsbad, N.M. — Natural gas explosion killed 12 people at a campsite (2000); 3. Bergenfield, N.J. — Natural gas explosion in an apartment building killed three people (2005); 4. Plum Borough, Pa. — Natural gas explosion in a home killed one person and seriously injured a 4-year-old girl (2008); Understanding the sub-surface infrastructure is an important local government consideration. Owners and operators of most underground pipelines and facilities (whether or not in the public right of way) participate in a nationwide 811 system, which involves “call before you dig” warnings. This “one-call” system is intended to notify local utilities about projects involving excavation in proximity to underground utility facilities. When the system works as intended, homeowners and contractors can expect utilities to mark the ground or pavement to indicate where underground facilities exist below in an effort to avoid third-party damage caused by excavation. Notwithstanding the existing one-call system, it is not always direct third-party interference with a utility line that can generate bad consequences. Rather, the greatest threat to public safety is presented by the age, failure or mismanagement of those utility lines. The following examples illustrate a significant increase in recent years in the number of incidents
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League of California Cities
5. Rancho Cordova, Calif. — Natural gas explosion in a home killed one person (2008); 6. Middletown, Conn. — Gas plant explosion killed six people (2010); 7. San Bruno, Calif. — Natural gas pipeline explosion killed eight people and injured 66 others. Thirty-eight homes were destroyed, 17 homes were rendered uninhabitable and 53 other homes were damaged (2010); 8. Allentown, Pa. — Natural gas explosion in suburban neighborhood killed five people (2011); and 9. Sissonville, W.Va. — Gas line explosion destroyed part of an interstate highway and damaged nine homes (2012). Accordingly the public has raised questions, including: • What pipelines and other underground utilities are near my home, my job and the schools my children attend?
• Are these pipelines safe now or being made safe? • How will I know when utility pipelines have been tested and replaced if they are not safe? Local government leaders are also asking questions, such as: • What pipeline infrastructure exists under city streets and within the other public rights of way? • What authority do local public agencies have over pipelines conveying flammable, explosive materials within their borders — regardless of whether the lines are located in the public right of way? • What should we expect from California pipeline operators now under orders (following the San Bruno disaster) from state and federal regulators to undertake multiyear, billion-dollar programs to overhaul aging and neglected transmission and distribution infrastructure? The Pipeline and Hazardous Material Safety Administration is the federal agency that administers the national regulatory program to ensure the safe transportation of natural gas, petroleum and other hazardous materials by pipeline operators. The California Public Utilities Commission (CPUC) is certified by the Pipeline and Hazardous Materials Safety Administration to enforce those safety regulations within California. CPUC General Order 112-E adopts and automatically incorporates all updates to federal pipeline safety regulations. Beyond General Order 112-E’s specific requirements, the California Public Utilities Code also requires that public utilities provide and maintain “adequate, efficient, just and reasonable” service and facilities www.cacities.org
necessary for the “safety, health, comfort and convenience” of their customers and the public. But cities also have critical legal and practical authority to help protect the public against potential damage from the failure of aging and neglected pipelines and other utility infrastructure. Thus, suggested actions for cities include seven key elements. 1. Locate, review and strengthen your city’s franchise agreements with underground utility owners and operators. Find the city’s existing franchise agreement(s) with publicly owned and/ or privately owned utilities, and audit the operators for compliance with their terms and applicable federal and state requirements. Review each franchise agreement carefully with legal counsel to identify opportunities to strengthen city protections. The California Constitution authorizes cities to “grant franchises for public utilities or other businesses on terms, conditions and in the manner prescribed by law.” For example, municipalities can elect to grant a franchise to natural gas utilities under either the Broughton Act of 1905 or the Franchise Act of 1937. These statutes set forth the procedures to be followed when municipalities grant franchises. Charter cities may have additional legal authority in granting franchises. But federal and state law pre-empts local regulation of design and construction, even in franchise agreements authorizing the use of municipal streets and rights of way. However, cities have a strong interest in protecting public property and residents. To accomplish that goal, municipalities may wish to: • Require franchisees to disclose products and quantities of products transported over pipelines; and • Make any failure to comply with safety or environmental laws a breach of the franchise agreement. Franchise agreements are contracts. As a result, a city cannot unilaterally modify the terms of its franchise agreement. Therefore, cities should avoid lengthy or www.westerncity.com
