November 2011

N O V E M B E R 2 011 |

The Monthly Magazine of the League of California Cities

The League Steps Up On Pension Reform p.12 Realignment or Community Corrections? p.3 Finding Funds for Sustainability p.11

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CONTENTS 2 3

Calendar of League Events

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Executive Director’s Message

“Realignment” in Any Other State Would Be Called “Community Corrections”

is largely driven by a need to drastically reduce prison populations by 25 percent over the next two years.

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Investing in sustainability leads to healthier communities and improved economic vitality while saving money, conserving natural resources and protecting the environment.

12

Pension costs for most California municipalities are likely to increase 25 percent or more in the next three years. If sizable increases in pension costs are not mitigated, many cities will be forced to further reduce services and staffing to fund the pensions of those who remain on the payroll or are retired from service.

California Expands Efforts To Collect Taxes From Internet Sales: Local Agency Revenues to Benefit

By Dan Carrigg

9

News from the Institute for Local Government

Intergovernmental Collaboration Through Joint Use of Facilities Local agencies throughout California are employing joint-use agreements as a tool to stretch taxpayer resources as far as possible in service to shared constituents.

The League Steps Up on Pension Reform

By Rod Gould

City Forum

Not collecting taxes on sales provides out-of-state online retailers a significant price advantage over instate “bricks and mortar” businesses. As online commerce continues to grow, a solution to the use-tax gap becomes increasingly urgent.

Sustaining Your Sustainability Programs

By Yvonne Hunter and Steve Sanders

By Chris McKenzie The California corrections realignment plan is sweeping and aggressive. Instead of trying to accomplish a decline in prison population over a gradual period, the California plan

Sustainable Cities

19

California Cities Helen Putnam Award for Excellence

Brea Uses Collaborative Model for Budget Planning

21

Job Opportunities

31

Professional Services Directory Cover design: Stephanie Faiferek.

Images by Shutterstock: hourglass, Heizel; sky, Kuz’min Pavel; dollar steps, Dolgin Alexander Klimentyevich

President Michael Kasperzak Vice Mayor Mountain View

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

First Vice President Bill Bogaard Mayor Pasadena

Second Vice President José Cisneros Treasurer San Francisco

Immediate Past President Jim Ridenour Mayor Modesto

Executive Director Chris McKenzie

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

leaguevents

Magazine Staff Editor in Chief Jude Hudson (916) 658-8234 e-mail: <editor@westerncity.com>

november

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

15 – 16

Legislative Briefings Learn about the latest legislative developments affecting cities. This information will be provided via webinar on Nov. 15 and on-site in Orange County on Nov. 16.

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

17 – 18

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

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.

Contributors Dorothy Holzem Christal Love Kelly Plag

30 – December 2

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

City Clerks New Law & Elections Seminar, Long Beach This seminar covers laws affecting elections as well as many aspects of the clerk’s responsibilities.

30 – December 2 Municipal Finance Institute, Long Beach This conference provides essential information for city officials and staff involved in fiscal planning for municipalities.

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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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. ©2011 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume LXXXVII, No. 11.

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18 – 20

New Mayors and Council Members Academy, Sacramento This vitally important training prepares newly elected officials for the demands of office and introduces them to the legal constraints on city councils.

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.

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

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Executive Director’s Message by Chris McKenzie

“Realignment” in Any Other State Would Be Called

“Community Corrections” I came to California in 1999 from Kansas, and I was often asked if I knew I was not “in Kansas anymore.”

In response I sometimes talked about the six years I spent as the Douglas County administrator earlier in my career. Douglas County is an urban county by Kansas standards and provides a full range of county services, including a program called “community corrections.” When I took the job of county administrator in 1986 I had no idea that I was about to be part of an innovative experiment in helping keep incarceration costs and recidivism rates lower in Kansas.

I really had no prior exposure to corrections other than having studied criminal law in law school and having represented a few offenders at the state and federal penitentiaries in Kansas as part of a prison law clinic. So the idea of having any responsibility for a community corrections department was a bit intimidating.

Lessons From Kansas and Other States About 30 years ago the Kansas Legislature looked at its spending curve on state prisons and did not like what it saw. Being good fiscal conservatives (and both parties were fiscally conservative, believe me), the legislators concluded that a growing share of the state budget (or increased taxes) would have to be devoted to building and operating prisons unless they made some major changes. Instead of continuing to build prisons, the Legislature decided Kansas would join a relatively small number of states at the time that were starting

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to deal with certain nonviolent felons and drug offenders at the community level.

The Legislature charged the Kansas Department of Corrections with providing state funding for 43 county-administered Community Corrections Departments to provide “intensive supervised probation” to nonviolent felons at a fraction of the cost of keeping them in state prison or county jail. Many of the programs provided services in multiple counties (Kansas has 105 very small counties).

The Douglas County Community Corrections Department still exists today and still provides intensive supervised probation to adults convicted of Level 5–10 offenses, which are predominantly nonviolent felonies, including drug offenses. Sentencing follows the Kansas Sentencing Guidelines Grid established in 1994. The program attempts to exclude people who have a long and serious history of resorting to violence and those who have a history of aggressive sexually deviant behavior.

According to the county, each offender is required to enter into an intensive supervised plan that may include vocational, educational and psychological or alcohol and drug treatment. The intensity of supervision ranges from jail work release and house arrest to frequent and unannounced contacts. Intensive supervision officers and surveillance officers make random curfew and drug/alcohol checks during evening and weekend hours.

Offenders are supervised based on a risk and needs scoring instrument that determines the appropriate supervision level. Through intensive supervision and counseling, the community corrections staff monitors offenders’ daily activities and provides opportunities for them to prepare themselves to remain law-abiding and contributing community members. If possible, they hold down jobs.

Offenders also are required to make regular restitution payments to victims continued

Western City, November 2011

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“Realignment” in Any Other State Would Be Called “Community Corrections,” continued

and pay court costs. Additional fees may be paid by some offenders in the form of reimbursements to help defray program costs. Others are given the opportunity to pay off court-ordered costs by participating in the Community Service Work Program.

According to the American Bar Association, community corrections programs reduce recidivism, maintain public safety and save money: Community Corrections reduces recidivism. The University of Connecticut conducted a study that compared offenders placed in alternative community sanctions to incarcerated offenders; the outcomes proved that those placed in alternative programs showed substantially lower re-arrest rates, some as high as three to one.

In another 2005 study, the Connecticut General Assembly found that two-thirds of offenders in the state’s Alternative to Incarceration network had not recidivated at the one-year follow-up point. In Kansas, community corrections programs have contributed substantially to a 7 percent drop in the prison population, a 50 percent reduction in parole revocations and a 36 percent reduction in new crimes committed by parolees. [Italics added for emphasis.]

Alternatives to incarceration are more equipped to fulfill the variety of needs of offenders at a lower cost than incarceration. In Cook County, Illinois, almost 70 percent of crimes in the county are drug-related, and 82 percent of those arrested test positive for a controlled substance; if drug treatment is delivered in the community as opposed to in prison, it not only provides offenders with necessary treatment and deters future drugrelated crime, it costs approximately $20,000 less per person per year, as well. In 2007, Texas established 3,800 combined beds for residential and out-patient treatment within communities at a savings of over $210 million for the 2008–2009 fiscal biennium.

Halfway Back, New Jersey’s community corrections program, assists parolees with job placement, various

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types of training, anger management and substance abuse treatment. In combination with the addition of risk assessment centers, it is estimated to have saved New Jersey taxpayers $14 million in fiscal year 2010.

So states like Kansas, along with Minnesota (the first), Texas, Illinois, Connecticut and others, have discovered that — when done correctly — community corrections programs can improve public safety and reduce public costs, recidivism and prison overcrowding. On the other hand, when done improperly, as some believe we are at risk of doing in California, it could be a disaster. So where are things right now in our state?

California’s Challenges On April 4, 2011, Gov. Jerry Brown signed the first of several bills comprising what is commonly called in California the “corrections realignment” plan. According to the bills, the plan’s imple-

mentation depends on the provision of “community corrections grants,” but the source of the grants is not identified.

After the governor and Legislature failed to agree on a tax extension package, nine months of funding was provided for the program in the 2011–12 budget year by a carve-out of slightly more than 1 percent of the state sales tax plus a small portion of Vehicle License Fee (VLF) funding.

The sales tax portion of the funding package, however, has become the subject of a lawsuit by certain school groups who argue aggressively that 40 percent of that funding should be going to schools under Proposition 98.

The California corrections realignment plan — like most things in California, it seems — is more sweeping and aggressive than similar efforts in most states.

