Western City June 2018

JUNE 2018 |

The Monthly Magazine of the League of California Cities®

®

Local Streets and Roads Awards Showcase Innovation p.19 Relaxation and Inspiration: A Summer Reading List p.6 U.S. Supreme Court Revisits Sales and Use Taxes in the E-Commerce Age p.11

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

Transportation Funding, Transparency and Accountability

By Carolyn Coleman

he League offers a variety of T new tools and resources to support cities’ transparency efforts.

6 City Forum

Relaxation and Inspiration: A Summer Reading List for City Officials and Staff

By Eva Spiegel and Jude Hudson

estern City asked League memW bers which books inspired them as local government leaders, and their recommendations comprise the magazine’s first-ever summer reading list. Whether you’re selecting books to take along on summer vacation or read at home, consider these intriguing titles.

11 Legal Notes

.S. Supreme Court U Revisits Sales and Use Taxes in the E-Commerce Age

By Holly O. Whatley and Gary B. Bell

he case involves a challenge to T South Dakota’s “remote seller compliance law” that imposes sales and use tax collection duties on retailers without a physical presence in the jurisdiction. If the court upholds the state’s scheme, the case could establish sweeping changes to how sales and use taxes are collected in the e-commerce age.

Three Ways to 13

Connect With Your Community’s Youth

By Hang Tran

onnecting with young people in C your city to promote civic education and engagement provides a number of benefits and has the potential to create a generation of active, informed citizens.

Local Streets and Roads 19

Awards Showcase Innovation

ities and counties are using new C technology to improve system efficiency and safety for motor vehicle drivers, bicyclists and pedestrians. These projects also reduce greenhouse gas emissions, thus helping to meet statewide goals designed to address climate change. And a safe, well-maintained and environmentally friendly local transportation system saves money over the long term for cities, counties and taxpayers.

Job Opportunities 25

Setting the Standard for Cooperative Purchasing Solutions The U.S. Communities Government Purchasing Alliance is a nonprofit purchasing cooperative that reduces the cost of goods and services by aggregating the purchasing power of public agencies nationwide. » Best overall government agency pricing » Competitively solicited by a lead public agency » Free registration — no user fees or commitments

Professional Services 31 Directory

Cover photo: DaveAlan

Visit the U.S. Communities Zone at the League’s 2018 Annual Conference and Expo and discover products and solutions for your city.

Sponsored by

®

President Rich Garbarino Council Member South San Francisco

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

Second Vice President Randon Lane Council Member Murrieta

Immediate Past President JoAnne Mounce Mayor pro Tem Lodi

Executive Director Carolyn Coleman

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

Magazine Staff Editor in Chief Jude Hudson, Hudson + Associates (916) 658-8234; email: editor@westerncity.com Managing Editor Norman Coppinger (916) 658-8277; email: ncoppinger@cacities.org Contributing Editor Eva Spiegel (916) 658-8228; email: espiegel@cacities.org Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256; email: maxwellp@cacities.org Administrative Assistant Savannah Cobbs (916) 658-8223; email: scobbs@cacities.org

leaguevents JUNE 7–8

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

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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 Ronald Berdugo Melissa Kuehne Corrie Manning Patrick Whitnell

27–28

Associate Editors Carol Malinowski Carolyn Walker

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Mayors and Council Members’ Executive Forum, Monterey The forum offers sessions to keep elected officials up to date on key issues.

Mayors and Council Members’ Advanced Leadership Workshops, Monterey The workshops offer local elected officials who attended the preceding Executive Forum an opportunity to explore in greater detail topics such as managing municipal finances and resources.

Design Taber Creative Group Advertising Design ImagePoint Design For photo credits, see page 26.

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

SEPTEMBER 12–14

League of California Cities 2018 Annual Conference & Expo, Long Beach The conference offers dozens of educational sessions, numerous professional development opportunities, hundreds of exhibits and a chance to participate in the League’s policymaking activities.

ED US IN G

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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 XCIV, No. 6.

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Supplied by Community Energy

FSC ® is an independent, not-for-profit organization that promotes environmentally appropriate, socially beneficial and economically viable forest management worldwide. Products with the FSC label are independently certified to ensure that they come from forests managed to meet the needs of present and future generations.

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First Vice President Jan Arbuckle Council Member Grass Valley

League of California Cities

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

For the latest information on League conferences and events, follow us on Twitter @CaCitiesLearn.

For legislative and policy updates and more, follow @CaCities.

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

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Executive Director’s Message by Carolyn Coleman

Transportation Funding, Transparency and Accountability Transparency and accountability are core values for local government and play key roles in building public trust and public confidence. The wide availability of technology has heightened people's expectations about transparency and accountability. Now that practically everyone is connected all the time, the expectation is that because you can share information immediately, you should share information immediately and you will. The public not only expects government to act faster, they also expect it to have good, reliable information to share with the public sooner.

2017), which combines dedicated funding with strong accountability measures, finally came together. SB 1 provides an additional $5.4 billion annually for the state and local transportation system, of which $1.5 billion is dedicated to city and county street and road repairs. For cities, it doubles the amount of road maintenance funds cities and counties will receive to fix their streets. In addition to SB 1, Proposition 69 — which will appear on the June 2018 ballot — provides constitutional protections to ensure several new revenue sources will be used only for transportation purposes.

In April 2017, following a multi-year effort to both educate and advocate for a comprehensive solution to address the deteriorating conditions of California’s streets and roads due to inadequate maintenance, a legislative solution materialized.

The Road Repair and Accountability Act of 2017, SB 1 (Chapter 5, Statutes of

Consistent with heightened public expectations, SB 1 also mandates that local governments comply with certain transparency and accountability measures as a condition of receiving these funds. These include annual project list reporting requirements, annual expenditure reporting requirements, and a maintenance of effort

www.westerncity.com

requirement that cities spend a baseline amount of funding so that past investments in road funding are not abandoned.

Combined with Prop. 69, all of these requirements help ensure public trust and confidence that government will follow through to make these long overdue investments in our transportation system.

Every community throughout California is already benefiting from the muchneeded funding provided by SB 1 that will improve the condition and safety of our local streets and roads with thousands of local transportation projects in the pipeline. These projects will make our roads safer and our commutes better by filling potholes, fixing bridges, paving streets and synchronizing traffic lights.

The League is partnering with cities to help educate and inform the public about the benefits these new resources are bringing to their communities and their lives. continued

Western City, June 2018

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Transportation Funding, Transparency and Accountability, continued

Bakersfield Uses City Website and Video to Inform Community About SB 1 Projects The City of Bakersfield has created a page on its website that explains SB 1’s purpose and provides detailed information on how the funding will be used to make improvements and repairs to local roads and infrastructure.

The city received $2.1 million in SB 1 funds in fiscal year 2017–18 and anticipates $6.4 million in FY 2018–19.

Based on estimates provided by the California Department of Transportation, the city expects to receive $86 million over the next 10 years. The website notes that this funding will provide the city with a unique opportunity to increase the investment in its transportation network.

An informative video posted on the site (at bit.ly/2rzm3kK) describes the funding levels and how the city is wellpositioned to receive additional funding by applying for hundreds of millions of dollars in grants through other components of SB 1. In the video, Bakersfield Public Works Director Nick Fidler describes the benefits of the SB 1 funding that will allow the city to complete much-needed deferred maintenance and put local people and businesses to work on the projects. In addition, the video emphasizes that these projects will improve driving conditions, reduce wear and tear on vehicles and make walking and bicycling safer.

Resources and Tools Designed to Promote Transparency Around SB 1 Activities

(CALCOG) — have developed extensive resources about SB 1, which are posted on their respective websites.

To help cities raise awareness of SB 1funded projects and inform residents about project benefits, the League and other SB 1 supporters are encouraging cities to couple traditional communication media tools (such as newspapers, TV and radio) with modern communication platforms (such as Facebook, Nextdoor, Twitter, etc.). The League and its SB 1 partners have generated a variety of resources that city officials can put to use immediately.

The League offers a comprehensive SB 1 toolkit to help city officials inform and educate their communities about projects and benefits made possible by SB 1 funding. The toolkit (at bit.ly/ 2FFp9ZC) includes:

Rebuilding California

• Frequently asked questions about SB 1;

The state’s Rebuilding California website (http://rebuildingca.ca.gov/map.html) offers an interactive map that allows you to search by city and county to find transportation projects in your area where SB 1 funds are being invested. The map displays SB 1 projects including bridges, pavement, drainage, traffic management systems, bike and pedestrian (active transportation) improvements and local streets and roads.