perpetual terms that prevent requirements from being updated in a timely manner as laws, regulations, development patterns, safety practices and pipeline technology change. Franchisees are strictly liable for all damage caused in connection with the use or operation of a franchise, or by any pipeline or other facility failure, regardless of whether such damage was wholly or partially caused by a third party. This strict liability language under the Public Utilities Code should be expressly included in the franchise agreement. 2. Gather information on the infrastructure beneath city streets and rights of way. Ask each franchisee or operator for current information, including relevant maps and records, regarding the physical location and characteristics of pipelines and other lines operating within the jurisdiction. Specifically request details and records regarding: • Which products a pipeline carries; • Its capacity and operating pressure; • The materials it is made of; • The method of welding used; • The precise location of the pipeline and shut-off valves; and
• The location of the nearest utility yard with personnel qualified to shut off the gas (or other product conveyed via the pipeline) who are available to service the line in the event of an emergency 24 hours a day — and their contact information. Ask franchisees to: • Provide the city with copies of all environmental reports they file with environmental agencies; • Immediately notify the city in the event of a spill or environmental or safety threat; and • Remediate damage according to applicable environmental laws. 3. Familiarize yourself with operator safety plans. Federal and state laws require pipeline operators to “prepare and follow” a procedural manual for operations, maintenance and emergencies. Pipeline operators are also obligated to adopt an emergency plan in compliance with federal and state laws. Ask each operator for a copy of its safety plan as it relates to pipelines that run within city borders. Critically evaluate that safety plan with emergency responders. continued on page 23
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Western City, June 2013
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SmartRiverside
Transforms Community and Fosters Innovation Six thousand low-income families have benefited with free PCs, training and Internet access. The Zavala family receives the 1,000th free computer given to eligible residents by SmartRiverside.
R
iverside was one of the nation’s wealthiest com munities in 1900. Jobs were plentiful, and businesses were thriving. By the late 1990s, things had changed dramatically. Riverside had evolved into a commuter community with low-paying local jobs, and many permanent residents lacked college degrees. Some neighborhoods had deteriorated, and crime rates had risen. Many residents were commuting two hours daily seeking higher-paying, more attractive career opportunities elsewhere.
The community and Riverside’s leaders were concerned about five key issues:
Their dollars and efforts were instead focused in nearby Los Angeles, Orange and San Diego counties.
1. A large digital divide. Riverside had a large (30,000+) population of disadvantaged and struggling residents who were not familiar with computer technology and thus lacked the educational and career opportunities associated with computer literacy and Internet access.
3. Graduates fleeing the college town. Nearly 20 percent (55,000+) of Riverside’s population comprises students enrolled in one of the city’s four higher-education institutions. After graduating, most left Riverside for higher-paying jobs elsewhere.
2. Limited Internet access. None of the major telecom carriers offered highspeed Internet service through 2005.
4. High-tech businesses were not locating there. A study commissioned by then-Mayor Ronald Loveridge
The City of Riverside won the League Partners Award for Excellence in City-Business Relations in the 2012 Helen Putnam Award for Excellence program. For more about the award program, visit www.helenputnam.org.
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and city management concluded that high-tech businesses with high-paying jobs were not locating in Riverside because of the shortage of skilled labor, a state government that was making it difficult to do business in California, the presence of few existing high-tech companies and no comprehensive city plan to attract or grow them. The study group was challenged to solve these problems. 5. Community organizations not working together. Despite the presence of outstanding innovative talent, the city, university and business communities were not focused on how they could work together and leverage technology to create a more vibrant, attractive community.
Mayor Challenges Community Leaders Riverside needed to change. Mayor Loveridge challenged city, university and community leaders in 2004 to develop recommendations for city action to improve high-tech economic development. Their recommendations included: • Focusing on global competition;
hot spots, regions for job growth, and attractive places to live, work and enjoy. SmartRiverside took action in these areas: Bridging the Digital Divide. SmartRiverside’s digital inclusion program offers Riverside’s low-income families the available resources to take advantage of new technologies. Providing Free Citywide Wi-Fi. SmartRiverside launched a citywide project to deliver free wi-fi to all Riverside residents. The city partnered with AT&T, which expanded the network to cover 78 percent of the city’s developed area (50 square miles) before transferring the network to the city in 2010. Free Computers and Internet Access. Low-income families (approximately 10 percent of the city’s population) willing to spend eight hours in free certified classroom training (available both in English and Spanish) receive free refurbished computers loaded with software, a wireless broadband access device, free support (including replacement) and free Internet access, as long as they reside in Riverside and earn $45,000 or less in family income.