Instead of trying to accomplish a 7 percent decline in prison population over a gradual period as was done in Kansas, the California plan is largely driven by a need to drastically reduce prison populations continued on page 6

County and city officials are prudent to “trust but verify” before counties take on these responsibilities permanently and cities deal with the law enforcement and housing shortages caused by the program.

www.cacities.org

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“Realignment” in Any Other State Would Be Called “Community Corrections,” continued from page 4

by 25 percent (approximately 30,000 prisoners) over the next two years due to the U.S. Supreme Court’s recent decision on prison overcrowding. In short, the proposal is more an emergency embrace of community corrections than a carefully approached transition.

Program’s Success Depends On Reliable Funding County and city officials are prudent to “trust but verify” before counties take on these responsibilities permanently and cities deal with the law enforcement and housing shortages caused by the program.

Most critical to the program’s success is a firm, constitutional commitment to provide funding on an ongoing basis so counties and cities and their other programs do not suffer the consequence that local agencies so often experience of picking up ever-increasing shares of statemandated programs.

This is precisely why the California State Association of Counties has announced its intention to sponsor an initiative to provide such constitutional protection.

At the recent League of California Cities Annual Conference our voting delegates

Any plan of such monumental scale that is put together this quickly and funded so poorly is bound to have flaws.

unanimously endorsed a resolution that, among other things, requests the Legislature to propose a ballot measure doing just that. I suspect we would support that ballot measure or a voter initiative doing the same thing, particularly if it addresses core municipal funding priorities such as the VLF, key public safety subventions and the front-line law enforcement costs associated with realignment.

The California community corrections model is a hybrid of traditional community corrections, which focuses on supervision of probationers — but with a new twist. As of Oct.1, 2011, offenders who commit nonviolent, nonserious, nonsex (felony) crimes that would previously have incurred a prison sentence are now receiving a county jail sentence of up to three years. In addition, these same low-level offenders are no longer in state

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parole custody following their release — instead, county probation is responsible for their post-release supervision. The number of these low-level offenders is estimated to be roughly 30,000 in the first year of the realignment program.

The legislative package also increases funding for services now provided by counties to support community placement of offenders, increases court security and facilitates construction of new county jail and re-entry facilities.

Your Vigilance Will Be Essential Any plan of this monumental scale that is put together this quickly and funded so poorly is bound to have flaws. For example, from a city perspective, where are the approximately thousands of former inmates who are no longer in state prisons or county jails going to live? With rents on the increase and redevelopment programs on ice due to legislative action in the last session (which is currently being challenged in court) along with federal and state affordable housing funds in short supply, there probably couldn’t have been a worse time to begin this social experiment.

Moreover, city VLF funds that are mainly used for public safety have been diverted, and no direct funding has been provided to cities for their costs associated with implementing realignment.

Finally, given the short lead time to plan this massive transition and the fiscal and legal pressures driving it, mistakes will inevitably be made. The county personnel who are planning this brave new world will do their best to ensure that public safety is not at risk and real progress is made to reduce recidivism. They will need your eyes and ears to spot the early problems and to propose solutions. At a minimum, be sure to point out the problems so they don’t fester into a crisis. n www.cacities.org

California Expands Efforts to Collect Taxes From Internet Sales: Local Agency Revenues to Benefit

by Dan Carrigg Shopping online has become a commonplace and convenient way to make purchases from out-of-state retailers — just select your items, enter your credit card number and click “Ship.” What about the sales tax? No problem.

The Internet retailer does not collect it.

While lost revenue from these transactions may have been negligible in the past, Internet sales have more than tripled since 2000, and California and its in-state retailers have had enough.

The effort to collect this revenue is complicated by Supreme Court decisions, Congressional inaction and consumer confusion, but the potential revenues for state and local government are enormous.

When out-of-state retailers fail to collect the sales tax, individual customers are supposed to pay a “use tax” to the state instead.

Although these taxes are owed, few people are aware of or understand the use tax. Since 1935, the use tax has been a companion to the sales tax, applying to the use, storage, transportation or gift of any item that would be subject to sales tax if it were sold in California.

Not collecting sales tax provides out-of-state online retailers a significant price advantage over in-state “bricks and mortar” businesses. In-state retailers must collect and remit sales taxes. They complain that their stores have become showrooms for products that consumers later purchase via the Internet. This dynamic hurts in-state businesses that employ California residents, and the decline in revenue reduces funds that support public services and jobs.

Although a voluntary use tax line has been on state income tax returns since 2000, the Board of Equalization (BOE) estimates that only 1 percent of consumers comply. The BOE estimates that more than $1 billion of use tax goes uncollected annually. As online commerce continues to grow, a solution to the use-tax gap becomes increasingly urgent. continued

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

www.westerncity.com

Western City, November 2011

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California Expands Efforts to Collect Taxes From Internet Sales: Local Agency Revenues to Benefit, continued

the largest Internet retailer, responded by collecting signatures for a referendum to overturn the legislation. This led to high-stakes negotiations between in-state retailers, legislators and Amazon.com that resulted in the passage of AB 155 (Calderon). AB 155 (Chapter 313, Statutes of 2011) delays the state’s additional efforts to collect use tax until late 2012 to provide an opportunity for Congress to adopt a nationwide law on the matter. If Congress fails to take action, AB 155 will take effect on July 31, 2012. If Congress does pass a law, but the state elects not to implement it before Sept. 14, 2012, then AB 155 will take effect on Jan. 1, 2013.

Efforts Related to Use Tax In 2011, three different bills were introduced in the California Legislature aimed at expanding the state’s efforts to collect the use tax. In late June, as part of the budget, the Legislature passed AB x1 28, which authorized the state to pursue various strategies to establish legal “nexus” that would require Internet retailers to collect and remit the tax. Amazon.com,

Many states have tried to compel collection of use tax, but Internet retailers have retaliated with lawsuits and economic sanctions. The roots of the debate trace back to interpretations of the Commerce Clause by the U.S. Supreme Court, including its 1992 ruling in Quill Corp. v. North Dakota, 504 U.S. 298. This case focused on whether a state could require Quill, a catalogue sales company, to collect use tax on its sales to residents within North Dakota. The company argued that it should not be required to collect and remit the use tax because it had no physical presence or employees within the state. The court agreed with Quill and,

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consistent with earlier cases, ruled that if remote sellers/businesses sell products via the Internet, mail order or telephone to customers within a state or to other states without having a physical presence in the state to which the product is shipped, then the sellers cannot be required to collect and remit a use tax.

Since Quill, states have struggled with how to collect use taxes and have explored various methods to establish nexus and physical presence. One significant effort has been the Streamlined Sales and Use Tax Agreement (SSUTA) — a voluntary effort by approximately 20 states to simplify their sales and use tax systems. Those states involved in the SSUTA believe that once simplification of various states’ sales and use tax systems has been demonstrated and achieved, states will be better positioned to lobby Congress to reverse the Quill decision and require all remote sellers (that lack physical presence within those member states) to collect and remit use tax to the various states and jurisdictions.

In 2009, the League reviewed the SSUTA and concluded that there are more questions than answers for California about potential participation. While the agreement offers the lure of capturing additional use taxes from remote sales, financial loss for the state and cities could occur due to alternative definitions of what can be taxed, potential restrictions imposed on local tax rates, and other restrictions potentially applied to local utility user’s taxes. Furthermore, both the state and local government could lose authority to both the SSUTA board, where it will have only one vote, and Congressional intrusion through initial legislation and future amendments. To read the League’s report on this issue, visit http:// bit.ly/usetaxSSUTA.

Stay Tuned California’s legislation will put additional heat on Congress to respond, but Congressional action could come with undesirable strings. California local governments should closely monitor related developments. If Congress fails to act, however, AB 155 will take effect and assist with California’s collection efforts. n www.cacities.org

News from the Institute for Local Government

Intergovernmental Collaboration Through Joint Use of Facilities Local agencies throughout California are employing joint-use agreements as a tool to stretch taxpayer resources as far as possible in service to shared constituents. Joint use refers to two or more entities sharing indoor and outdoor spaces like gymnasiums, athletic fields and playgrounds. The concept is simple: Multiple organizations share a resource to keep costs down and more broadly benefit the community.

In the past, joint-use agreements were based on trust or a handshake. However, liability issues dictate the use of a formal agreement such as a signed contract.

Formal agreements offer increased protections for both agencies and prevent misunderstandings related to maintenance, operations, liability, ownership or cost.

Resources for Joint Use of Facilities The Cities-Counties-Schools (CCS) Partnership has done important work to assist local officials in understanding the opportunities presented by joint use of facilities. To access this information, visit the CCS website at http://bit.ly/ nF4pfD, which includes its Stretching Community Dollars workbook (http://bit. ly/nbNONK).

In addition to the CCS Partnership, several organizations provide joint use of facilities resources to local officials.

California AfterSchool Network provides leadership and links to policy information, program quality resources, research and public awareness campaigns. These resources are available at www.after schoolnetwork.org.

www.westerncity.com

California’s Project LEAN (Leaders Encouraging Activity and Nutrition) is a joint program of the California Department of Public Health and the Public Health Institute that offers resources, particularly related to joint use of school facilities that promote community access to physical activities. Those resources are available at http://bit.ly/oomFil, which also refers visitors to http://www. jointuse.org.