• The digital Rebuilding California SB 1 logo for online use;

Online Resources In addition to the Rebuilding California website, three organizations — the League, California State Association of Counties (CSAC) and California Association of Councils of Governments

• A template for a project list press release; • A sample project list resolution; • A template for project list social media posts;

• A sample op-ed about the local project list; • SB 1 sample op-eds for local officials’ bylines; • SB 1 social media post samples; • An SB 1 press release template, talking points and signage; • An SB 1 transportation funding update presentation; • A workbook on effective storytelling about transportation infrastructure; and • General guidelines and issues regarding the ballot measure advocacy activities of individuals.

The site also offers an interactive map showing the Pavement Condition Index for the city’s streets and roads, underscoring the urgent need for repairs, and lists upcoming projects with locations and time frames.

Bakersfield’s proactive approach in educating and informing residents about SB 1 projects offers a model for other communities.

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www.cacities.org

The CSAC SB 1 resource page (at bit. ly/2jrpA0Q) provides funding estimates sorted by county, SB 1 talking points, local project sample social media posts, a project list adoption press release template and more.

The CALCOG SB 1 Resources page (at bit.ly/2HRpuKT) offers similar tools for regional governments and includes public outreach and education materials.

Comprehensive Economic Analysis Though much of the focus on SB 1 relates to the significant improvements that will be made to our transportation infrastructure, the economic impacts of the $5 billion in annual investment funded by SB 1 must not be overlooked. The Economic Impacts of Senate Bill 1 on California is a report prepared by the American Road and Transportation Builders Association (ARTBA) and commissioned by the California Alliance for Jobs, the California Transit Association and Transportation California, a nonpartisan, nonprofit organization.

The 62-page report offers a comprehensive analysis showing that SB 1 will generate nearly $183 billion in economic activity and user benefits throughout all sectors of the state’s economy over 10 years.

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

The additional demand, in turn, will also support or create approximately 68,200 jobs per year, with over half of these jobs in sectors outside the construction industry. The full text of the report is provided in the toolkit, along with a press release from ARTBA that summarizes the report’s key findings, including: • User benefits will average $3.8 billion each year (or $38.2 billion over 10 years) in savings for drivers, transit riders and businesses — an annual savings of nearly $300 per household; • SB 1 will support the repair, repaving and reconstruction of over 84,000 lanemiles on nearly 19,000 miles of roadway, including more than 18,300 lane-miles of urban interstate and 7,000 lane-miles of rural interstate; • Better roads mean safer roads, adding up to $584 million in additional safety benefits, including reduced costs from highway crashes, fatalities and property damage; • Operating costs for drivers will decrease by an average of $818 million per year, or $8.2 billion over the next 10 years; and • The increased investment will help ensure the replacement of an additional 556 bridges, resulting in 387 fewer structurally deficient or functionally obsolete bridges.

The additional direct and indirect economic impacts over the 10-year period are also significant: • $145 billion in additional output and earnings will contribute $58 billion to the gross state product; • Sales and output by businesses in all sectors will increase by $112 billion; and • More than 682,000 new jobs will be created, resulting in $33 billion in additional earnings, which will also help stimulate economic growth.

By any measure, the economic benefits of this investment are substantial.

Conclusion Today’s widespread use of technology and online communications has raised public expectations about government transparency and its twin, accountability. This means that government at all levels must get smarter about sharing information in different formats across multiple platforms to inform and educate constituents. Through the use of technology, the League offers tools and materials that local officials can adapt and use right away without having to expend the time and resources typically associated with researching key facts and drafting press releases, editorials and social media posts.

Instead, they can focus on communicating vital information to their community and local media sooner.

SB 1 represents a major step forward in addressing the urgent infrastructure needs of cities statewide. Raising awareness of these local projects and direct benefits to our communities is vitally important to the long-term success of this historic investment.

The League will continue identifying new ways to use technology in supporting local efforts that increase transparency and accountability by sharing information about government investments with California communities. ■

www.westerncity.com

Western City, June 2018

5

Relaxation and Inspiration: A Summer Reading List for City Officials and Staff

by Eva Spiegel and Jude Hudson Summer is traditionally a time for kicking back, taking advantage of longer days and — for officials and staff in many cities — a summer recess when city councils suspend regular meetings. Because you may have some extra time this summer to relax, enjoy the great outdoors and catch up on reading, Western City asked League members which books inspired them in their role as local government leaders. Their recommendations comprise the magazine’s first-ever summer reading list for California city officials and staff. Whether you’re selecting books to take along on summer vacation or read at home, consider these intriguing titles.

American Nations: A History of the Eleven Rival Regional Cultures of North America by Colin Woodard. The author explores the distinct regional and divided cultures that have influenced the American identity and national issues. He also illustrates and explains why “American values” vary dramatically from one region to another. Recommended by Arcata City Council Member Paul Pitino.

Churchill & Orwell: The Fight for Freedom by Thomas E. Ricks. A New York Times Book Review Notable Book of 2017, this biography delves into the lives and history of two of the most influential British men of the 20th century and focuses on their work during the 1940s. Though Churchill played a larger role in the defeat of Hitler and the Axis, Orwell’s

reckoning with the menace of authoritarian rule in Animal Farm and 1984 would define the stakes of the Cold War. Recommended by Imperial Beach Mayor Serge Dedina.

The Daily Stoic: 366 Meditations on Wisdom, Perseverance and the Art of Living by Ryan Holiday and Stephen Hanselman.

Some notable historical figures — such as George Washington, Thomas Jefferson, Ralph Waldo Emerson and Theodore Roosevelt — embraced the philosophy and wisdom of the ancient Stoics.

Today, people from CEOs to Super Bowl-winning football coaches are turning to the Stoics for insights on resilience and more. Recommended by San José City Council Member Lan Diep.

Dig Where You Are: How One Person’s Effort Can Save a Life, Empower a Community and Create Meaningful Change in the World by Nan Alexander Doyal. The author presents stories that span the globe from Mumbai to San Francisco, Philadelphia and Sweden about seven individuals who took responsibility for the well-being of others and transformed lives and communities.

Recommended by Riverside Mayor Rusty Bailey.

Drawdown: The Most Comprehensive Plan Ever Proposed to Reverse Global Warming, edited by Paul Hawken. This book presents 100 substantive solutions to reverse global warming and climate change, based on meticulous research by leading

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

Jude Hudson is president of Hudson + Associates, a strategic communications consulting firm, and editor in chief of Western City; she can be reached at editor@westerncity.com.

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League of California Cities

www.cacities.org

scientists and policymakers from around the world. This compendium of carbon-reduction solutions across sectors includes maps, models and research. Recommended by Woodside Mayor pro Tem Daniel Yost.

Ego Is the Enemy by Ryan Holiday. Examples and case studies examine how ego (defined as people’s perception of their own self-importance) limits success. In an era that glorifies social media, reality TV and other forms of self-promotion, the battle against ego must be fought on many fronts. Holiday shows how it is possible to move past ego and achieve greatness. Recommended by Riverside Mayor Rusty Bailey.

Game Changers: Twelve Elections That Transformed California

by Steve Swatt, Susie Swatt, Jeff Raimundo and Rebecca LaVally.

The authors examine the state’s history through the lens of elections that shaped California’s political landscape and history, beginning with Leland Stanford’s gubernatorial race and ending with the passage of term limits in 1990. Recommended by El Centro Mayor Cheryl Viegas-Walker.

You may have some extra time this summer to relax, enjoy the great outdoors and catch up on reading.

Good to Great: Why Some Companies Make the Leap … and Others Don’t by Jim Collins. Working with a team of researchers, the author spent several years examining the common traits and qualities that distinguish great companies. Collins identifies key concepts that can be applied to management practice. Recommended by League Executive Director Carolyn Coleman.

Heavy Ground: William Mulholland and the St. Francis Dam Disaster by Norris Hundley Jr. and Donald C. Jackson. This book delves into the greatest civil engineering disaster in 20thcentury American history — how and why the St. Francis Dam was built, why it collapsed and the effect of this disaster on dam safety regulation. Recommended by Santa Clarita Mayor Laurene Weste.

It Worked for Me: In Life and Leadership by Colin Powell.