• Charting a clear path to sustainable economic growth through strategic use of technology and innovation.
Gang Prevention Program. SmartRiverside staff includes former “at-risk” youth from Project BRIDGE (Building Resources for the Intervention and Deterrence of Gang Engagement). Program participants rebuild computers, operate the region’s largest e-waste collection program, sell components on eBay, manage a Smartstore, handle walk-in and phone customers, and support business shows, expos and SmartRiverside’s charity golf tournament.
Taking Action
Turning Riverside Around
• Embracing technology businesses to also bring growth to traditional industry sectors (including retail, entertainment and hospitality businesses); • Attracting and retaining graduates; • Ensuring advanced Internet access for businesses and citizens; and
As a result of these recommendations, Riverside’s high-tech businesses, city leaders, community organizations, universities, government agencies, high-tech suppliers and venture capitalists joined together in 2005 as SmartRiverside to help create one of the country’s leading digital cities with economic development
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Thirty-five high-tech companies have established headquarters in Riverside, and five have created high-tech incubation and commercialization centers where 15 startups have initiated operations during the past three years. Attraction incentives include collaboration with Riverside’s most successful companies, a single point-
of-contact ombudsman service, tenant improvements — so far, 12 companies have received $20,000 — employee relocation dollars, electric bill discounts (of 40 percent) and mortgage assistance. SmartRiverside has helped the city earn recognition as one of the world’s leading digital communities and was recognized as the Most Intelligent Community of the Year for 2012 by the Intelligent Community Forum. Six thousand low-income families have benefited with free PCs, training and Internet access from SmartRiverside’s Digital Inclusion program, with 100 or more benefiting every month. continued on page 19 A d v ert i sement
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Redlands311:
Smartphone App Serves Residents “Younger people, many of whom had never interacted with their local government before, are using the familiar technology to report issues.” report problems. These communications were typically directed to a specific department, and often the resident or customer had to determine where to begin. The city’s organizational structure perpetuated “silos” in which each department had its own set of responsibilities and customers. If multiple departments were involved in an issue, the customer often became the communications link between departments. This process frequently frustrated the customer and was almost always inefficient for the city.
The City of Redlands began exploring innovative strategies to better serve its residents while also addressing declining revenues in spring 2007. This need became even more emphatic later that year with the onset of the nationwide economic recession. Redlands residents had used traditional means — phone calls, emails or visits to public counters — to request services and
The Redlands City Council hired City Manager N. Enrique Martinez in 2007 to put the city’s finances in order while maintaining and/or improving customer service. After working with the city council to implement a financial management plan to balance the budget and build reserves, Martinez began reorganizing city departments to provide greater efficiency. He created a new Department of Innovation and Technology (DoIT) to coordinate and modernize the city’s haphazard and outdated computer systems. Martinez hired
the city’s first chief information officer to examine technology and business process solutions to better serve the city. Some of the changes made as a result included consolidating counter operations in a One-Stop Permit Center and instituting a new work-order system to combine service requests in one database. However, entries into this system still required older technologies (phone, voice mail, customer counter visits), and staff had to manually enter every issue into the system. As revenues and staffing decreased, the chief information officer sought costeffective ways to automate some of these manual processes. Streamlining a Cumbersome Process The solution was the Redlands311 smartphone app, which provides a way for residents to report a wide range of issues, including potholes, vandalism, water leaks, broken sidewalks, abandoned shopping carts and more, directly to city staff. continued on page 20
The City of Redlands won the 2012 Helen Putnam Award for Excellence in the Public Works, Infrastructure and Transportation category for this project. For more about the award program, visit www.helenputnam.org.
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Western City magazine’s job opportunity section is the source for job seekers looking for positions in local government. When you place a job opportunity ad in Western City magazine, it will be posted at no additional charge on our website. For rates and deadlines, visit www.westerncity. com and click on the Advertise link.
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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 Anita Lopez, administrative assistant; email: alopez@cacities.org; phone: (916) 658-8223.