The California School Boards Association (CSBA) is an association of nearly all of California’s more than 1,000 school districts and county offices of education. CSBA produces policy briefs, publications and other resources related to education. A sample policy used by school districts that elect to share school facilities and/or use community facilities is available on CSBA’s website at http://bit.ly/rd95yI. The Center for Cities and Schools is an interdisciplinary think tank based at the University of California, Berkeley. Relevant publications, such as the Partnerships for Joint Use: Expanding the Use of Public School Infrastructure to Benefit Students and Communities, are available at http:// bit.ly/qNVirC.

Elements of Success Successful joint-use partnerships tend to be those with clearly articulated goals, sources of funding and division of responsibilities, as well as ongoing communication with the community and a long-term commitment. In this time of reduced local agency budgets and scarce

CCS Partnership Update Effective July 1, 2011, the Institute for Local Government (ILG) began providing staffing services to the Cities-Counties-Schools (CCS) Partnership. Founded in 1997, the CCS Partnership was formed around the concept of improving the conditions of children and families and promoting intergovernmental collaboration. ILG is pleased to be expanding its scope of service to local officials.

resources, a collaborative joint-use approach can be a helpful, creative way to continue providing local services while reducing operation and maintenance costs.

For more information, read the online version of this article at www.westerncity.com. n

Western City, November 2011

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Thank you to our 2011

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Sustaining Your Sustainability Programs

by Yvonne Hunter and Steve Sanders

Finding the funds to support worthwhile programs presents a challenge in the best of times. This challenge is compounded when local budgets are stretched as tightly as they are today.

Nevertheless, many local agencies continue to support activities and programs to make their communities more sustainable, believing that investing in sustainability leads to healthier communities and improved economic vitality while saving money, conserving natural resources and protecting the environment.

Sustainability encompasses multiple issues and topics, such as energy efficiency and alternative energy, green fleets, land use planning and community design, recycling, water conservation and climate action planning.

Local agencies integrate sustainability into their policies, programs and activities in different ways, using a combination of grants, rebates and loans, enterprise funds and General Funds to support their efforts.

In many cases, a traditional activity may incorporate a sustainability component without the need for additional funds. In other cases, such as energy efficiency retrofits for agency facilities, the project saves money and benefits from rebates, thus paying for itself over time. And some projects may require special funding.

Supporting Energy Efficiency Investing in energy efficiency retrofits saves electricity and natural gas, money and natural resources and reduces greenhouse gas (GHG) emissions. The money saved from energy efficiency investments can be used to pay for future energy projects, support agency energy staff, or contribute to the General Fund. Financial

This field crew facility for the City of Santa Rosaâ&#x20AC;&#x2122;s Utilities Department was sited and designed to include solar photovoltaic panels.

continued on page 23

Yvonne Hunter is program director of the Institute for Local Governmentâ&#x20AC;&#x2122;s Climate Change Program and can be reached at <yhunter@ ca-ilg.org>. Steve Sanders is program director of ILGâ&#x20AC;&#x2122;s Land Use and Healthy Neighborhoods programs and can be reached at <ssanders@ ca-ilg.org>. To learn more, visit www.ca-ilg.org.

www.westerncity.com

Western City, November 2011

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The League Steps Up on The League board of directors took action on the issue of public pension reform in late July by adopting the City Managers Department Pension Reform Action Plan as League policy. This signaled the League’s willingness to engage directly on an issue that has far-reaching financial, political and labor-relations implications for all cities in California. By adopting the plan’s recommendations, the League is taking a leadership role in advocating responsible public pension reform. This is critically important because public agencies can’t sustain the long-term costs of current pension practices, and action is urgently needed due to the growing momentum of a frontal attack on public employee retirement security, orchestrated by partisan politicians and fueled by media seeking conflict and controversy.

T

he League board identified sustainable pensions as one of the organization’s three strategic priorities this year.

The city managers drafted a set of recommendations over six months, involving numerous statewide discussions and consultation with industry experts and the California Public Employees’ Retirement System (CalPERS) officials.

The League’s Employee Relations and Revenue and Taxation policy committees

also weighed in with their support of the city managers’ work.

Political and media interest in pension reform statewide has increased during 2011. Pension reform was at the vortex of the budget discussions between Gov. Jerry Brown and Republicans this spring, and the governor and Democratic leaders continue to refine a legislative package of pension reforms. Several groups are also continued on page 14

Rod Gould is city manager of Santa Monica and can be reached at <Rod.Gould@smgov.net>. Dwight Stenbakken, deputy executive director of the League, also contributed to this article and can be reached at <DStenbakken@cacities.org>.

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www.cacities.org

Pension Reform

by Rod Gould

Western City, November 2011

13

The League Steps Up on Pension Reform, continued from page 12

seeking to place pension reform initiatives on upcoming ballots if they can get the funding to circulate the petitions and finance a credible campaign. The language in some of the proposed initiatives could portend cures far worse than the disease.

Increasing Costs Are Unsustainable

of a police officer’s salary, 40 percent of a firefighter’s salary and 25 percent of a miscellaneous employee’s salary for their pensions alone. Clearly such contribution rates are fiscally unsustainable.

The causes of these increased costs include: • Large losses on pension investments due to the Great Recession in 2008;

The central issue is that pension costs for most California municipalities are likely to increase 25 percent or more in the next three years. Despite sizable recent investment returns by CalPERS and the other major pension funds in California, contribution rates are likely to remain high for a decade or more, and the stock market — so critical for pension investments — continues to be volatile. Indeed, analysts say that by 2013–14 it will be common for local governments to budget 50 percent

• Enhanced benefit formulas granted after 1999; • Increased lifespans of retired employees; and • Increased salary levels driving retirement formulas.

Most cities in California have experienced various levels of fiscal distress since

2007–08, resulting in service level reductions, layoffs, furloughs, aggressive takeback negotiations with labor, deferral of preventive maintenance on infrastructure, and use of one-time reserves for operating costs. If sizable increases in pension costs are not mitigated, many cities will be forced to further reduce services and staffing to fund the pensions of those who remain on the payroll or are retired from service. When combined with the fact that state and local government pensions are significantly more generous than those typically offered to private-sector employees, this creates a situation that is both fiscally unsustainable and politically untenable.

The good news is that even a casual review of media articles and reports from throughout California indicates that a majority of cities are engaged in vari-

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14

League of California Cities

www.cacities.org

ous levels of pension reform. A survey conducted by the League’s City Managers Department in February presented evidence that pension reform is picking up steam.

Principles for Reform The League’s policy on pension reform is based on four key principles: 1. Public retirement systems are useful in attracting and retaining high-performing public employees to design and deliver vital public services to local communities; 2. Sustainable and dependable employerprovided defined benefits plans for career employees, supplemented with other retirement options including personal savings, have proven successful over many decades in California;

The employee, not the employer, should pay the employee’s share of CalPERS costs.

continued

Committed to ... helping California’s communities realize their vision.

TOW N O F W I N D S O R

Windsor Town Council (from left to right: Steve Allen, Robin Goble, Cheryl Scholar, Sam Salmon, Debora Fudge) Windsor has a beautiful mixed-use traditional downtown - that was built less than 10 years ago! Meyers Nave was instrumental in helping the Town Council realize its vision. Mixed-use was an old idea, but modern zoning precluded much of the design we sought. Meyers Nave helped us work through the labyrinth and achieve truly spectacular results.

Meyers Nave has represented the Town since it’s incorporation in 1992. From tricky personnel issues to the latest in Redevelopment Agency concerns, Meyers Nave has provided outstanding counsel & legal advice/direction. I have developed personal working relationships with the Town Attorneys that give me a strong sense of trust and confidence.

Mayor Steve Allen - Town of Windsor OAKLAND LOS ANGELES

www.westerncity.com

SACRAMENTO SAN FRANCISCO

SANTA ROSA FRESNO

WWW.MEYERSNAVE.COM 800.464.3559

Western City, November 2011

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The League Steps Up on Pension Reform, continued

3. Public pension costs should be shared by employees and employers (taxpayers) alike; and

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— Brian Dougherty, FAIA, Dougherty + Dougherty Architects LLP

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LCW Annual Public Sector Employment Law Conference February 2-3, 2012 | Hyatt Regency San Francisco

Over 30 Years of Partnership with California Cities

The conference is geared towards public agency management and includes a series of presentations that offer practical lessons for success in the workplace: Demystifying the FLSA: 15 Common Solutions to Unknown Problems Negotiating Modifications to Retirement and Retiree Medical OMG! Did U C her Facebook Post?!?!

Post-Employment Challenges: Goodbye Employee, Hello Legal Action You are the Jury: Who Did What to Whom?

Visit www.lcwlegal.com/lcw-conference to view all available classes and to register.