The four-star general and former U.S. secretary of state and national security advisor offers wisdom along with lessons and stories from his own experiences. Powell was the first AfricanAmerican appointed as secretary of state and also the first — and so far, the only — African-American to serve on the joint chiefs of staff. Recommended by Monrovia City Council Member Larry J. Spicer.

Leadership on the Line: Staying Alive Through the Dangers of Leading by Ron Heifetz and Marty Linsky. The authors, both Harvard faculty members, discuss the risks associated with leadership that can jeopardize one’s career and personal life and offer practical tools for leading change and straightforward strategies for personal survival. Recommended by Redwood City Council Member Shelly Masur.

The Past and Future City: How Historic Preservation Is Reviving America’s Communities by Stephanie Meeks and Kevin C. Murphy. Meeks, president of the National Trust for Historic Preservation, uses empirical research to describe in detail how preserving and repurposing historic buildings can help create vibrant neighborhoods and strengthen the local economy. Recommended by Burlingame Vice Mayor Donna Colson.

The Power Broker: Robert Moses and the Fall of New York by Robert A. Caro. This Pulitzer Prize-winning biography tells the story of the man who for almost 50 years shaped not only the city’s politics but also its public works and problems of urban decline. Recommended by Keith Curry, former mayor of Newport Beach. continued

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Western City, June 2018

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Relaxation and Inspiration: A Summer Reading List for City Officials and Staff, continued

Profiles in Courage by John F. Kennedy. This Pulitzer Prizewinning book remains a classic more than 60 years after it was first published. Written in 1955 when Kennedy was a junior U.S. senator from the state of Massachusetts, it profiles eight of his historical colleagues for their acts of integrity and political courage in the face of overwhelming opposition. Recommended by League President and South San Francisco City Council Member Rich Garbarino.

The Vanishing American Adult: Our Coming-of-Age Crisis — and How to Rebuild a Culture of Self-Reliance by Ben Sasse.

The author, a U.S. senator from Nebraska, writes about what he sees as the existential crisis facing America’s youth and the future of our democracy. A former college president, Sasse examines the factors contributing to the challenges facing young adults and outlines critical formative experiences to help shape engaged citizens.

Recommended by San Diego City Council Member Mark Kersey.

A Sand County Almanac by Aldo Leopold. Written in 1949, this collection of essays focuses on the diversity of the unspoiled American landscape, explores the natural world and highlights the effects of humankind on the land. The author’s perspective on land use remains timely and relevant. Recommended by Brisbane Public Works Director Randy Breault.

Walkable City: How Downtown Can Save America, One Step at a Time by Jeff Speck. Public health, sustainability and even the lagging economy, Speck argues, can be boosted by making cities more pedestrian friendly. Drawing on his background as a city planner and architectural designer, Speck lays out a 10-step plan for changing the way we build and think about our public spaces. Recommended by Sacramento Vice Mayor Steve Hansen.

To Kill a Mockingbird by Harper Lee. This Pulitzer Prizewinning American classic novel has captivated readers around the globe, selling over 40 million copies in 40 languages. Its story of racial injustice, hatred, prejudice and gender roles in the Deep South of the 1930s is told through the eyes of a 10-year-old girl.

Recommended by League Executive Director Carolyn Coleman.

CONNECTED COMMUNITIES ARE SMARTER COMMUNITIES

Share Your Favorites Western City is interested in hearing about the books that inspired you. Share your favorites with us; email the name of the book(s) with your name, title and city to editor@westerncity.com. ■

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U.S. Supreme Court Revisits Sales and Use Taxes in the E-Commerce Age

by Holly O. Whatley and Gary B. Bell

Nearly 26 years ago in Quill Corp. v.

North Dakota — at the dawn of the e-commerce age — the U.S. Supreme Court cemented the rule that a retailer must have a physical presence in a jurisdiction before that retailer has an obligation to collect the jurisdiction’s sales and use tax.

Much has changed in the years since, including the exponential increase in the e-commerce market. Today, trillions of dollars in goods are sold online and shipped throughout the United States — including billions to California’s approximately 230 sales and use tax jurisdictions — by retailers with no physical presence in the jurisdiction and thus no obligation under Quill to collect and remit use taxes from customers there. A

California customer is liable for use tax on purchases from out-of-state retailers regardless of whether the seller collects the tax. But as a practical matter, most consumers and some businesses fail to remit the tax on their own, which creates a tax collection gap.

The amount of money at stake is huge: California’s counties and cities received $7.1 billion in sales and use tax revenues in fiscal year 2015–16, the last fiscal year for which comprehensive data is available from the state Board of Equalization (BOE) and the California Department of Taxes and Fee Administration. And the BOE estimates that in fiscal year 2018–19, the total local use tax revenue losses related to e-commerce and traditional mail order will be $879 million.

It’s been said that what started in North Dakota could end in South Dakota. In a case now pending, South Dakota v.

Wayfair, Inc., the U.S. Supreme Court is poised to revisit the Quill rule. The case involves a challenge to South Dakota’s “remote seller compliance law” that imposes sales and use tax collection duties on retailers without a physical presence in the jurisdiction. If the court upholds the state’s scheme, the case could establish sweeping changes to how sales and use taxes are collected in the e-commerce age.

Congress Fails to Act — and States Step In Quill cemented the court’s earlier decisions holding that the Commerce Clause, which grants Congress the exclusive continued

Holly O. Whatley is a shareholder of the law firm Colantuono, Highsmith & Whatley, PC, and also serves as assistant city attorney of South Pasadena, Ojai and Sierra Madre; she can be reached at hwhatley@chwlaw.us. Gary B. Bell is senior counsel at Colantuono, Highsmith & Whatley, PC, and also serves as town attorney for the Town of Yountville and assistant city attorney for the City of Auburn; he can be reached at gbell@chwlaw.us. www.westerncity.com

Western City, June 2018

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U.S. Supreme Court Revisits Sales and Use Taxes in the E-Commerce Age, continued

What is a constitutional “substantial nexus” as it relates to remote sellers? power “[t]o regulate Commerce … among the several states,” requires a physical presence before a jurisdiction may constitutionally impose the duty on an out-of-state vendor to collect sales and use tax. Oddly, before Quill, the court moved away from the physical presence requirement for taxes other than sales and use taxes and developed a more flexible “substantial nexus” test, which examined the connection between the taxing jurisdiction and the person or activity taxed.

Yet in Quill the court justified retaining the physical presence requirement for sales and use tax collection obligations based on the benefits of a bright-line rule to establish clear boundaries on states’

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League of California Cities

abilities to compel collection of sales and use taxes. The court noted that “settled expectations” in the sales and use tax arena would foster investment, minimize uncertainty and reduce litigation. It further reasoned that Congress could — by enacting a federal statute — exercise its Commerce Clause power to decide the extent to which states could burden interstate commerce with a duty to collect use taxes. Congress repeatedly considered legislation on the topic, most recently via the Marketplace Fairness Act of 2015, but has failed to adopt any law to resolve the problem despite the court’s invitation.

In the wake of Congress’s failure to act, states have begun to step into the breach,

including South Dakota. Its “remote seller compliance law” imposes the duty to collect sales and use tax using a “substantial nexus” threshold in place of a physical presence. South Dakota requires the collection of sales and use taxes by any retailer that, in a calendar year: • Has gross revenues of $100,000 or more from tangible property, products or services delivered into the state; or • Has 200 or more transactions of tangible property, products or services delivered into the state.

The state argues this threshold is sufficient to establish a “substantial nexus” for its sales and use tax collection obligation to apply to vendors with no physical presence in the state. Not surprisingly, the defendant e-commerce giants Wayfair Inc., Overstock.com and Newegg disagree. continued on page 28

www.cacities.org

clockwise from bottom left The

Gonzales Youth Council conducts leadership training, reaches out to the community and engages young people; and two Fontana residents attend the Teen Leadership Summit.

Three Ways to Connect With Your Community’s Youth

by Hang Tran

Faced with residents’ low interest in civic engagement and the impending “silver tsunami” of retiring city personnel, cities are increasingly looking for ways to connect with youth in their communities.

Upcoming elections — coupled with the implementation of SB 113 (Chapter 619, Statutes of 2014), which allows 16- and 17-year-olds to preregister to vote — offer increased opportunities to engage young people in local government and civic life.

Connecting with your community’s youth to promote civic education and engagement provides a number of benefits and has the potential to create a generation of active, informed citizens.