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Upcoming Opportunities City Manager Assistant City Manager General Manager
City of South San Francisco, CA City of San Clemente, CA Incline Village General Improvement District, Incline Village, NV
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Director of Planning & Community Environment City of Palo Alto, CA Home to a residential population of 65,000, over 7,000 businesses and Stanford University, Palo Alto is recognized globally as a leader in cutting-edge technological, medical and green innovation. The Planning and Community Environment Department is responsible for the Planning and Transportation Divisions which are supported by an annual budget of $5 million and approximately 33 full-time staff. The ideal candidate will be a visionary and progressive leader who thrives in a high performing culture. Members of the City’s collaborative and nimble Executive Team effectively balance a multitude of competing priorities and thrive in an environment that demands extensive public engagement and dialogue. To that end, extraordinary verbal and written communication skills combined with superior interpersonal skills and a strong community orientation will be expected. A minimum of 8 years of experience along with a Master’s degree are required. Prior or current service in a community with high expectations will be considered favorably. AICP certification is desired. Midpoint of salary range is $184,018. Salary is supplemented by a competitive benefits package. Please check the TB&Co. website for closing date and other detailed information – www.tbcrecruiting.com. All inquiries welcome. Teri Black-Brann • 310.377.2612 Carolyn Seeley • 949.487.7606
» Governance, Legislation & Law
» Municipal Finance » Land Use & Planning » Personnel » Public Safety » Public Trust & Ethics » Public Works & Infrastructure » Youth Visit www.westerncity.com and click on “Topics” to read helpful articles that give you both the big picture on statewide issues and detailed examples from cities throughout California.
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Photo/art credits Cover: Virunja/Shutterstock.com
Page 9: badge graphic, Lvcandy/Shutterstock.com
Page 3: Pasadena City Hall, Jamie Pham, courtesy City of Pasadena; tablet photo, Denys Prykhodov/Shutterstock.com
Pages 10, 11: top, Blazej Lyjak/Shutterstock.com; bottom, Igorsky/Shutterstock.com
Page 4: Pasadena City Hall, Jamie Pham, courtesy City of Pasadena
Page 12, 13, 23: Premysl/Shutterstock.com
Page 5: Reno Martin/Shutterstock.com Pages 6, 8, 9: stationery items, A-R-T/Shutterstock; mountain graphic, Mike McDonald/Shutterstock.com; city logo, Taber Creative Group
Page 12: Raifu/Shutterstock.com Page 14: Courtesy City of Riverside and League of California Cities Page 16: Dvarg/Shutterstock.com; Courtesy City of Redlands and League of California Cities Pages 20, 21: Worac_sp/Shutterstock.com
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SmartRiverside Transforms Community and Fosters Innovation, continued from page 15
These funds help sustain all costs associated with the digital inclusion program.
SmartRiverside’s e-waste center collects more than 10,000 pounds of
Winning Results
Contact: Lea Deesing, City of Riverside chief innovation officer and SmartRiverside executive director; phone: (951) 826-5109; email: ldeesing@riversideca.gov. ■
SmartRiverside serves as Riverside’s platform for innovation. It has helped transform the city by promoting high-tech businesses, encouraging J
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collaboration and creating a forum for communication between students and high-tech organizations.
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e-waste each month, which generates $5,000 toward its computer refurbishment program.
SmartRiverside has outfitted schools, community centers and libraries with computer labs. Schools actively market the SmartRiverside Digital Inclusion program to help ensure that no student goes without technology or Internet access. Three former “at risk” youth are now fulltime employees of Xerox. One supervises the digital inclusion program. All are pursuing college degree programs and have learned skills that qualify them for employment in a technology position. One former staff member recently found a career position with a health-care facility in another state. SmartRiverside’s e-waste center collects more than 10,000 pounds of e-waste each month, which generates $5,000 in credits toward components needed for its computer refurbishment program. Its sponsorships and charity golf tournament generate more than $150,000 each year.