Early bird registration ends January 3, 2012.

L C W Liebert Cassidy Whitmore

16

League of California Cities

Los Angeles | San Francisco Fresno | San Diego

4. Such programs should be portable across all public agencies to sustain a competent cadre of California public servants.

The policy guidelines for pension reform adopted by the League focus on the actions cities can take now under existing law and regulation to manage pension costs, as well as those steps that would require legislative action and perhaps even a constitutional amendment.

Steps Cities Can Take Now Even without changes in state law, there are a number of sensible steps advocated by the League that cities can initiate now through the collective bargaining process.

1. The employee, not the employer, should pay the employee’s share of CalPERS costs — 7 to 8 percent for miscellaneous employees and 8 to 9 percent for safety employees. Further, some cities may wish to negotiate for employees to pick up a portion of the employer’s CalPERS costs — up to current CalPERS limits — to better share the costs of pensions.

2. Pension calculations should be steered away from using the single highest salary year to calculate retiree pensions and instead move toward an average of the three highest salary years worked during an employee’s career. Further, cities should negotiate to eliminate the CalPERS contract option of including Employer Paid Member Contribution (EPMC) in the calculation of an employee’s base pay for retirement purposes.

3. Moreover, cities are negotiating — and should — for less costly retirement plans for newly hired employees while still providing fair and dependable benefits. Numerous court rulings have held that current employees have continued on page 18

www.cacities.org

Understanding Pension Fund and Labor Relations Terminology To assist local officials in their consideration of pension policy issues, the Institute for Local Government (ILG) has prepared a plain-language glossary (www.ca-ilg.org/PensionGlossary) that explains key terms and concepts related to pension plan benefits, funding and governance. The glossary is also a tool that local officials can make available to the media and the public to help them understand the issues local agencies are grappling with in this area.

In addition, because any employer proposals that change employee benefits are subject to state labor relations requirements, ILG has also prepared a separate glossary (www.ca-ilg.org/LaborRelationsGlossary) that contains key concepts related to the collective bargaining process.

These glossaries are a service of ILG, whose mission is to promote good government at the local level with practical, impartial and easy-to-use resources for local officials and the communities they serve. ILG is the nonprofit 501(c)(3) research and education affiliate of the League and the California State Association of Counties.

ILG welcomes links to all of its resources from local agency websites. For more information about ILG resources designed to improve understanding about local government issues, visit www.ca-ilg.org/localgovt101.

www.westerncity.com

Western City, November 2011

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The League Steps Up on Pension Reform, continued from page 16

vested rights to the pension programs offered to them at the time of hiring. Thus, it is legally questionable as to whether or not cities can alter those pension offerings for current employees. A reduced pension plan or “second tier” for new employees does not provide immediate budgetary relief, but will generate savings as employees retire and turnover occurs in the years and decades to come.

(The City Managers Department survey in February indicates that one in five cities has already implemented a second tier for new hires and that 61 percent of cities are currently negotiating pension reforms along the lines suggested here.)

The Nation’s Top-Ranked Public Finance Firm Building on a 100-year history in public finance which includes the financing of such iconic projects as the Golden Gate Bridge and Carnegie Hall, Orrick’s public finance lawyers have handled thousands of transactions of every type, including: Health Care, Public Power, Higher Education, School Finance, Housing, Securitizations, Indian Tribal Finance, Swaps and other Hedges, Infrastructure, Transportation, Nonprofit Corporations, Water and Wastewater, Pension Bonds, OPEB Bonds and Public Private Partnerships.

Orrick also is a leader in helping municipal market participants with post-issuance compliance and enforcement issues, such as Continuing Disclosure, SEC Investigations, Rebate, Defaults/Workouts, IRS Audits and Bankruptcies.

For more information about our public finance practice, please contact publicfinance@orrick.com. orrick, herrington & sutcliffe llp los angeles new york orange county portland sacramento san francisco seattle silicon valley washington dc

The League is engaging its partners, including labor leaders, to seek common ground.

Action Needed at State Level Successful pension reform also depends on action at the state level: • The League supports the repeal of SB 400/AB 616, which offered enhanced pension benefit formulas for state and local employees. These formulas are largely unsustainable and continued on page 29

18

League of California Cities

www.cacities.org

Brea Uses Collaborative Model for Budget Planning

Municipal employees work together with city council members and the community to solve Brea’s budget shortfall.

The City of Brea, located in northern Orange County, sensed changes in its business climate long before national economists coined the term “the Great Recession.” Brea could see negative trends in its revenue reports by early 2008. For the first time on record, sales tax revenue was flat, signaling the beginning of a decline that lasted 10 consecutive quarters.

Property tax, hotel tax and interest earnings were all down. And California’s budget crisis put remaining revenues at risk, as the state once again eyed local revenues to help close its multi-billion dollar deficit. Meanwhile, the demand for services began to rise.

Looking ahead to FY 2008–09, Brea saw a $2.9 million problem looming.

Left unchecked, the five-year analysis projected higher deficits going forward, reaching $3.1 million in FY 2012–13.

This gloomy scenario was compounded by low employee morale, the result of a major restructuring just three years earlier in which more than 30 positions were eliminated. Employees feared salary cuts, furloughs, layoffs, an increased workload and a very uncertain future. Labor unions hunkered down to avoid losing ground, as city officials struggled with how to

continue providing the high levels of city services that residents expected.

The challenge facing Brea was unlike any other. The economic downturn was expected to be worse and last longer than ever before, a prediction that would soon prove true. The state’s budget situation continued to deteriorate. Temporary, short-term budget solutions — such as deferring maintenance, spending reserves, instituting a hiring freeze and cutting line items — were not going to work for Brea this time.

Reality Check With The Community Faced with this new reality, the city council began by confirming community priorities. The city commissioned a scientific, statistically reliable study to assess the importance of and satisfaction with 27 specific city services. Results indicated that an overwhelming majority (96 percent) of the community were pleased with the city’s delivery of municipal services and continued on page 27

The City of Brea won the Award for Excellence in the Internal Administration category of the 2011 Helen Putnam Award for Excellence program. For more about the award program, visit www.cacities.org/helenputnam.

www.westerncity.com

Western City, November 2011

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TOTAL RETURN

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For rates and deadlines, visit www.westerncity.com and click on the â&#x20AC;&#x153;Advertiseâ&#x20AC;? link.

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Display and Classified Advertising

Website Job Postings

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

Display and classified 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.

Call Sara Rounds at (916) 658-8223 for classified advertisements. Columntype classified ads are $18 per line with a five-line minimum (approximately 35 characters per line). You must call to confirm receipt.

To post your job opportunity ad on our automated website, visit www.western city.com or e-mail <info@westerncity. com> for more information.

Did You Miss the October Issue?

Read it online at www.westerncity.com

We are passionate about local government and recruiting talented professionals with an affinity for public service! â&#x2013; â&#x2013; â&#x2013;

Economic Development Officer City Planner City of Santa Clara 5FSJ #MBDL t $BSPMZO 4FFMFZ t www.tbcrecruiting.com

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City Administrator, City of Montebello, CA The City of Montebello, with a population of just over 63,000 is a balance of quiet residential neighborhoods and industrial and commercial centers. Montebello is seeking a City Administrator to oversee a General Fund Budget of $45 million and a full and part time staff of approximately 600. The ideal candidate will carry out the policies and goals set by the Council. The successful candidate will possess the communication and interpersonal skills needed to work effectively with elected officials, City staff, the business community, and the general public. The ideal candidate will be a strategic thinker with a proven track record in fiscal management, economic development and organizational change. The individualâ&#x20AC;&#x2122;s professional career will be marked by innovation in responding to the evolving needs of the community and implementing the vision of the Mayor and the City Council. Candidates should possess a bachelorâ&#x20AC;&#x2122;s degree in public administration or a closely related field. A masterâ&#x20AC;&#x2122;s degree is desirable.

The salary for the incoming City Administrator is highly competitive at $195,000 annually; City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply on line at www.bobmurrayassoc.com.

Please contact Mr. Regan Williams at (916) 784-9080 should you have any questions. Brochure available. Closing date November 28, 2011. phone 916U784U9080 fax 916U784U1985 www.bobmurrayassoc.com

www.westerncity.com

Western City, November 2011

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Inglewood CALIFORNIA

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Find more job listings on our website! www.westerncity.com

CITY OF INGLEWOOD, CA

Announces a career opportunity for:

FINANCE DIRECTOR SALARY: $7,831 - $11,660/month The Finance Director is responsible for the management, implementation, and monitoring of the Cityâ&#x20AC;&#x2122;s $287.5 million operating budget to include all funds. The Finance Department consists of 70 FT & PT employees in the following divisions: t "$$06/5*/( 4&37*$&4 t #6%(&5 13&1"3"5*0/ "/% ."/"(&.&/5 t '*/"/$*"- 1-"//*/( "/% 3&1035*/( t 3&7&/6&4 ."/"(&.&/5 t (3"/54 ."/"(&.&/5 t 1":30-t 163$)"4*/( 8"3&)064& 4&37*$&4 5)& *%&"- $"/%*%"5& JT B IJHIMZ proficient manager and leader with a strong background in developing and managing various account funds including redevelopment funds; have the ability to develop monthly, quarterly, and yearly reports for various reporting agencies on a timely basis; a practical problem solver who acts as a liaison between finance people and non-financial people to reconcile diverse interests and concerns into a common understanding, acceptance, and support; and who can translate innovative ideas into cost effective practical solutions. .2 #" #4 JO 'JOBODF "DDPVOUJOH or related field and 7-yrs exp in public mOBODF BDDPVOUJOH UP JODMVEF ZST at a managerial level.