Learning more about local government functions, roles and responsibilities also builds youth awareness of public sector careers. In addition, youths gain a better understanding of the importance of voting, volunteering and voicing their ideas and concerns when it comes to their community.

Cities throughout California are implementing a range of youth-focused civic engagement and education efforts, both small and large scale, that best meet local needs and align with available resources.

The examples presented here illustrate three ways cities can begin working with young people: Youth in Government Day, Governments Engaging Youth (GEY) programs and youth councils and commissions. continued

Hang Tran is a program coordinator for the Institute for Local Government and can be reached at htran@ca-ilg.org.

www.westerncity.com

Western City, June 2018

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Three Ways to Connect With Your Community’s Youth, continued

Youth in Government Day Conducting a Youth in Government Day serves as a great starting point for engaging your community’s youth due to its short duration and impactful program.

For a typical Youth in Government Day, cities organize students (usually high school level) to participate in a variety of activities over the course of a day. Such activities may include learning how city government works, participating in a mock council meeting, hearing speaker presentations from elected officials and/ or staff and touring City Hall and municipal facilities.

In October 2017, the City of Stockton hosted its third annual Youth in Government Day, which attracted about 75 students.

The city designed the event to be highly

interactive, with a Jeopardy-style game about government, panel discussions and Q&A sessions with city council members and a mock city council meeting.

Throughout the day, city staff and leaders stressed the importance of young people becoming change agents in their community to make it a better place.

“My office is working to provide the youth of Stockton more opportunities,” says Stockton Mayor Michael Tubbs.

“These range from internships to summer youth jobs and, more recently, our Stockton Scholars initiative, which will provide college scholarships to Stockton Unified School District students for four years of trade school, community college or a four-year university. The program will run for 10 years. We are investing in our youth.”

Fontana youths agree that the summit is an important asset to the community.

Governments Engaging Youth Programs GEY programs are blending civic engagement and work-based learning to provide youths with opportunities to become civically active and connected to local government careers through internships or job shadowing. These programs typically last two to four weeks during the summer months and include some form of classroom instruction and a work-based learning component.

(Some communities are expanding these programs to provide opportunities during the school year.) GEY programs are strengthened by a collaborative effort of the city and school district that leverages expertise and resources to deliver dynamic, effective programming.

The City of Elk Grove, in partnership with Elk Grove Unified School District, has implemented three successful iterations of Summer at City Hall, one type of GEY program. The two-week summer program, administered through the City Manager’s Office, provides opportunities for over 20 students to learn about local government. In addition, the participants research important community issues

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and propose solutions. The program also helps develop skills related to communications, public speaking and leadership.

Though the Summer at City Hall program has been in place only a few years, the city is working to continually expand the program. Elk Grove will implement internships instead of job shadowing in summer 2018, and students will receive summer school credit for participating. The city is also planning to expand the program’s duration to run four to six weeks.

“I loved meeting all of the guest speakers, from the mayor to the member of Congress and more. They were passionate and motivating,” says Maryyum Riaz, a former Summer at City Hall participant.

“I also enjoyed job shadowing in the Police Department, going on a ride-along and learning about law enforcement.”

Youth Councils or Commissions Youth councils or commissions are formal bodies, typically established through the passage of ordinances or resolutions, comprising young people primarily between the ages of 12 and 24. Responsible

The Gonzales Youth Council serves as a liaison between the community’s youth, city council and school board.

for advising and informing government councils or boards, youth councils hold monthly meetings with agendas and minutes. In many cases, youth councils also work to organize civic engagement opportunities or initiate educational campaigns to support the needs of local youth.

City of Gonzales Youth Council Champions Policy Change

Thanks to a long-standing practice of empowering and valuing youth voices in the community, the City of Gonzales has implemented a strong youth council.

At a community forum event in 2013, two youths approached the city council with the desire to be more directly represented in the decision-making process.

In response, Gonzales adopted a resolution to create two youth commissioner seats on the city council. In 2015, the city enhanced its engagement efforts by partnering with the Gonzales Unified School District to pass another resolution that established the Gonzales Youth Council (in addition to the two youth commissioners) and added two nonvoting youth seats on both the council and school board. Support for the effort comes largely through city resources, including a half-cent sales tax, and a few small grants in the council’s early stages.

“Gonzales is a young city,” says Gonzales City Manager Rene Mendez. “Youths in school make up almost one-third of our population. It’s important that we’re engaging the residents we serve, especially youth. continued

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Fontana Mayor Acquanetta Warren participates in the Teen Leadership Summit; a local reporter interviews members of the Gonzales Youth Council about the passage of a social host ordinance; and Gonzales Mayor Maria Orozco, center, and Assembly Member Anna Caballero (D-Salinas) join youth council members to discuss local issues. clockwise from top left

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Western City, June 2018

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Three Ways to Connect With Your Community’s Youth, continued

The Gonzales Youth Council serves as a liaison between the community’s youth, city council and school board. Its key functions include advocating for youth on important community issues by reviewing and researching vital information, making presentations and providing recommendations to the city council and school board. The Gonzales Youth Council is composed of two youth com-

missioners and about 10 students from grades 7–12. In addition to meeting the first and third Monday of the month in city council chambers, the youth council participates in leadership training by working directly with elected and top city officials and engages in quarterly service projects that benefit the community.

Since its establishment, the Gonzales Youth Council has addressed many key and sometimes controversial topics, including immigration, marijuana and

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alcohol consumption by minors, that affect the well-being of all youths throughout the city. The council recently celebrated a major milestone with the passage of a “social host ordinance,” which imposes penalties for adults responsible for underage alcohol consumption on their property. Over the course of two years, the Gonzales Youth Council advocated for the ordinance by conducting community outreach and education, researching social host laws in other communities, maintaining a dialogue with the city council and eventually helping to craft the ordinance language. The Gonzales City Council passed the ordinance in September 2017.

“Being part of the lawmaking process was enlightening and made us feel welcome,” says Cindy Aguilar, a junior at Gonzales High School and a current youth commis-

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sioner. “We learned a lot. The best part was meeting with our city attorney to talk about the legal process and having all our questions answered.”

Fontana Mayor’s Youth Advisory Council Organizes Youth Leadership Summit

In the City of Fontana, the Mayor’s Youth Advisory Council (MYAC) is not only developing the leadership and skills of participating youths, but also focusing on how to provide similar opportunities for all youths throughout the community while promoting parent education. The dedicated group of 30 student members (middle and high school level) promotes opportunities for their peers to learn more about important issues, gain new skills and become more involved in their community.

One of the council’s signature events is a large annual Youth Leadership Summit.

Over the course of several months, the MYAC brainstorms content and speaker ideas for the summit that will be educational for youths and their parents. In addition to preparing the summit’s content and format, the MYAC plays a major role in marketing the event. MYAC members focus on promoting the summit through social media, flyers, canvassing and word of mouth. The free one-day summit provides an opportunity for Fontana youth and parents to learn more about locally relevant topics, network and attend interactive skills workshops. The 2018 Youth Leadership Summit drew more than 400 people and featured workshops on public speaking, culture and diversity, and healthy living. It also included an on-site resource fair with representatives from local colleges and businesses.

“This isn’t just another event — it’s a partnership among our schools, local agencies and businesses as well as surrounding communities. We are coming together as a team to build our next generation of leaders,” says Fontana Mayor Acquanetta Warren.

Fontana youths agree that the summit is an important asset to the community.

“This leadership summit was so inspiring and impactful,” says Jackie Jimenez,

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above The

Fontana Mayor’s Youth Advisory Council celebrates a successful Youth Leadership Summit that included actor and street ball player Jesse LeBeau speaking on motivation, right. an attendee and junior at Summit High School. “I can’t wait to get back to school and begin implementing the things I learned.”

Four board members, a chair, co-chair, secretary and historian lead the MYAC, which meets twice monthly. In addition to planning community youth events, participating members develop leadership, organizational and workbased skills. They also hear from different speakers each month to learn more about local government and careers. The city’s Community Services Department oversees the MYAC, which is largely supported by city funds.

Find More Resources Online Connecting with your community’s youth through civic engagement and education opportunities can have a lasting impact and help address local issues and challenges. The Institute for Local Government offers resources to help cities implement Governments Engaging Youth programs and youth commissions. For links to these resources and related information, read the online version of this article at www.westerncity.com. ■

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Western City, June 2018

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Local Streets and Roads Awards

Showcase Innovation AFTER

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The County Engineers Association of California (CEAC) and the League’s Public Works Officers’ Department announced the winners of the 2018 Outstanding Local Streets and Roads Project Awards at their annual spring meeting in Monterey.