www.westerncity.com
Director of Public Works City of Manhattan Beach, California Manhattan Beach is an exciting and beautiful beach community located in the South Bay area of Los Angeles County. It is considered one of California’s most desirable communities in which to work and live. The Public Works department consists of four divisions: utilities, maintenance, civil engineering, and administration. The departments 2012-2013 Fiscal Year budget includes $32.7 million operating and $20.9 million in capital improvements, with the total 5-year CIP estimated at $97.6 million. Graduation from an accredited college or university with a Bachelor’s degree in Civil Engineering, Public Administration or a related field is required. Eight years of professional and managerial experience involving public works construction and administration, and project management work within local government is required. Submit a cover letter highlighting your experience with a resume to: City of Manhattan Beach, Human Resources Director, 1400 Highland Ave, Manhattan Beach, CA 90266. Current Salary Range $137,940$179,388 annually plus excellent benefits. A formal job announcement is available at www.citymb.info or by contacting Human Resources at (310)802-5258. TDD: (310) 546-3501 (hearing impaired). CLOSING DATE: 5:00 PM, Friday, June 14, 2013. EOE
City Manager, City of Colton, CA The City of Colton (population 53,000) is strategically located in California’s Inland Empire and encompasses approximately 18 square miles of fertile valley nestled against the scenic San Gorgonio Mountains. Colton has a staff of 278 full-time and permanent part-time employees and a proposed FY2013/2014 budget of $119.4 million; the City is now seeking a strong leader and skilled administrator to serve as City Manager. It is desirable that candidates for City Manager possess a strong background in financial and economic development issues, as well as familiarity with electric, water, and wastewater utilities. Experience in mixed-use development is sought in City Manager candidates, as is a successful track record in economic development initiatives. Candidates must possess a Master’s Degree in Public Administration, Business Administration, Management, or a related field and five years’ prior experience as a City Manager or Assistant City Manager in an organization of similar size and complexity to Colton. The salary for the City Manager position is open and dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date June 28, 2013. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com
Western City, June 2013
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Redlands311: Smartphone App Serves Residents, continued from page 16
The app is integrated with the city’s work-order system so reports can be filed directly, eliminating the need for employees to manually input data. The city worked with an outside vendor to develop the app, which uses smartphone capabilities in ways specifically geared
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to Redlands’ unique issues and concerns and also utilizes the city’s geographic information system. Now a resident can submit an issue via smartphone and attach a picture, video or audio file. The app enables the user to pinpoint on a map where the attached R
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ASSISTANT TO THE CITY MANAGER CITY OF SAN CARLOS, CALIFORNIA
Monthly Salary Range: $7,980 - $9,700 The City of San Carlos, California, “The City of Good Living,” located in the center of the San Francisco Bay Area is seeking an Assistant to the City Manager to perform managerial and administrative work of a highly responsible nature. This classification performs complex analysis, prepares reports and policy implementing documents, exercises leadership skills and establishes effective relationships with a variety of groups and individuals. The work is performed under the general direction of the City Manager. Qualifications: A typical qualifying background would be a bachelor’s degree from an accredited college or university with major coursework in public or business administration, or related field. A master’s degree in public administration or a related field is desirable. Five years of progressively more responsible community-based experience with a city or county government. Possession of, or ability to obtain, an appropriate valid California driver’s license, and a satisfactory driving record. For more information and to apply online, please visit www.cityofsancarlos.org. Application deadline: Open until filled.
City of Monterey – Finance Director
The City of Monterey is a historic and progressive coastal community located approximately 100 miles south of San Francisco and 300 miles north of Los Angeles. 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 Finance Department is comprised of three operating divisions including Administration, Accounting, and Revenue. The Department provides a full range of financial services including treasury, revenue collection, accounting and auditing, payroll, budgeting, long-term financial planning, risk management, and purchasing. The Finance Director is an Executive, at-will classification that provides highly responsible staff assistance to the City Manager and City Council and coordinates the development, analysis and implementation of the annual City budget. Eight years experience, including at least three years of management experience and the equivalent of a Bachelor’s degree in a related field is required. A CPA Certificate is highly desirable.
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information was recorded, describe the problem or issue, add a comment and submit the report to city staff. This can all be accomplished in less than a minute, and the app works on multiple smartphone platforms. The city launched the app in February 2011 and widely publicized its availability, using local newspapers and TV stations, social media and city council meetings to inform residents and businesses. City staff also redesigned the city website to allow residents to submit issues with the same details through the web portal, because not all residents have smartphones. App Expands Civic Engagement While other cities have deployed 311 apps, Redlands was the fourth and smallest local jurisdiction in California to deploy this app. The three other cities each had populations of more than 500,000. For a city the size of Redlands (population approximately 70,000) to deploy this technology was significant, not only for the vendor but also for residents and city staff.
