October 2011 by Western City Magazine

O C T O B E R 2 011 |

The Monthly Magazine of the League of California Cities

Effective Enforcement Remedy for Problem Properties p.13 Protecting Consumers, Enhancing Public Safety p.17 Building Leadership Skills For Emergencies p.7

www.westerncity.com

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CONTENTS 2

Calendar of League Events

President’s Message

Maintaining Our Momentum

Legal Notes

Health and Safety Receiverships: An Effective Code Enforcement Remedy In Tough Times

By Mike Kasperzak

By Dean J. Pucci

Our members have done a phenomenal amount of work over the past year.

Health and safety receiverships offer an aggressive, effective remedy for substandard property that puts the burden and cost of abatement where it belongs — on those who

City Forum

created the blight and/or are responsible for the property.

Building Leadership Skills For Emergency Situations By Mike Dayton New training for local public officials and senior staff provides guidance on their exact role in emergency response during a disaster.

By Ahmos Netanel A voluntary statewide certification program for massage professionals complements local governments’ rules and regulations.

Everyday Ethics for Local Officials

The Ethics of Public Language Using jargon and acronyms can have negative consequences and create transparency issues.

Protecting Consumers and Enhancing Public Safety

California Cities Helen Putnam Award for Excellence

Santa Cruz Launches Smartphone Application For Public Safety

Job Opportunities

Professional Services Directory Cover Photo: Giorgio Fochesato, Getty Images

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 Yvonne Hunter Koreen Kelleher Bismarck Obando JoAnne Speers Patrick Whitnell

30 – December 2 City Clerks New Law & Elections Seminar, Long Beach This seminar covers laws affecting elections as well as many aspects of the clerk’s responsibilities.

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

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.

NT RI

ED US IN G

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. 10.

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

2012 JANUARY

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President’s Message by Mike Kasperzak

Maintaining Our Momentum As I begin my term as League president, I’ve been reflecting on the phenomenal amount of hard work done by our members over the past year. We owe you all a debt of gratitude. Your efforts have set the stage for the lawsuit that the League has filed with the state Supreme Court regarding the State of California’s violation of Proposition 22. Kudos to our Immediate Past President Jim Ridenour as well for his leadership on this critical issue. City officials and League staff throughout California worked tirelessly in 2010 to build support for Prop. 22. Despite the fact that it passed with 61 percent voter approval, our cities have been under attack for the past year as state leaders blatantly disregarded Prop. 22’s provisions. The lawsuit represents a key milestone in our work to defend home rule and Prop. 22, and the League will keep you informed of its progress through our electronic newsletter, California Cities Advocate.

www.westerncity.com

“Strong Cities | Strong State” Profiles City Successes In the meantime, I would like to invite your participation in “Strong Cities | Strong State,” an innovative effort designed to communicate the importance of city government in California residents’ everyday lives and the people at work delivering critical municipal services. Using the website www.StrongCitiesStrongState. com as its centerpiece, the program is promoting city success stories accompanied by profiles of elected city officials and city managers working together to build and maintain a high quality of life for California city residents. Strong Cities | Strong State is a joint effort of the California City Management Foundation and the League.  The Strong Cities program provides a first of its kind platform for showcasing California cities’ success stories, highlighting their accomplishments and emphasiz-

ing specific city services and community characteristics. Moreover, Strong Cities promotes the innovation and experience of city officials in delivering key services at a time when this expertise is vitally needed by state leaders struggling with fundamental issues of governance. Strong Cities | Strong State will help position cities as vital, necessary and equal partners in building a better California.  The Strong Cities | Strong State campaign features profiles of individual cities, and its goal is to highlight all California cities over the coming 18 months. Profiles include photos, video and other media articulating how each individual city has been working to provide essential services and elevate the quality of life for its residents. Success stories range from public safety initiatives to educational partnerships, infrastructure improvements to community engagement strategies and more. If your city isn’t already featured in this program, continued