The awards highlight local governments’ creativity and use of the latest techniques in road construction and repair to preserve and protect the public investment in local streets, roads and bridges.

Sponsored by the League, California State Association of Counties and CEAC, the Outstanding Local Streets and Roads Awards program honors cities and counties that employ innovative technologies and materials. Through these exemplary efforts, cities and counties are improving system efficiency and safety for all users, including motor vehicle drivers, bicyclists and pedestrians. These projects also reduce greenhouse gas emissions,

thus helping local governments, regional agencies and California meet statewide greenhouse gas reduction goals designed to address climate change. And a safe, well-maintained and environmentally friendly local transportation system saves money over the long term for cities, counties and taxpayers.

“People expect their local governments to wisely invest their tax dollars in their communities and implement cutting-edge solutions in delivering local services,” said Charles Herbertson, president of the League’s Public Works Department and director of public works for Culver City. “The projects receiving awards show the ways in which cities and counties can deliver much-needed transportation improvements that are cost effective and environmentally sound and help make our streets, roads and bridges safer.”

Meghan McKelvey, manager of department and member services for the League, and Eva Spiegel, director of communications for the League, contributed to this article. To learn more about the awards program, visit www.savecaliforniastreets.org.

“We’re recognizing five winning projects and several more finalists in each category,” said Jeff Pratt, president of CEAC and public works director for Ventura County.

“Each award highlights how local governments are implementing new and better ways to deliver projects on time, on budget and with as little disruption to the community as possible. These amount to a best practices manual for local transportation improvements.

Category: Overall Winner: City of Mill Valley, Miller Avenue Streetscape Plan With Full Depth Reclamation Miller Avenue functions as a central corridor serving the circulation, commerce and recreation needs of Mill Valley’s residents and visitors. The corridor was established in tandem with the railroad in 1889 and eventually incorporated median parking to accommodate cars and trains. continued

The City of Mill Valley improved safety for vehicles, transit, pedestrians and bicyclists.

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Local Streets and Roads Awards Showcase Innovation, continued

The Miller Avenue Streetscape Plan incorporates the street’s first comprehensive design with the primary goal of creating a safe and efficient multimodal corridor consistent with the complete streets principles of design, including features to accommodate all users — vehicles, transit, bicycles and pedestrians. The plan also improved the underground and roadway infrastructure, preserved and enhanced the corridor experience with new drought-resistant landscaping and rain gardens to reduce peak storm discharge into nearby creeks, maintained Mill Valley’s cultural features and improved the corridor’s overall infrastructure.

A 1,700-foot stretch of the project eliminated frontage roads and realigned the street to accommodate parking, travel lanes, accessible sidewalks and buffered bike lanes. Due to the large amount of reconstruction required, combined with elevation changes and difficult soil conditions, the roadway construction utilized full depth reclamation, pulverizing 18 inches of the underlying roadway that was reused for ground materials and overlaid with new asphalt. Full depth

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reclamation is 50 percent less expensive than traditional road repair methods and reduces excavation and the import and export of materials. Although rarely implemented in an urban setting, the city successfully applied this method of road reconstruction, which reduced both the number of truck trips hauling materials in and out and the cost of replacing the pavement. Repaving was done at night to minimize disruption to the community and the impact on local businesses; this also cut three to four weeks off the time needed to complete the project.

Category: Safety or Intelligent Transportation System Projects Winner: City of Monterey, Holman Highway 68 Roundabout The Holman Highway 68 Roundabout was designed to relieve congestion at the busy intersection of Holman Highway 68, southbound Highway 1 ramps and 17 Mile Drive near the entrance to Pebble Beach and the area’s only community hospital.

The selected improvements feature two closely spaced roundabouts, one of which is a teardrop roundabout located at the access point to 17 Mile Drive. Monterey’s roundabout solution mitigated congestion and eliminated traffic signals and stop signs to reduce vehicle idling times and greenhouse gas emissions. It also improved response times for first responders and access to the community hospital and local Fire Department. In addition, it helped protect the surrounding Monterey Forest and enhanced access to the existing scenic corridor.

The project was one of the first in the state to use the intersection control evaluation (ICE) process to help evaluate and identify the best solution for intersections located in the state right of way.

The process demonstrates the safety and operational performance advantages of roundabout control over signal control by providing a side-by-side comparison.

It also establishes a streamlined Caltrans approval process for consensus building.

The ICE performance measure matrix

www.cacities.org

made it easier to educate policymakers and the public on the roundabout as the key component of an unprecedented solution, leading to broad local support and full project funding. Leveraging the greater capacity of the roundabouts, the city ultimately replaced a previously approved widening project of State Route 68 that included a bridge replacement and signalized intersection. The project cost approximately $10.7 million.

Finalists City of Santa Clarita, Dynamic Lane Change. The intersection of Soledad Canyon Road at Sierra Highway carries approximately 80,000 vehicles daily. To address congestion and queuing at one of Santa Clarita’s busiest intersections during the afternoon peak, the city imple-

mented a dynamic lane that decreased queues by almost 800 feet and increased throughput by almost 10 percent. This also reduced greenhouse gas emissions and the amount of time residents spend in traffic. The project features a series of dynamic message signs to inform travelers when the lane is exclusively for right turns and when it is a right/through lane. Santa Clarita used early community outreach that explained the new concept on flyers, social media, print publications and the city’s website. Innovative data collection techniques were used to perform the before and after analysis. Drone videos survey the queuing at the intersection and observe the project’s results.

Real-time video analytics collect data on

specific performance measures to evaluate queuing and lane utilization.

City of Rancho Cordova, Citywide Intelligent Transportation System Project. Rancho Cordova constructed an intelligent transportation system (ITS) that fully connects the city network, increases safety, transcends jurisdictional boundaries and paves the way for a future with autonomous vehicles. In 2010, the city prepared an ITS Master Plan that led to grants from Caltrans and Sacramento Area Council of Governments for a combined $4 million. With an additional $1.5 million in local funds, the city invested $5.5 million to install over 20 miles of continued

Monterey used roundabouts to address traffic congestion and related issues at a heavily traveled intersection.

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Local Streets and Roads Awards Showcase Innovation, continued

fiber optic cable, 80 intelligent signal controllers, 40Â intersection cameras and Bluetooth travel time readers on Sunrise Boulevard. In addition, Rancho Cordova upgraded City Hall with a new traffic management center allowing live monitoring of traffic conditions, establishing critical center-to-center integration with the Sacramento County Traffic Operations Center. The newly completed project improves signal coordination, safety and emergency response and reduces congestion and greenhouse gas emissions.

City and County of San Francisco, 9th Street and Division Street Bike and Pedestrian Improvements. In 2014, San Francisco adopted Vision Zero, a road safety policy to increase safety and eliminate all traffic fatalities by 2024. It

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promotes a sustainable transportation system. In the SoMa district, 9th Street and Division Street is one of the higher risk intersections. Part of a larger wellused bicycle facility on Division Street, 10 of the 12 collisions on the street between 2008 and 2013 involved bikes where vehicles made right turns. The San Francisco Municipal Transportation Agency and San Francisco Public Works proposed a system to simplify traffic flow and provide a physical barrier between cyclists and pedestrians and moving vehicles. Improvements included raised crossings, corner safety islands with new curbs, painted bike lanes and pedestrian safety zones, a parking protected bikeway, a 13-foot-wide pedestrian sidewalk and the conversion of a one-way street to a two-way street.

Category: Efficient and Sustainable Bridge Maintenance, Construction and Reconstruction Projects Winner: Trinity County, Trinity County Bridge Demonstration Project Trinity County entered into an agreement with Central Federal Lands Highway Division to replace five county-owned bridges using design-build methods. The bridges were identified as structurally deficient or functionally obsolete and approved by Caltrans and the Federal Highway Administration (FHWA) for replacement under the FHWA Highway Bridge Program.

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Trinity County replaced five bridges that were structurally unsound or functionally obsolete; expedited construction minimized traffic disruption.

The county wanted to accelerate the project, augment staff duties and use “every day counts” design and construction methods. Using precast abutments and deck panels reduced construction time to as little as two weeks per bridge.