The city has seen a new demographic of engaged residents, as younger people use the app to report problems and infrastructure needing repairs.
The salary for the Finance Director is $161,333, 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 June 28, 2013.
www.cacities.org
This was also the first smartphone app that Redlands had ever deployed. Due to the success of Redlands311, other departments have deployed, or are planning to deploy, apps to serve other needs. “Originally we expected Redlands311 to shift work requests from costly manual methods of reporting to less expensive automated methods,” says former Chief Information Officer David Hexem, under whose guidance the app was developed. But the app produced an additional and unexpected outcome. “While some residents have used the app to report issues they otherwise would have called the city about, a completely new demographic of resident has been engaged,” says Public Information Officer Carl Baker. “Younger people, many of whom had never interacted with their local government before, are using the familiar technology to report issues.” City leaders find this extremely significant, because enhancing local government transparency and accessibility to services is a priority for the city council and city manager.
Tracking the Results The city has received approximately 1,831 reports since February 2011 through the Redlands311 app. Users have noted satisfaction with the ease of the app and the speed of the city’s response in dealing with reported issues. J
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Use of Redlands311 continues to grow, and the city is working with its vendor to expand the app to other areas of civic engagement. Contact: Danielle Garcia, interim chief information officer; phone: (909) 798-7507; email: dgarcia@cityofredlands.org. ■ R T
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» LEMOORE CITY MANAGER The City of Lemoore, California is pleased to announce it is currently recruiting for the position of City Manager. Base Salary is negotiable depending on qualifications. The Ideal Candidate will be:
» A strong, consistent, and approachable leader with outstanding team-building skills that is capable of clear delegation, holding employees accountable, and addressing conflicts directly. The ability to openly and clearly communicate with staff will be critical » A transparent communicator willing to engage in open dialogue with the City Council, citizens, and staff at all levels » Knowledgeable of Lemoore’s current economic and demographic challenges, and focused on improving the economic climate of the City through expanding development, business, and employment opportunities » Capable of promoting mutually beneficial relationships with NAS Lemoore, Lemoore Unified School District, West Hills Community College, and Kings County » Strong background in public sector finance is preferred Application brochure and City of Lemoore application may be obtained at www.lemoore.com/human_resources. Application deadline is June 17, 2013.
PUBLIC WORKS DIRECTOR – MONTEREY PARK Annual salary range is $116,000 – $148,000 annually, plus excellent benefits The City of Monterey Park is seeking a Director of Public Works who is a hands on leader and excellent communicator with outstanding interpersonal skills. Knowledge of civil engineering, principles and practices as applied to the field of municipal public works, including, planning, developing, designing, construction, operating and maintaining a variety of public works facilities. The new Director of Public Works will need to dedicate attention to achieving specific strategic plan objectives, and a dedication to providing exemplary services to all customers. Graduation from an accredited four-year college or university with major in public administration, civil or mechanical engineering or a related field is required. Masters degree is desirable. Certificate of Registration as a Civil Engineer (PE) either issued by the State of California or by a state having a reciprocal credential system is desirable. Visit: www.ci.monterey-park.ca.us for additional information and required application or call 626-307-1334. Deadline to file: 7/15/2013 5:00 P.M. Terms and conditions subject to change without prior notice.
www.westerncity.com
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Who Gets to Use Agency Seals, Logos, Letterhead and Other Insignia?, continued from page 9
Putting It All Together
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Director of Finance
The City of Hawthorne has been proudly serving its diverse community for 90 years. The City is seeking an expert professional who can assist and guide management on financing, budgeting, revenue management, accounting and related matters as well as advising the City Manager and the Mayor and City Council on long-term financial planning on policy matters. Graduation from an accredited four-year college or university with a degree in accounting, finance, business or public administration, or a closely related field, and at least ten (10) years of progressively responsible municipal finance work, at least five (5) of which were in a management capacity; or an equivalent combination of training and experience. Salary Range $104,484 – $142,728. Salary is supplemented by a competitive benefits package. This recruitment will remain open until filled but candidates are encouraged to apply by Thursday, June 13, 2013. For detailed recruitment brochure and to apply online, visit www.cityofhawthorne.com.