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League of California Cities

City Manager

City of Palmdale, CA â&#x20AC;&#x153;A place to call homeâ&#x20AC;?

Located in the heart of the Antelope Valley and surrounded by the Tehachapi and San Gabriel Mountains, the City of Palmdale has been one of Californiaâ&#x20AC;&#x2122;s fastest growing communities over the past 20 years and currently has a population of 153,000.

Appointed by five-member City Council, the City Manager will oversee a staff of 205 and $165M budget in this progressive and fiscally sound community.

Proven leadership experience in local government including municipal finance/budgeting and economic development is desired. Bachelorâ&#x20AC;&#x2122;s degree in public or business administration or related field required; Masterâ&#x20AC;&#x2122;s preferred. Salary is DOQ.

Please send your cover letter and resume electronically to:

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

Filing deadline is December 5, 2011.

City Manager City of El Cajon, CA 8JUI BO BWFSBHF PG EBZT PG TVOTIJOF QFS ZFBS BOE MPDBUFE KVTU NJOVUFT GSPN EPXOUPXO 4BO %JFHP JU T OP NZTUFSZ XIZ NPSF UIBO SFTJEFOUT BOE OVNFSPVT CVTJOFTTFT DIPPTF UIF $JUZ PG &M $BKPO BT UIF JEFBM MPDBUJPO UP DBMM IPNF 5IF DJUZ IBT IJTUPSJDBMMZ CFOFmUUFE GSPN JODSFEJCMF TUBCJMJUZ JO CPUI JUT FMFDUFE MFBEFSTIJQ BOE QSPGFTTJPOBM NBOBHFNFOU " GVMM TFSWJDF NVOJDJQBMJUZ &M $BKPO JT TVQQPSUFE CZ FNQMPZFFT BOE B ': (FOFSBM 'VOE CVEHFU PG NJMMJPO UPUBM CVEHFU NJMMJPO

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www.cacities.org

Sustaining Your Sustainability Programs, continued from page 11

assistance for energy efficiency projects may come from energy rebates and incentives from utilities, grants and loans from state agencies, or through working with energy services companies.

Palm Springs upgraded the lighting in its Police Department, reducing the cityâ&#x20AC;&#x2122;s annual electricity use by 131,192 kilowatt-hours and saving an estimated $17,054 annually. The city received a financial incentive of $18,878 from Southern California Edison to help reduce the projectâ&#x20AC;&#x2122;s cost.

Some agencies use part of their energy efficiency savings for future energy efficiency retrofits, with the remainder going to the agencyâ&#x20AC;&#x2122;s General Fund. El Cerrito uses a revolving loan fund to pay for projects that improve the resource efficiency of city operations.

Supporting Sustainable Community Design Many agencies have found that making their communities more sustainable can promote economic vitality and provide a competitive economic advantage. Speaking about his cityâ&#x20AC;&#x2122;s efforts in this area, Santa Clarita City Manager Ken Pulskamp says, â&#x20AC;&#x153;Weâ&#x20AC;&#x2122;ve taken the approach that a healthy economy and a healthy environment are not mutually exclusive. We are in the process of adopting a General Plan that promotes reducing the number of vehicle miles traveled, encourages public transportation and improves the number of jobs per household so that people do not have to commute. Weâ&#x20AC;&#x2122;ve really focused a lot on trying to reduce our greenhouse gas emissions.â&#x20AC;?

Planning for sustainable communities and economic vitality does not need to cost more. Cities can incorporate sustainability principles when they update or revise their General Plan. Zoning ordinances for infill developments or new subdivisions can encourage or require energy efficiency and green building features; promote walking, biking and transit; and reduce water use. Many developers want to include such features in projects as a marketing tool. continued

www.westerncity.com

Sustainability includes features such as commercial and residential mixed use.

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City Manager, City of Rancho Santa Margarita, CA â&#x20AC;&#x153;A Small City with the Soul of a Small Village.â&#x20AC;?

The City of Rancho Santa Margarita (population 49,000) is located along the foothills of the Santa Ana Mountains in the Southeast portion of Orange County. The City Council is seeking a City Manager who is a progressive, innovative leader and effective manager. The Council will be receptive to a strong and confident City Manager who offers his/her opinions and suggestions, but adheres to the will of the City Council. The ideal candidate should maintain open communication with Council Members and work cooperatively toward achieving the goals of the City. The ideal candidate will possess the highest level of personal integrity and honesty. He/ she will be a team player who embraces innovation, creativity and flexibility. An inclusionary Manager who empowers Department Directors and motivates them to work as a team will be best suited to the position. The ideal candidate will also be able to clearly assess the needs of the community and organization. A visionary manager who understands where the City should be headed and how to get there will be valued. A Bachelorâ&#x20AC;&#x2122;s degree in Public Administration, Business Administration or a related field is required Possession of a Masterâ&#x20AC;&#x2122;s Degree is preferred. A minimum of two years experience as a City Manager or Assistant City Manager is required. Strong financial management skills will also be valued. The salary is dependent upon qualifications; the City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com.

Please contact Mr. Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date November 11, 2011.

phone 916U784U9080 fax 916U784U1985 www.bobmurrayassoc.com

CITY OF LOS ALTOS 4HE #ITY OF ,OS !LTOS IS SEEKING A NEW #ITY -ANAGER 7ITH TREE LINED STREETS AND A SMALL VILLAGE ATMOSPHERE

,OS !LTOS POP APPROX IS LOCATED IN THE HEART OF WORLD FAMOUS 3ILICON 6ALLEY JUST MILES SOUTH OF 3AN &RANCISCO 4HE #ITY -ANAGER OVERSEES SIX OPERATING DEPARTMENTS AND EMPLOYEES ASSIGNED TO !DMINISTRATION AND &INANCE #OMMUNITY $EVELOPMENT 0OLICE 2ECREATION #ITY #LERK AND 0UBLIC 7ORKS 4HE NEW #ITY -ANAGER WILL BE AN ACTIVE COMMUNICATOR WHO CAN RESPOND TO THE VARIOUS QUALITY OF LIFE CONSIDERATIONS THAT William Avery & Associates Management Consultants ARE CRITICAL TO CITY RESIDENTS ! NUMBER OF MASTER PLANNING EFFORTS AND CAPITAL PROJECTS 31/2 N. Santa Cruz Ave., Suite A HAVE RECENTLY BEEN CONCLUDED SO THE NEW Los Gatos, CA 95030 -ANAGER WILL FOCUS ON IMPLEMENTATION AS WELL AS CONTINUING THE TRADITION OF 408.399.4424 CIVIC ENGAGEMENT THROUGH COMMUNITY CONNECTIONS 4HIS POSITION REQUIRES Fax: 408.399.4423 A RESPONSIVE AND COLLABORATIVE PROBLEM SOLVER WITH SOLID MANAGEMENT email: jobs@averyassoc.net AND ADMINISTRATION EXPERTISE ALONG WITH A "3 "! IN "USINESS 0UBLIC www.averyassoc.net !DMINISTRATION OR A RELATED lELD ! -ASTER S DEGREE IS HIGHLY DESIRABLE

CITY MANAGER

0LEASE SUBMIT COVER LETTER RESUME CURRENT SALARY AND lVE WORK RELATED REFERENCES TO "ILL !VERY OR !NN 3LATE BY $ECEMBER 3ALARY IS NEGOTIABLE DEPENDING ON QUALIlCATIONS 4HE #ITY OFFERS A COMPREHENSIVE AND COMPETITIVE BENElTS PACKAGE ! FORMAL JOB ANNOUNCEMENT IS AVAILABLE ON OUR WEBSITE AT HTTP WWW AVERYASSOC NET JOBS

Western City, November 2011

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Sustaining Your Sustainability Programs, continued

A prime example is a new mixed-use project with a hotel, restaurant and workforce housing in the City of Taft, projected to break ground in January 2012. At build-out, the 1.15 million square foot Sunset Rail project will have a vibrant mix of land uses that the city expects

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will revitalize the existing downtown and create more than $2 million per year in new revenue streams. Each building will showcase at least one sustainability feature. Consistent with the cityâ&#x20AC;&#x2122;s General Plan, the buildings will meet LEED Silver or equivalent green building standards.