The design-build team was hired to design, construct and acquire the necessary rights of way. The pilot program cost $7.9 million, coming in at 10 percent below budget. It took 12 months to design the project, acquire rights of way and complete construction.

Finalists County of San Bernardino, U.S. Route 66 Bridge Preservation Program. The National Trails Highway (NTH), also known as Historic Route 66, was established as one of America’s first transcontinental

highways. San Bernardino County is responsible for maintaining NTH between the cities of Barstow and Needles. Built between 1929 and 1931, the corridor is the longest remaining original section of Route 66 and contains 127 timber bridges. This section is critical to the economic vitality of an underserved rural region larger than some states; it provides the only bypass to Interstate 40 and is deemed eligible for the National Register of Historic Places. The county embarked on an ambitious program to rehabilitate or replace structurally deficient historic timber bridges along a 111-mile stretch of this corridor. It successfully secured funding for the first priority group of nine bridges and is on track to secure funding for additional groups.

Yuba County, Alleghany Road Over Oregon Creek Bridge Rehabilitation.

This project involved rehabilitating the historic wooden-covered truss bridge in the Tahoe National Forest in northern Yuba County. The bridge is listed by Caltrans as a Category 1 historic bridge.

Though it is also listed on the National Register of Historic Places, the bridge was closed to vehicular traffic due to the possibility of catastrophic collapse. The project was necessary to improve public safety by providing a safe river crossing for all passenger-sized vehicles and small U.S. Forest Service fire trucks. Rehabilitation of this nearly 150-year-old covered bridge created the opportunity to sustainably maintain its historical significance by reusing and rehabilitating some original materials. continued

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Western City, June 2018

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Local Streets and Roads Awards Showcase Innovation, continued

Category: Efficient and Sustainable Road Maintenance, Construction and Reconstruction Projects Winner: City of Orinda, The 2017 Annual and Measures J and L Pavement Rehabilitation Project The City of Orinda needed to repair 92.7 miles of failed pavement. Using full depth reclamation, the city implemented the best and most sustainable technology available. When complete, the project will provide a perpetual pavement section that needs only the wearing surface maintained and does not require new aggregates or removal of the old material.

Full depth reclamation projects reduce energy consumption by 28 percent and greenhouse gas emissions by an average of 48 percent. Funded by residents through Measure J and L, the city’s pavement rehabilitation program completed reconstruction of 63 failed residential roads, repairing a total of 11.4 lane-miles in 2017.

Orinda became the first San Francisco Bay Area public agency to embark on such an aggressive road rehabilitation program using full depth reclamation. The city anticipates that using this sustainable process will raise its pavement condition index (PCI) rating from 41 to 88 — on a scale of 0 (failed) to 100 (excellent) — by 2019.

Finalists City of San Luis Obispo, Madonna-Los Osos Valley Road Rehabilitation Project.

San Luis Obispo recently completed the largest roadway maintenance and rehabilitation project in its history on two arterial streets, Madonna and Los Osos Valley roads. Approximately 25,000 vehicles travel these roads daily.

This project addressed the city’s multimodal transportation improvement goals by installing ADA-compliant sidewalk curb ramps and substantial roadway striping changes, including new green and buffered bike lanes, to improve safety for bicycles. The city used a variety of techniques to save taxpayer money and reduce environmental impacts. Pavement maintenance treatments included base repairs, micro-surfacing and full depth reclamation, which reduced transportation and trucking project needs and

lowered greenhouse gas emissions by 75 percent compared with a conventional process. These methods saved $800,000 and preserved 8,300 cubic yards of materials that otherwise would have needed to be removed for disposal.

Los Angeles County, Susana Road Reconstruction Project. Since 2008, Los Angeles County has used sustainable pavement treatments to preserve and improve the quality of its roads in a costeffective and environmentally responsible way. Limited resources and the state mandate to reduce greenhouse gas emissions under AB 32, the Global Warming Solutions Act of 2006, served as the motivation underlying the county’s sustainable approach. Susana Road is located in an industrial section of the unincorporated community of Rancho Dominguez.

The 2-mile-long arterial road was in poor condition due to significant heavy truck traffic. The reconstruction project includes preserving roads in good condition first, using recycled materials in pavement treatments and reusing materials in place when reconstructing roads.

The county estimated that using this sustainable reconstruction method saves $3.2 million and achieves significant environmental benefits. continued on page 31

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Residents in the City of Orinda passed two local measures to fund the repair of failed pavement.

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Display Advertising

Western City magazine’s job opportunity section is the source for job seekers looking for positions in local government. When you place a job opportunity ad in Western City

Call Pam Maxwell-Blodgett at (800) 262-1801 to place a display (boxed) ad or for rate and deadline information, or email admanager@westerncity.com.

Website Job Postings Display ads are posted on our website at no additional charge. But if you miss the deadline for getting your job opportunity ad into the magazine, you can post it on the Western City website right away.

To post your job opportunity ad on our automated website, visit www.westerncity.com or contact Savannah Cobbs, Western City’s administrative assistant; email: scobbs@ cacities.org; phone: (916) 658-8223.

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HOW TO APPLY: Resume, cover letter and City application should be completed and submitted to the City email account: jobs@ paramountcity.com. Job information may be obtained from the Human Resources Division at 16400 Colorado Avenue, Paramount, CA 90723 or downloaded from our website at www.paramountcity.com. See job flyer on website for more information and benefits.

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Public Works Director City of Carpinteria, CA

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he charming Southern California coastal community of Carpinteria (pop. 13,943) is located in Santa Barbara County just 12 miles north of Ventura. The City is known for having some of the best beaches in the state and is an outdoor enthusiast’s playground. The organization offers an incredible quality of work life in a supportive and dynamic environment. The Carpinteria Public Works Department is organized across two divisions – Engineering and Street Maintenance – and is actively involved in the execution of several capital improvement projects each year.

The ideal candidate will be a well-regarded public works professional with an impressive range of knowledge and experience. Accustomed to being highly engaged with his/her team, this Director will be a superior manager of people and projects. Seven years of increasingly responsible experience, which includes at least three years of management experience, and a Bachelor’s degree is required. Registration in California as a Professional Engineer is desirable. Local government experience is preferred.

Salary range up to $143,252; salary supplemented by attractive benefits package. This recruitment will close on Sunday, June 17, 2018. Visit www.tbcrecruiting.com for recruitment brochure and to apply online.

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Western City, June 2018

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CITY OF EL SEGUNDO HUMAN RESOURCES DIRECTOR El Segundo, a Los Angeles County beach city of almost 17,000, is located on the Santa Monica Bay. The City offers all the natural elements of fun and adventure that you’d expect from a beach city. Residents enjoy classic California living with ocean breezes and a healthy outdoor lifestyle.

City Administrator SUSANVILLE

Starting Salary: $101,907, DOQ with an excellent benefit package.

The City of Susanville is seeking a pragmatic leader with high ethics and integrity, who embraces open government and transparency while having solid management, financial, and organizational skills. The City Administrator shall be the administrative head of the government of the city under the direction and control of the city council, except as otherwise provided by the City’s Municipal Code and shall be responsible for the efficient administration of all affairs of the city which are under his or her control.

Qualified applicants will possess experience as a department head, assistant city manager or city administrator for a municipal government (7 years desired), including training at the local government level, with a background in contract negotiations, public policy and fiscal analysis work. A bachelor’s degree from an accredited college or university in public administration, business administration, or a closely related field is required, Master’s Degree preferred.

Please submit an application, resume, cover letter and unofficial college transcripts to City of Susanville, 66 N. Lassen St., Susanville, CA 96130, Attn: City Attorney. Applications available at www.cityofsusanville.org.

Open Until Filled With Current Application Deadline: June 21, 2018 at 4:00 p.m. EOE.

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The Human Resources Director oversees a department that provides a full array of personnel services including HR consultation services to management. The staff of 4.5 FTEs includes the Director, an HR Manager, HR Analyst, HR Assistant and an Office Specialist who also supports the main reception area and mailroom operations. The ideal candidate will be a strong, innovative leader with the proven ability to bring creative management and operational solutions to the organization.

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The new HR Director will have at least five years well-rounded experience Los Gatos, CA 95030 in municipal HR activities including four years at the division management 408.399.4424 level or higher, including familiarity of the full range of human resources Fax: 408.399.4423 functions in the areas of employee/labor relations, recruitment and email: jobs@averyassoc.net selection, classification and compensation, training and development, www.averyassoc.net benefits and risk/safety. A Bachelor’s degree in a related field is required with an MBA/MPA/MA highly desired. To be considered, please visit our website at www.averyassoc.net/ current-searches/ for a detailed job announcement and how to apply on the Avery Associates Career Portal.