Western City, October 2011

Maintaining Our Momentum, continued

visit www.StrongCitiesStrongState.com and contact your League regional public affairs manager to get started. Join the Effort to Build Healthier Communities Continuing the theme of strong cities, city officials throughout California are also actively involved in programs and activities to help improve the health of their communities, and I encourage you to learn more about these if your city isn’t already participating. Healthy Eating, Active Living Cities Campaign The Healthy Eating Active Living (HEAL) Cities Campaign is a partnership between the League and the California Center for Public Health Advocacy. The campaign works with cities in California to adopt policies that will improve opportunities for physical activity and support access to healthy food for all residents. These policies address: • Land Use — Planning, zoning and infrastructure investment can positively affect the health of residents;

• Healthy Food — Cities have powerful planning, economic development and public relations tools for attracting and supporting retailers of healthy food; and • Employee Wellness — Cities can reduce health-care costs by helping workers to become more active and shed extra pounds. The HEAL Cities Campaign offers training and technical assistance to help your city move forward on health issues. To learn more, visit www.HealCities Campaign.org. A Guide to Planning Healthy Neighborhoods Another helpful tool for local officials is available from the Institute for Local Government (ILG), whose mission is to promote good government at the local level with practical, impartial and easy-to-use resources for California communities. ILG offers a publication titled Understanding the Basics of Land Use and Planning: Guide to Planning Healthy Neighborhoods. The guide: • Identifies the reasons for local leaders to be concerned about the

relationship between health and the built environment; • Offers options for transforming that concern into a vision for a healthier community; and • Provides strategies and examples of how to translate that vision into action. It also includes tips to help local officials consider which strategies and resources for planning healthy neighborhoods best fit their community. The publication is available at www.ca-ilg.org/ HealthyNeighborhoodsGuide. The Let’s Move! Initiative The national epidemic of childhood obesity spurred First Lady Michelle Obama to launch the Let’s Move! initiative, which comprises five elements: 1. Creating a healthy start for children; 2. Empowering parents and caregivers with information and resources; 3. Providing healthy food in schools; 4. Improving access to healthy, affordable foods; and 5. Increasing physical activity. Combining comprehensive strategies with common sense, Let’s Move! is about putting children on the path to a healthy future during their earliest months and years. The initiative’s goal is to eliminate the childhood obesity epidemic within a generation, thus reducing the health risks of obesity — diabetes, heart disease, continued on page 6

League of California Cities

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Maintaining Our Momentum, continued from page 4

asthma and more — as well as the related health-care costs. Let’s Move! seeks to involve parents and caregivers, elected officials from all levels of government, schools, health-care professionals, faithbased and community-based organizations and private sector companies. To learn more, visit www.letsmove.gov.

Strong Cities | Strong State promotes the innovation and experience of city officials in delivering key services at a time when this expertise is vitally needed by state leaders struggling with fundamental issues of governance.

The League Stands Ready to Assist You

severe cuts in essential services. Cities are implementing innovative programs to consolidate service delivery and share services. City officials are finding ways to adapt to “the new normal,” and the League plays a key role in helping to provide resources that support their efforts.

While it’s imperative for us as an organization to remain vigilant in defending local control, at the same time the League provides tools, resources and information to help cities with the issues that confront us all. The current economic environment has created unprecedented challenges as city officials contend with sharply reduced revenues and the resulting need to make

These resources include a broad array of training and educational programs (www. cacities.org/prof/courses), materials from the 2011 Annual Conference & Expo posted online (www.cacities.org/AC), best

practices and tools from ILG on topics ranging from ethics to sustainability (www.ca-ilg.org) and the opportunity to share challenges and solutions with your peers at League division meetings (www. cacities.org/member/region/index.jsp). The League stands ready to assist you in your efforts to preserve and enhance the quality of life for your city’s residents. I welcome your suggestions and comments and look forward to working with you in the coming year. n

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

TO W 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

League of California Cities

SACRAMENTO SAN FRANCISCO

SANTA ROSA FRESNO

WWW.MEYERSNAVE.COM 800.464.3559

www.cacities.org

Building Leadership Skills For Emergency Situations

by Mike Dayton

A wildfire burns near the City of Los Angeles.

alifornia is known for its unsurpassed natural beauty, which is tempered somewhat by its

dramatic range of natural disasters — earthquakes, wildfires, floods and mudslides. To that

sobering list you can also add man-made disasters.