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Richmond, with 101,000 residents, is located 16 miles northeast of San Francisco on a peninsula separating San Francisco Bay and San Pablo Bay. Many have described what the Mayor, Council, and City Manager Bill Lindsay have accomplished in the last few years as a major renaissance in the making. The city is transitioning to an in-house City Attorney and is seeking candidates with significant experience practicing public law in California. The proven ability to provide sound legal counsel as well as manage other attorneys is required. Salary range is $148,056 to $222,084 DOQ with competitive benefits.

Please send your cover letter and resume electronically to:

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

Filing deadline is December 2, 2011.

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League of California Cities

â&#x20AC;˘ Developing a form-based zoning code for commercial corridors in Richmond; â&#x20AC;˘ Creating a solar power pilot project on excess freeway right of way in Morgan Hill; and

City of Richmond, CA City Attorney

State funding can help plan for sustainability. The stateâ&#x20AC;&#x2122;s Strategic Growth Council administers a Sustainable Communities Planning Grant program funded through Proposition 84 bond funds. The first round was approved in December 2010, with additional rounds anticipated in 2011 and 2012. Grants approved so far include support for a variety of local planning projects, such as:

â&#x20AC;˘ Developing a specific plan to revitalize Victorvilleâ&#x20AC;&#x2122;s civic center.

Supporting Climate Action Planning While virtually all sustainability activities help reduce GHG emissions, some specialized activities focus only on climate action planning. GHG inventories identify the amount of GHGs produced by agency facilities and activities. Climate action plans provide a road map to help identify policies and programs designed to reduce GHG emissions, factoring in cost effectiveness and feasibility. While consultants offer services to help local agencies prepare GHG inventories or climate action plans, many free or low-cost GHG inventory or climate action plan services are available.

Having no budget to hire a consultant, the City of Redlandsâ&#x20AC;&#x2122; climate action task force and staff prepared the cityâ&#x20AC;&#x2122;s sustainability action plan using the Institute for Local Government (ILG) Climate Action and Sustainability Best Practices Framework as a guide. Council Member Jon Harrison says that doing so â&#x20AC;&#x153;gave us a great framework and access to resources that we could rely upon to research different topics and use in combination with information that was specific about our city.â&#x20AC;?

Local agencies can take advantage of free workshops and web-based tools to help them conduct GHG inventories and prepare climate action plans. These services

www.cacities.org

Funding Wizard Now Available California local agencies can use a prototype web-based tool to help identify funds for sustainability and environmental projects. The Funding Wizard (www.coolcalifornia.org/fundingwizard-home) searches for state and federal funds, rebates and other financial incentives to assist with reducing GHG emissions and support planning and development of sustainable communities. Categories include energy efficiency, green transportation, renewable energy, water conservation, recycling and waste prevention, green building and projects that contribute to improved air quality. Users select “local governments” as an eligible applicant, choose from a list of categories, and enter key terms or pick from a range of funding levels or application deadlines. Funding opportunities can also be sorted based on requirements for cost sharing and the specific agency or type of government jurisdiction offering the financial assistance.

are part of the Statewide Energy Efficiency Collaborative (SEEC), an alliance to help cities and counties reduce GHG emissions and save energy. SEEC is a collaboration between three nonprofit organizations, including ILG, and California’s four investor-owned utilities (Pacific Gas and Electric Company, San Diego Gas & Electric, Southern California Edison and Southern California Gas Company).

Some utilities offer support to prepare GHG inventories through pilot projects authorized by the Public Utilities Commission, and some air districts fund climate action planning. For example, the Bay Area Air Quality Management District funded GHG inventories and continued

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This multi-modal transit center accommodates commuters who bicycle to the local bus stop and train station.

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Douglas County, Nevada Assistant County Manager/ Chief Financial Officer

Please send your cover letter and resume electronically to:

On Nevada’s western border, framed by the Carson Range of the Sierra Nevada and Pinenut Mountains, Douglas County unfolds. With 53,000 residents, 573 employees, a budget of $170 million, Douglas County includes the unincorporated towns of Minden (county seat), Gardnerville, and Genoa. Reporting to the County Manager, the ACM/CFO is responsible for the Finance Division and will work closely with the County Manager, elected officials and county staff. Bachelor’s degree required, Masters strongly preferred with at least eight years of professional finance experience preferably in a governmental or public agency. Salary range is $87,256 to $118,580 DOQ with competitive benefits.

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

Filing deadline is December 5, 2011.

City Manager, City of Arcadia, CA Known as the “Community of Homes,” Arcadia is a full-service charter city with a diverse population of 56,000 located in the foothills of the San Gabriel Valley in southern California. The City is seeking a City Manager to oversee a full-time staff of 302, a General Fund budget of $48 million and an overall budget, including the Capital Improvement Program, of $80 million. Arcadia was twice named as the “best city in California in which to raise kids” and is committed to a service-oriented organization with standards that maintain a high quality of life for residents. The ideal candidate for this position is a proven leader, effective manager and strong communicator with a broad background in municipal government. The candidate will have the knowledge and experience to move the city forward in a challenging economic environment and at the same time will have excellent communication and interpersonal skills to work effectively with elected officials, staff, residents and the business community. A Bachelor’s degree from an accredited college or university with major course work in public administration, business administration or a closely related field is required; a Master’s degree is highly desirable. The salary is open and DOE. The City offers an attractive benefits package. Interested applicants should apply online at www.bobmurrayassoc.com. Please contact Bob Murray at (916) 784-9080 with any questions. A detailed brochure is available.

The closing date for applications is December 16, 2011. phone 916U784U9080 fax 916U784U1985 www.bobmurrayassoc.com

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Sustaining Your Sustainability Programs, continued

climate action plans for cities and counties within its area. The Yolo-Solano Air Quality Management District provides funds to support the Yolo County Climate Compact, which brings together the county, four cities and the University of California, Davis, to share information about sustainability and climate action.

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technologies. Both help reduce energy costs and save money.

New searches just announced . . .

Finance Director City of La Palma

Finance Director City of Santa Cruz

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CITY OF MENLO PARK 4HE #ITY OF -ENLO 0ARK IS COMPOSED OF ATTRACTIVE TREE LINED NEIGHBORHOODS SPANNING A DIVERSE SOCIAL ECONOMIC LANDSCAPE THAT REACHES FROM THE 0ENINSULA FOOTHILLS TO THE 3AN &RANCISCO "AY 4HIS COMMUNITY OF #ENSUS IS CONVENIENTLY SITUATED APPROXIMATELY THIRTY MILES SOUTH OF 3AN &RANCISCO AND TWENTY MILES NORTH OF 3AN *OSE 4HE NEW #ITY -ANAGER WILL JOIN -ENLO 0ARK DURING A TIME OF TREMENDOUS OPPORTUNITY AND WITH THE POTENTIAL OF SIGNIlCANT TRANSFORMATION WITHIN THIS ACTIVE AND ENGAGED COMMUNITY #ITY RESOURCES INCLUDE A STAFF OF PERMANENT STAFF AND A GENERAL FUND OPERATING BUDGET OF MILLION 4HE William Avery & Associates #ITY IS PROJECTED TO SPEND ANOTHER Management Consultants MILLION DURING &9 THROUGH ITS 2$!

1 CITY ENTERPRISE FUNDS AND CAPITAL BUDGET RESULTING 3 /2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030 MANAGER IN A TOTAL BUDGET OF MILLION 408.399.4424

Fax: 408.399.4423 !PPLICANTS WILL POSSESS A WELL ROUNDED MANAGEMENT AND ADMINISTRATION BACKGROUND OF AT LEAST lVE YEARS IN AN EXECUTIVE LEVEL CAPACITY WITH A PUBLIC email: jobs@averyassoc.net www.averyassoc.net SECTOR ENTITY AND WOULD ALSO INCLUDE EXPERIENCE WITHIN THE PRIVATE OR NOT FOR PROlT SECTORS ! "! "3 IN A RELATED lELD IS REQUIRED ! -! -3 IS PREFERRED 2ELATED EXPERIENCE WORKING IN A COMMUNITY SIMILAR TO -ENLO 0ARK WILL BE FAVORABLY CONSIDERED 4HE SALARY FOR THIS POSITION SHALL BE BASED UPON THE QUALIlCATIONS OF THE SELECTED CANDIDATE $/1 &OR FURTHER INFORMATION CONTACT 0AUL +IMURA AT 4O APPLY SUBMIT LETTER OF INTEREST RESUME WITH CURRENT SALARY AND lVE WORK REFERENCES EMAIL PREFERRED BY .OVEMBER ! FORMAL JOB ANNOUNCEMENT IS AVAILABLE ON OUR WEBSITE AT HTTP WWW AVERYASSOC NET JOBS

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Planning for sustainable communities and economic vitality does not need to cost more.