Director of Parks & Recreation City of Santa Cruz, CA

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nown for its outstanding quality of life and incredible outdoor activities, the City of Santa Cruz (pop. 64,465) is located just 75 miles south of San Francisco between the Santa Cruz Mountains and Monterey Bay. This coastal city has long-been known for its superior recreation programming, exceptional facilities, and beautiful parks and open space. The Parks & Recreation Department is currently organized across two divisions and is supported by a staff of 97 FTE and an annual operating budget of $17 million.

Reporting to the City Manager, the Parks & Recreation Director will be a talented people manager who proactively invests in mentoring and developing team members. He/she will be a high energy leader known for inspiring innovation and encouraging fresh ideas and creative problem solving. Five years of progressively responsible experience in the parks and recreation field, that includes at least two years of management experience, and a Bachelor’s degree is required.

Salary range up to $188,604. Compensation also includes an attractive benefits package.

This recruitment will close on Sunday, June 24, 2018. Please visit www.tbcrecruiting.com for brochure and to apply online.

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Photo/art credits Cover: DaveAlan Page 3: Sanjeri Page 4: DougBennett Page 5: Kali9 Page 6, top: Kaweestudio Pages 6–7: HuePhotography Pages 10–11: Pixelfit Pages 13–17: Courtesy of the City of Fontana, the City of Gonzales and the Institute for Local Government

Pages 18–19: Courtesy of the City of Mill Valley Pages 20–21: Courtesy of the City of Monterey Pages 22–23: Courtesy of Trinity County Page 24: Courtesy of the City of Orinda Page 31: Courtesy of the City and County of San Francisco

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Current & Upcoming Opportunities Santa Clara Valley Water District, CA Assistant Officer - Water Supply Assistant Officer - Water Utility Enterprise

The Santa Clara Valley Water District strives to provide Silicon Valley with safe, clean water for a healthy life, environment, and economy. The District is now seeking an Assistant Officer for Water Supply as well as an Assistant Officer for Water Utility Enterprise.

The District is seeking candidates with civil engineering expertise, seasoned professional judgment, and effective communication skills. The ideal candidate will possess the ability to organize and prioritize a variety of projects and multiple tasks in an effective manner to meet critical deadlines. A Bachelor’s degree in Civil Engineering or a related field is required; a Master’s degree is highly desirable. Candidates should possess a minimum of five (5) years of experience in exercising management authority in the area of capital program/public works. Experience in supervision of staff, including preparation of performance evaluations and training and development plans is desired. The salary range for the Assistant Officer position is $140,296-$199,888 annually; placement within this range will be dependent upon qualifications. Contact Valerie Phillips at (916) 784-9080. Filing deadline: June 15, 2018

Santa Clarita Valley Water Agency, CA Assistant General Manager

The Santa Clarita Valley Water Agency is a public agency providing reliable, quality water at a reasonable cost to the Santa Clarita Valley, one of Southern California’s fastest growing areas and one of the best places to live, work, and play. The Agency’s service area has a population of 273,000 and covers approximately 195 square miles or 124,000 acres. The Agency is now seeking candidates for the position of Assistant General Manager. The successful candidate will have strong financial acumen, including knowledge of debt financing and debt management, rate setting, and other long-term funding strategies, especially for capital projects. The Assistant General Manager oversees the Agency’s financial, risk management, information technology, facilities, and administrative activities, providing financial leadership for complex water supply transactions. A typical candidate will possess a Bachelor’s degree with major coursework in civil engineering, public or business administration, or a closely related field, as well as ten (10) years of progressively responsible administrative and executive management experience in the operations and management of a large, complex public water and/or wastewater service provider; a Master’s degree is highly desirable. The annual salary range for the Assistant General Manager is $182,187.20-$221,457.60; placement within this range is dependent upon qualifications. Contact Valerie Phillips at (916) 784-9080. Filing deadline: June 8, 2018

City of Madera, CA City Administrator

City of Rocklin, CA City Attorney

City of Mountain View, CA Planning Manager

City of Roseville, CA City Manager

• City of Arcata, CA – Chief of Police • City of Millbrae, CA – City Manager

• City of Milpitas, CA – Fire Chief • City of Riverside, CA – Library Director

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

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U.S. Supreme Court Revisits Sales and Use Taxes in the E-Commerce Age, continued from page 12

The amount of money at stake is huge.

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Challenging the Quill Rule South Dakota’s law was designed specifically to challenge the rule that Quill applied to remote sellers. In the years leading up to Wayfair, the court signaled a desire to revisit its decision in Quill.

In 2015, in Direct Marketing Association v. Brohl, Justice Anthony Kennedy in a concurring opinion stated: S

Police Commander

City of Menlo Park, CA

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onveniently located between San Francisco and San Jose in the Silicon Valley, the City of Menlo Park (pop.

32,000+) is known for its beautiful tree-lined neighborhoods, active commercial districts and fiscal stability. Home to Facebook and considered the “Capital of Venture Capital”, the city spans 18 square miles. The Menlo Park Police Department is supported by 76 FTE (54 sworn) and an annual budget of $18.4 million.

A high energy professional who embodies the values of community policing, the ideal candidate will also be an exceptional mentor with the proven ability to lead high-performing teams. In addition, superior communications and interpersonal skills along with exceptional critical thinking abilities will be expected. At least three years of supervisory experience with a California municipal or county law enforcement agency at the rank of Sergeant or above, a Bachelor’s degree, and California POST certification are required. Master’s degree preferred.

Current salary range is $147,663 - $215,426; placement within the range DOQE. Salary is supplemented by a competitive benefits package. Closing date: Sunday, June 10, 2018.

Visit www.tbcrecruiting.com to download recruitment brochure and apply online.

Teri Black • 424.296.3111 Bradley Wardle • 650.450.3299

FINANCE DIRECTOR CITY OF AVALON, CA

The City of Avalon is located on the easterly portion of Catalina Island, 22 miles south/southwest of the Los Angeles Harbor breakwater. The picturesque and leisurely seaport village of Avalon has a permanent population of around 3,500, with an annual visitor count of close to one million. Catalina Island is part of Los Angeles County. The Island’s primary industry is tourism.

The City of Avalon is recruiting for an experienced and innovative finance professional to serve as the City of Avalon’s next Finance Director. Application materials will be screened on a continuous basis. This recruitment is open until filled. Qualified applicants are encouraged to apply early. To be considered for this exceptional career opportunity, please email or mail your cover letter, comprehensive resume, five professional references and supplemental questions to: hr@cityofavalon.com or by mailing employment packet to: City of Avalon, Human Resources Department, P.O. Box 707, 410 Avalon Canyon Road, Avalon, CA 90704 The job announcement and supplemental questions can be found at our website: www.CityofAvalon.com.

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There is a powerful case to be made that a retailer doing extensive business within a state has a sufficiently “substantial nexus” to justify imposing some minor tax-collection duty, even if that business is done through mail or the internet. After all, “interstate commerce may be required to pay its fair share of state taxes.” This argument has grown stronger, and the cause more urgent, with time. When the court decided Quill, mail-order sales in the United States totaled $180 billion. But in 1992, the internet was in its infancy. By 2008, e-commerce sales alone totaled $3.16 trillion per year in the United States.

Justice Kennedy further noted that it was “unwise” to delay reconsideration of Quill and urged the legal system to find an appropriate case for the court to re-examine its holding. State and local taxing jurisdictions throughout the United States hope Wayfair is that case.

Implications for California Local jurisdictions in California are part of that hopeful crowd. California imposes a 7.25 percent sales and use tax, of which 1.25 percent goes to the city or unincorporated county where the transaction occurred. Counties and cities may impose an additional transactions and use tax of up to 2 percent, with certain exceptions, in 0.125 percent increments. Some other local agencies — such as transportation commissions — may impose an additional transactions and use tax.

If the court rules in favor of South Dakota in Wayfair, the tax gap in California should narrow significantly both for local jurisdictions and the state. How soon that will happen, however, is another

www.cacities.org

question. California already imposes use tax collection duties on remote sellers if those vendors have affiliates physically present in the state who refer potential customers to the vendor and if the vendor exceeds certain annual sales levels in the state. This is often referred to as a “click-through” nexus. A ruling in South Dakota’s favor in Wayfair could mean California need not limit its clickthrough nexus to those instances where the vendor’s affiliate is physically located in the state.