Public Works Director — City of Blythe, CA Salary: $94,000-$117,000 annually with comprehensive benefits plan. Responsible for directing Public Works activities including: street maintenance, engineering design, public works construction and inspection, the repair and maintenance of City infrastructure, park maintenance, fleet maintenance, the production and distribution of potable water and the treatment and disposal of wastewater. Applications are available from City of Blythe, 235 N. Broadway, Blythe, CA 92225. (760) 922-6161. Filing
Examining how other local agencies handle these issues provides a helpful starting place for determining which approach best serves your agency’s needs. To view sample policies, read the online version of this article at www.westerncity.com. (To submit sample policies for inclusion in online resources, email dfong@ca-ilg.org with links and/or pdfs.) After adopting policies that best suit your agency’s needs, make sure that officials and others — for example, candidates for local agency office — are aware of those policies. Including this information in newly elected officials’ and candidate orientation packets is a good first step toward that end. ■
More Resources online For additional information and links to related resources, read the online version of this article at www.westerncity.com.
Coming Next Month in Western City Why We May Mean “Local Diversity” When We Talk About “Local Control” Institute for Local Government Releases Updated Sustainability Best Practices Framework The Bay Delta Conservation Plan: An Overview and Local Perspectives Cathedral City’s Energy Action Plan Saves Dollars and Resources Sustainability’s New Normal: Capturing Multiple Benefits
deadline: June 28, 2013 at 4:00pm. EOE.
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www.cacities.org
Under California: Knowing What Lies Beneath, continued from page 13
Follow through with the operator to ensure that it has the tools and correct personnel in place to execute its safety plan. Meet with the franchisee or operator and review the plan and the likelihood of failure scenarios on the relevant pipelines. Review responses and shut-off procedures. Ensure that there is a lead contact person at the utility in case of an emergency. Consider requiring each franchisee to notify the city of any safety violations it self-reports or any violations the CPUC charges a franchise with committing. Request copies of all safety-related reports and communications the operator files with the CPUC.
prepared to handle a large-scale emergency involving flammable and explosive gas. 6. Develop a coordinated strategy for reviewing and permitting planned pipeline and other utility safety work in your community. Although cities are pre-empted from regulating the “design and construction” of utility pipelines, authority over the location of such pipelines and the “use and repair of the public streets by any public utility” could remain within the purview of municipalities as they issue encroachment and other permits. Encroachment permits should include conditions of safety requirements and indemnity provisions.
4. Review and evaluate operator public awareness plans.
7. Review the CPUC’s safety plans and determine how they impact your city.
Under federal and state law, each natural gas operator must also establish and implement a public awareness program that effectively informs the public and emergency response agencies about the utility’s operations. Therefore, evaluate each operator’s public awareness program and determine the degree of public education that may be appropriate given the nature of the underground facilities and product being transported.
The CPUC recently approved natural gas safety plans that involve large-scale repair, testing and construction on natural gas pipelines statewide. For example, PG&E’s 2012–14 Pipeline Safety Enhancement Plan alone provides for pressure-testing 783 miles of natural gas pipeline, replacing 186 miles of pipeline, upgrading 199 miles of pipeline to allow in-line inspection, and installing 228 automated shut-off valves.
5. Participate in a disaster preparedness exercise.
Gather information about how CPUCmandated natural gas safety plans may affect your community’s infrastructure. Consider the repair, testing and construc-
Carry out a disaster exercise in the city, and require the participation of the utility and operator under the franchise agreement. It is in the public’s best interest for cities to be
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tion activities proposed for your community and develop a comprehensive approach for reviewing and permitting the planned improvements, including conditions the city prefers related to the location, use and repair of affected city streets. Conclusion Cities should not rely solely on natural gas and other utility pipeline operators to maintain and operate safe systems. Nor should cities trust that utilities will provide city staff with necessary details before an emergency occurs. A city has legal options with its pipeline operator if the operator fails to provide safe service to city residents. Cities may also petition the Pipeline and Hazardous Materials Safety Administration and CPUC to investigate potential safety violations under the law. Cities would be well served by taking a more active role in gathering information on natural gas and other utility infrastructure in their communities and requiring operators to comply with applicable federal and state laws, franchise agreements and local permitting conditions to the extent possible or feasible. ■
Looking for Footnotes? A fully footnoted version of this article is available online at www.westerncity.com.
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Western City, June 2013
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