Some local agencies finance the solar photovoltaic systems themselves, while others use power purchase agreements with outside companies to finance the infrastructure. The key distinction is the relative amount of savings that the local agency realizes. While self-financing results in more immediate savings, working through a third party provides opportunities when the local agency cannot afford to finance the project.

Since 2004, the City of Santa Rosa has invested $1.7 million to install nine solar photovoltaic arrays at agency facilities including the wastewater treatment plant, a fueling station, pump stations and the cityâ&#x20AC;&#x2122;s golf course. By offsetting electricity purchases, these solar systems will pay for themselves in about 16 years and save the city more than $1 million over the following nine years. Collectively the arrays provide approximately 419 kilowatts of power at peak production, generate about 636,513 kilowatt-hours of electricity annually, and reduce GHG emissions by 318 metric tons annually.

Conclusion In these difficult financial times, strategic use of limited resources can promote sustainability, save taxpayersâ&#x20AC;&#x2122; money and help create vibrant, healthy local economies. For additional information and links to related resources, read the online version of this article at www.westerncity.com. n

www.cacities.org

Brea Uses Collaborative Model for Budget Planning, continued from page 19

the quality of life in Brea. Good news, but now the challenge was even more complex. How could the city make the necessary budget decisions, sustain the current level of services and meet the needs of both the residents and the organization?

Fiscal Crisis Presents Opportunity Brea’s city leaders chose to use the fiscal crisis as an opportunity to learn, teach and expand an innovative problem-solving process it had begun to experiment with a few years before. This collaborative leadership model redefines traditional hierarchical relationships and engages employees at all levels of the organization.

Such internal civic engagement strategies promote citywide participation in decision-making and long-range planning.

Mayor Roy Moore says, “It was an excellent tool that involved employees at a time of economic stress, and the process helped employees understand that they could effect change.”

Collaborative Process Builds Bridges To apply the problem-solving model throughout the organization, a Budget Strategic Planning (BSP) group was created, and all municipal employees, regardless of their positions, were invited to participate. As the process unfolded, two council members participated once a month, helping employees to better understand community values, political sensitivities and council goals. In addition, members of the city council saw firsthand how the process worked and were better able to recognize the service implications of potential budget decisions.

Employee facilitators took turns leading discussions. Open-ended questions were posed to spark meaningful dialogue on a pertinent topic and provide a supportive environment for learning. Small breakout groups were used to brainstorm ideas and develop options, around which the larger group would develop consensus.

This problem-solving process was based

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on the premise that given all the relevant information, employees will develop solutions that are superior to those created by the traditional top-down approach — in part because of their unique perspective in the organization. Another key advan-

tage was that people tend to support what they help create.

“It was an interesting experience, and I’m proud to say I was a part of it,” says Liz Pharis, management analyst. “It was continued

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City Attorney, City of Thousand Oaks, CA The City of Thousand Oaks, population 128,000, is located in beautiful Ventura County, 12 miles inland from the Pacific Ocean, and is nestled against the Santa Monica Mountains. The City is seeking a City Attorney who is a skilled, experienced, confident professional with a good understanding of public sector laws, protocols, and practices. The ideal candidate must be comfortable in serving as a legal counsel and advisor to the City Council, providing sound legal advice, and must be able to perform their work with creativity, good judgment and sensitivity. The ideal candidate will have experience overseeing and managing a legal office, from procedure set-up, to case tracking, budget preparation and managing and directing the staff. The selected candidate will have significant experience in California Land Use, Redevelopment, Liability, Discrimination, Title 24-State Building Code, and ADA. Knowledge of Federal, State, Local, Civil, Criminal Laws are essential for the selected Attorney. Candidates should be a member of the California State Bar. The salary for the incoming City Attorney is DOQ; the City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com.

Please contact Mr. Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date December 9, 2011. phone 916U784U9080 fax 916U784U1985 www.bobmurrayassoc.com

General Counsel

Midpeninsula Regional Open Space District, Los Altos, CA An independent special district formed 39 years ago, the District has permanently preserved approximately 60,000 acres of mountain, foothill, and bay land open space creating 26 preserves in San Mateo, Santa Clara, and Santa Cruz counties. Appointed by a 7-member Board, the General Counsel will enjoy the benefits of a politically stable environment and collaborative organization of 97 staff. Demonstrated expertise is required in public agency law including contracting, environmental law and specifically CEQA, elections law, public record and open meeting laws, conflict of interest law, risk management, employment and labor law, real property law, and litigation. JD and CA State Bar membership required. Salary DOQ.

Please send your cover letter and resume electronically to:

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

Filing deadline is December 2, 2011.

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Brea Uses Collaborative Model for Budget Planning, continued

inspiring to see that my suggestions and ideas could make a difference.â&#x20AC;?

Communication is another critical component of this collaborative model. The Brea City Council was regularly updated on the groupâ&#x20AC;&#x2122;s progress by BSP members at council study sessions and city manager

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briefings. Departments and employee association groups received updates via e-mail, staff meetings and special BSP group presentations. Employees used an interactive computer program on the intranet to exchange relevant articles, budget documents, meeting agendas

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CITY OF PASADENA 4HE #ITY OF 0ASADENA IS AN ETHNICALLY DIVERSE AND CULTURALLY RICH COMMUNITY OF RESIDENTS 0ASADENA IS HOME TO THE WORLD RENOWNED 4OURNAMENT OF 2OSES AND THE .ORTON 3IMON -USEUM AND ENJOYS A HIGH QUALITY OF LIFE BASED ON A STRONG ECONOMIC BASE POPULAR VENUES FOR THE ARTS AND A WIDE ARRAY OF MUNICIPAL SERVICES 4HE $IRECTOR OF (UMAN 2ESOURCES WILL OVERSEE A FULL SERVICE PERSONNEL FUNCTION WITH AN APPROVED STAFF OF &4% AND AN ANNUAL BUDGET OF ALMOST - 4HE POSITION REQUIRES BOTH A STRATEGIC FOCUS ON CITYWIDE WORKFORCE PLANNING AND HUMAN ORGANIZATIONAL DEVELOPMENT INITIATIVES AND AN William Avery & Associates RESOURCES OPERATIONAL EMPHASIS ON THE (2 INFRASTRUCTURE Management Consultants THE AREAS OF COMPENSATION TRAINING 31/2 N. Santa Cruz Ave., Suite A DIRECTOR IN Los Gatos, CA 95030 DEVELOPMENT POLICY DEVELOPMENT AND LABOR RELATIONS 4HE IDEAL CANDIDATE WILL BE A CREATIVE 408.399.4424 PROBLEM SOLVER WHO CAN BRING INNOVATIVE AND RESOURCEFUL SOLUTIONS TO THE Fax: 408.399.4423 CHALLENGES FACED IN TODAY S CHANGING MUNICIPAL ENVIRONMENT email: jobs@averyassoc.net 0OSITION REQUIREMENTS INCLUDE A MINIMUM OF lVE YEARS AS A SENIOR MANAGER IN A MULTI FACETED HUMAN RESOURCES ORGANIZATION AND A "3 "! IN A RELATED lELD !N -! -3 AND PUBLIC SECTOR EXPERIENCE ARE HIGHLY DESIRED 4HE MAXIMUM OF THE SALARY RANGE FOR THIS POSITION IS 4O APPLY SUBMIT LETTER OF INTEREST RESUME WITH CURRENT SALARY AND A LIST OF lVE WORK REFERENCES EMAIL PREFERRED BY $ECEMBER

&OR INFORMATION CONTACT 0AUL +IMURA AT ! FORMAL JOB ANNOUNCEMENT IS AVAILABLE ON OUR WEBSITE AT HTTP WWW AVERYASSOC NET JOBS

Police Chief, City of Corona, CA The City of Corona is conveniently located 25 miles from Southern California family theme parks and 45 miles from local beaches and Los Angeles in western Riverside County. The City limit encompasses 39.2 square miles and is home to a population of approximately 153,649 residents. The City is seeking a Police Chief to oversee 248 sworn and civilian personnel and an operating budget of $43,746,647. The Police Chief reports to the City Manager and is responsible for oversight of Police management, supervisory, professional, technical and clerical staff. The successful candidate will have the ability to clearly communicate, be sensitive to the fiscal issues currently facing local government, and maintain positive relationships with key members of the Community and City staff. Candidates will possess the highest level of integrity and honesty. A Bachelorâ&#x20AC;&#x2122;s degree in criminal justice, public administration or related field; and ten years of increasingly responsible professional local law enforcement and related activities, including two or more years of management level experience is required along with POST certification, Advanced Management and Supervisory certification or equivalent professional certification. The salary for the incoming Police Chief ranges from $12,875-$15,717 monthly and is dependent upon qualifications.