But unlike South Dakota, for remote vendors that have no affiliates in the state, California’s law sets no numeric economic nexus to trigger a remote seller’s obligation to collect the use tax from California customers. Instead, the Legislature adopted what is sometimes referred to as a “long arm” statute, because it imposes a tax collection duty to the maximum extent permitted by the U.S. Constitution. Specifically, California Revenue and Taxation Code Section 6203, subdivision (c), imposes the use tax collection obligation on “any retailer that has substantial nexus with this state for purposes of the commerce clause of the United States Constitution and any retailer upon whom federal law permits this state to impose a use tax collection duty.” The question remains, however, what is a constitutional “substantial nexus” as it relates to remote sellers?

The Supreme Court’s decision in Wayfair will undoubtedly provide some guidance.

But even if Wayfair overturns Quill, some issues may remain unresolved in the short term. For example, while $100,000 in sales or 200 transactions in South Dakota may establish a substantial nexus in a state with a population of less than 1 million, a court might not agree those same metrics constitute a substantial nexus in California with almost 40 million residents.

More litigation will likely follow Wayfair to sort out answers to questions like these and to establish the boundaries of the new rules if Quill is overruled. Even so, eliminating the physical presence rule will undoubtedly increase collections of use tax to the benefit of the state and

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local agencies in California, which can only help offset the loss of sales and use tax revenues caused by the e-commerce boom. A decision in Wayfair is expected by the end of June 2018. ■

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

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Recruitment Coming Soon!

City Manager Richmond, California City of Purpose The City of Richmond Values:

Honesty • Excellent Customer Service Teamwork • Commitment Innovation, Creativity and Risk-Taking

For further information contact: Pam Derby (916) 263-1401 E-mail: pderby@cpshr.us Website: www.cpshr.us

New opportunities . . .

Senior Civil Engineer Housing & Economic Development Manager City of Menlo Park

Deputy Public Works Director City of San Mateo

Housing Program Manager City of Vallejo tel. 424.296.3111

Western City, June 2018

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PeckhamMcKenney & Library Director

Presents Outstanding Career Opportunities City of Beaverton, OR

Ranked in Money Magazine’s Best Places of Live, Beaverton truly is “The Best of Oregon.” Located seven miles west of Portland, Beaverton is home to more than 95,000 residents and brings a richness of cultural diversity in a larger city that has never lost its small-town heart.

The Beaverton Public Library is the second busiest library in the state of Oregon with one main and one branch, and it serves a regional population of 142,000. With over 84,000 visitors annually; 300,000 items checked out; 2,000 programs; and annual circulation of 3.3 million, the Library receives a great deal of support from the community. The ideal candidate will be actively invested in the City of Beaverton; visible, approachable, and accessible within the libraries and community; and will possess excellent communication and interpersonal skills. The new Library Director will believe in the mission of libraries and, inherently, “sell the product.” A Master’s degree in library science from an ALA accredited school and 12 years’ experience as a professional Librarian in a full-service library, including 5 years in a senior management role is required. The annual salary range is $96,755.76 to $129,664.44 DOQE, and the City provides an outstanding benefit package.

Filing deadline is June 25, 2018. Contact Bobbi Peckham.

Public Works Director City of Gonzales, CA

The City of Gonzales is a quaint, rural agricultural community of 8,549 residents nestled between the rolling Gabilan Mountains and the picturesque Santa Lucia Range. Centrally located on scenic Highway 101 in Monterey County, Gonzales is 35 miles southeast of the Monterey Peninsula and 62 miles southeast of San Jose. Gonzales enjoys a beautiful natural setting and is a safe, friendly, family-oriented community with a relaxed pace of life. The Public Works Department is responsible for the design, construction, and maintenance of the City’s public facilities such as streets and sidewalks; water supply and distribution facilities; sanitary sewers; storm drains; basins; and flood channels; as well as the review and approval of all subdivision; development; grading; and public utility installation plans. The Department is also responsible for the maintenance of all City parking lots, vehicles, and stationary mechanical equipment and plays an important role in evaluating a variety of development applications as part of the City’s project review committee. The position requires at least five years of progressively responsible and varied work experience including construction, maintenance and operation of a variety of public works systems and facilities with specific experience in wastewater and water utilities and includes at least three years of management experience with direct oversight of staff, budgets, and administration. A Bachelor’s degree in engineering, construction management, public administration or a related field is highly desirable as is a Civil Engineer license. Salary range from $105,000 to $130,000 with comprehensive benefits.

Filing deadline is June 25, 2018. Contact Phil McKenney.

Fire Chief

City of Piedmont, CA Located in the beautiful Oakland Hills overlooking the San Francisco Bay, the community of Piedmont (pop. 11,000) is characterized by a stable, well-educated, and sophisticated population. Piedmont is almost entirely zoned for single-family dwelling residential use, and a significant portion of the city is located in canyon areas with urban/wild land intermix. A full-service charter city, Piedmont enjoys an outstanding team of 93 full-time public servants. Piedmont residents hold the Fire Department in high regard, and firefighters go the extra mile by providing concierge service. The Fire Chief oversees a department with three Captains, three Lieutenants, and 18 engineers, firefighters, and firefighter/paramedics.

The projected fiscal year 2018/19 departmental budget is $6.2 million. Experience with ambulance transport will be highly beneficial. Three years of command or supervisory experience and a four-year degree or equivalent is required. The current top step in the salary range is $187,543.

Filing deadline is June 29, 2018. Contact Bobbi Peckham.

“All about fit”

To apply, please visit our website at:

Peckham & McKenney

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Resumes acknowledged within two business days.

Detailed brochures are available at

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Local Streets and Roads Awards Showcase Innovation, continued from page 24

Category: Complete Streets Projects Winner: City and County of San Francisco, Mansell Streetscape Improvements Project Mansell Street was developed in the 1950s as part of a never-completed crosstown freeway and primarily served motorized vehicles. The traffic lane widths and three different posted speed limits encouraged speeding. Pedestrians had to walk on the street or climb over a guard rail and walk along an informal path to access various park facilities or to commute between neighborhoods.

Cyclists also had to share the road with vehicles traveling at speeds up to 45 miles per hour, and public transit users had to wait on the street for a bus.

San Francisco significantly improved safety on a street with numerous hazards.

Finalists Kings County, Kettleman City Safe Routes to School and Roadway Reconstruction Project. The Kettleman City Community Plan was developed as part of the Kings County 2035 General Plan. Extensive public outreach during the plan’s development revealed that residents’ primary concerns focused on excessive speeds along State Route 41 and the need for children to have a safe route to school. The project includes new pedestrian pathways, ADA-compliant ramps and widened roadways reconstructed using full depth reclamation with cement treatment. This approach reduced material costs and the project’s overall carbon footprint and created a shared area for bikes and on-street parking.

The project addressed pedestrian safety and bicycle access by reducing the number of vehicular lanes from four to two with one lane each direction, separating vehicular traffic and creating a multi-use path. In several sections, the project incorporated the construction of a sidewalk, bicycle facilities, safety improvements including raised crosswalks and flashing beacons at some intersections, and a corner bulb-out.

Street-level lighting, trees and landscaping and site furnishings were added to make this a complete streets project. In addition, the jogging path was paved with pervious asphalt to help reduce runoff and to keep the path dry for runners during wet weather.

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

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City of Beverly Hills, North Santa Monica Boulevard Complete Street Reconstruction Project. One of the main thoroughfares through Beverly Hills, North Santa Monica Boulevard has helped define the city since the 1930s.

The road had deteriorated with cracked sidewalks and damaged curbs, gutters and drainage inlets; it required a full reconstruction from subbase to surface for 1.5 miles of roadway. This complete streets project features environmentally efficient LED streetlights; fiber optic conduit; new curbs, gutters and sidewalks with new ADA-approved access ramps; roadway widening to accommodate a new 5-footwide bike lane; an upgraded cameraoperated traffic signalization system; and raised pedestrian crossings that provide traffic calming at 10 intersections heavily traveled by pedestrians. ■ D

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Bobbi C. Peckham • Phil McKenney

Peckham&McKenney www.peckhamandmckenney.com

Roseville, CA

866.912.1919

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Western City, June 2018

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