The City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date December 6, 2011. phone 916U784U9080 fax 916U784U1985 www.bobmurrayassoc.com

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League of California Cities

and notes. To ensure that everyone had a chance to be involved, employees could also post questions and leave suggestions and ideas for review by the BSP group.

Using multiple communications avenues, BSP reached out to the Brea community, inviting residents to participate in two unique outreach sessions. These workshops were designed to ascertain which city council and community values should be applied to setting budget priorities. All told, approximately 100 residents participated in small group exercises using the collaborative model.

Information and ideas gleaned from the workshops and submitted to the website were reported to the city council and publicized in the community.

Participatory Approach Produces Results Nearly 200 budget solutions were generated and resulted in a $6.4 million reduction in expenditures over two fiscal years.

This included more than $1.5 million in employee cost contributions and the elimination of 32 full-time positions. A reorganization plan, designed collaboratively by employees, consolidated nine departments into six. This restructuring and a Fire Department command-sharing agreement with another city added another $1.1 million in annual savings. â&#x20AC;&#x153;As we worked collaboratively to solve budget issues, our organization began a transformation,â&#x20AC;? says Brea City Manager Tim Oâ&#x20AC;&#x2122;Donnell. â&#x20AC;&#x153;New leaders emerged, work styles adjusted to new budget realities, and our problem-solving capacity improved dramatically.â&#x20AC;?

Ultimately, the recession-induced budget crisis required service cuts, layoffs and learning new ways to work. A follow-up survey confirmed that Brea was able to preserve core services, attract new business and meet community expectations.

Contact: Tim Oâ&#x20AC;&#x2122;Donnell, city manager, Brea; phone: (714) 990-7711; e-mail: <TimO@cityofbrea.net>. n

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The League Steps Up on Pension Reform, continued from page 18

Pension costs for most California cities are likely to increase 25 percent or more in the next three years.

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are not defensible in the public debate over public pension levels. Instead, the League board would like to see more formula choices with lower-benefit local options that can be tailored to community needs and ability to pay.

• The League board believes that final retirement salary should be based on the three highest paid years worked and should not include overtime, vacation or sick leave in the pension calculation to eliminate “spiking.” Further, EPMC should be eliminated as it lacks a cogent public policy basis. Purchase of so-called “air time” — meaning time not actually served — should also be eliminated. Legislation ought to require employees to pay their share of pension costs (7 to 8 percent for miscellaneous employees and 8 to 9 percent for safety employees) and allow employers to negotiate contracts whereby employees pick up a larger portion of the employer’s cost for pensions.

• Legislation should also allow government agencies to extend retirement ages for miscellaneous employees up to Social Security retirement ages and seek a minimum age of 60 for miscellaneous employees and 55 for safety employees before earning full retirement benefits.

Retroactive pension increases should be completely banned. The League would like to see more retirement alternatives for part-time employees, including deletion of the 1,000 hours rule for parttime employee mandatory enrollment in CalPERS. Employees and employers should be prohibited from skipping their full contribution in any year.

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Mountain House Community Services District General Manager

Situated in the west side of the San Joaquin Valley, Mountain House is growing into a self-sufficient community offering employment, education, goods, services and recreation all within its boundaries.

Mountain House is literally a community coming to life.

The General Manager serves as the chief administrative officer and in that role enforces laws, ordinances and Master Restrictions, as well as providing day-to-day management of the organization. Bachelor’s degree required, Masters preferred with at least seven years management experience, preferably with a community services district or municipal government. Salary range is $120,000 to $165,000 DOQ with competitive benefits.

Please send your cover letter and resume electronically to:

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

Filing deadline is November 10, 2011.

Finance Director, City of Corona, CA The City of Corona is conveniently located 25 miles from Southern California family theme parks and 45 miles southeast of beaches and Los Angeles in western Riverside County. The City limit encompasses 39.2 square miles and is home to a population of approximately 153,649 residents. The City is seeking a Finance Director to oversee a full time staff of 32 and a total budget of $3,733,596. The incoming Director will be a seasoned individual who can best utilize staff for all aspects of financial management. The successful candidate will possess the ability to provide clear communication on complex financial issues, long term financial planning, and advice on budgetary impacts. Additionally, the Finance Director will be expected to maintain positive relationships with key City members including the City Council, the City Manager, other Department Heads, as well as outside vendors and service providers. The ideal candidate will have a broad knowledge base in the areas of financial management, including budgeting, purchasing, accounting and financial reporting, public debt, and investment portfolio management. A Bachelor’s degree in accounting, finance, business administration or a closely related field; and ten years of experience is required.

Current standing as a CPA is desirable. The salary for the incoming Finance Director ranges from $11,595-$14,155 monthly and is dependent upon qualifications. The City also offers an attractive benefits package including CALPERS 2.7 @ 55 retirement. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com.

Please contact Mr. Bob Murray at (916) 784-9080 should you have any questions.

Brochure available. Closing date December 6, 2011.

phone 916U784U9080 fax 916U784U1985 www.bobmurrayassoc.com

continued

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The League Steps Up on Pension Reform, continued

• The League would like to see the development of a hybrid pension option that combines a cost-effective defined benefit pension with an annual maximum retiree benefit equal to 70 percent of the retiring employee’s eligible base pay (determined by averaging the three

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highest years’ pay) combined with a risk-managed defined contribution plan. This combined defined benefitdefined contribution offering should be of significant interest to local agencies statewide.

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General Counsel, San Bernardino Associated Governments (SANBAG) San Bernardino Associated Governments, known as SANBAG, is the council of governments and transportation planning agency for San Bernardino County. SANBAG is responsible for cooperative regional planning and furthering an efficient multi-modal transportation system countywide. SANBAG is governed by a Board of Directors comprised of 29 officials consisting of the mayor or a council member from each of the 24 cities and all five members of the Board of Supervisors. SANBAG is seeking an experienced General Counsel to join the executive team. The Board would benefit from an individual who has an open form of communication, strong written and verbal skills and the ability to keep the Board and staff well informed. The selected candidate will provide legal advice on issues affecting operations and capital improvement functions, conflicts of interest, procurements, legislation, personnel matters, policies, compliance with SANBAG requirements and stay up-to-date on changing policies and procedures. The incoming General Counsel will direct the preparation of fair and consistent legal/litigation recommendations concerning the enforcement of general law, the Brown Act, transportation laws, land use, state/federal laws, and other related laws and ordinances. Successful candidates will have at least 10 years of work experience as a practicing attorney advising public agency clients including Contract Law, Public Liability Labor/Employment law “At Will” status in a public agency. The ideal candidate will have a J.D. from an accredited law school and be licensed to practice law in California. The salary for the General Counsel is open and is dependent upon qualifications. SANBAG also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date November 21, 2011.

phone 916U784U9080 fax 916U784U1985 www.bobmurrayassoc.com

DIRECTOR OF PUBLIC WORKS SERVICES

Join the City of Redwood City “Core Purpose: Build a Great Community Together” Leading a department with a budget of approximately $47 million comprised of four operating divisions, we seek an energetic Director with proven program management and leadership skills. The ideal candidate must possess the ability to work collaboratively with the City Council, City Manager, Department heads and the public on a variety of projects and programs.

The salary range is from $13,323 to $15,965 monthly.

Qualifications include five years of experience in utility and general services in local government including significant supervisory experience and a Bachelor’s degree fr9om an accredited college or university with major course work in Public Administration or related field. Must have knowledge of administration, budget, personnel management strategic planning and labor contracts.

There is controversy over recent calls to reduce future pensions yet to be earned by current public employees in California. The League has convened leading attorneys with appropriate expertise in the area to opine on the status of the law as it applies to questions of employee vested rights to pension benefits and the constitutionality of making such prospective adjustments to pensions for current employees. The board will consider the results of this symposium as it refines its policies regarding pension reform.

For additional system improvements, the League would like to see an increase in the number of independent public members (preferably with financial expertise) on pension boards statewide to ensure greater representation of taxpayer interests with regard to pension decisions. Furthermore, the League urges greater clarity of standards and definitions for disability benefits. It also recognizes that Other Post-Employment Benefits (OPEB), such as retiree health care, represent another unfunded liability for many local agencies and must also be addressed through comprehensive reform measures. The League fully supports greater transparency of reporting and actuarial evaluations of unfunded components of both OPEBs and pension plans, and would support legislation stripping pension benefits from any public employee convicted of a felony related to fraudulently enhancing pension benefits.

The League is reaching out to legislators of both parties and Gov. Brown’s administration to seek discussion of these pension reform recommendations. Moreover, the League is engaging its partners, including labor leaders, to seek common ground. In this way, the League hopes to positively influence pension reform at the state and local levels. As pension reform gathers momentum, the League will play a vocal and constructive role. n

To find out more about this exciting career opportunity, visit http://www.redwoodcity.org/hr/ listings.html.EOE. The filing deadline is November 7, 2011.

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www.cacities.org

Find more job listings, resources and an archive of articles on our website! www.westerncity.com

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