The Tohoku earthquake in Japan earlier this year demonstrated that a disaster doesn’t have to be local to have an impact. The tsunami triggered by the Tohoku earthquake inflicted major damage on the ports of Santa Cruz and Crescent City. Events halfway around the world have the power to affect us all.

Increasing Disaster Response Capacity After the tragic events of 9/11, California significantly upgraded its ability and capacity to prepare for, prevent, mitigate, respond to and recover from man-made and natural disasters. As part of that effort, the state launched the “Golden Guardian” training exercises. First responders throughout California, including firefighters, law enforcement personnel, medical responders and volunteers, participated in yearly exercises to test response capabilities and practice responding to a major event. These exercises revealed a knowledge gap at the local level. While many city and county officials were well versed in disaster opera-

tions, others were uncertain of their exact role in emergency response during a disaster. New Training Targets Local Officials and Senior Staff The California Emergency Management Agency (Cal EMA) reached out to the University of California’s Institute on Global Conflict and Cooperation (UCIGCC) to develop a program specifically designed to address that knowledge gap for elected officials and senior staff. The California Public Officials Communications Training Initiative, launched in 2007, utilizes some of the leading scientific research on crisis communication. Much of this research has been developed in planning for pandemic health situations in association with the Centers for Disease Control and the World Health Organization. In essence, the research shows the psychology and science of communicating with the public during a crisis. continued

Mike Dayton is acting secretary of the California Emergency Management Agency.

www.westerncity.com

Western City, October 2011

Building Leadership Skills for Emergency Situations, continued

The California Public Officials Communications Training Initiative comprises an interactive, multimedia seminar and practical exercise program, based on the UCIGCC research. The program combines essential disaster preparedness information with video interviews of media experts, public officials and the public to prepare senior elected and appointed

officials to communicate effectively during a disaster. The training also offers a basic primer on the emergency management system and the roles and responsibilities of everyone involved. Additional support is provided through a website and a standalone video seminar on DVD. The U.S. Department of Homeland Security has recognized this program as a best practice. Storms caused extensive flooding in Loma Linda in December 2010.

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Approximately 1,100 public officials from more than 120 communities will have completed the training by the end of 2011. Cal EMA and UCIGCC have delivered the program to some of California’s largest cities, including San Jose, Long Beach, San Francisco, Oakland and Sacramento. Leaders in Sacramento and San Diego counties have taken the course. And it was well received in smaller localities like Joshua Tree, Rancho Santa Fe, Rio Vista, Lodi, Dublin, Rancho Cordova, Carpenteria, Visalia and many more. “I’m glad we brought this seminar to Long Beach,” said Mayor Robert Foster, after assembling his top staff at the city’s emergency operations center. “You can never be too prepared, and the tools we learned about will help us serve the people of Long Beach.” The training is useful for communities of all sizes and in every area of the state. Disasters strike regardless of jurisdictional boundaries, and experts tell us California is overdue for a major earthquake. Are you ready? To learn more about the California Public Officials Communications Training Initiative or to schedule a training session, e-mail Angela Lintz at <alintz@ ucsd.edu>. For additional resources related to disaster preparedness, including a feature about the State Hazard Mitigation Plan and its importance to cities, read the online version of this article at www.westerncity.com. n

www.cacities.org

Everyday Ethics for Local Officials

The Ethics of Public Language QUESTION I am new to public service and feel a bit like Alice in Wonderland. I carefully studied my first agenda packet and found it had elements that seemed like a foreign language, with all sorts of unfamiliar phrases and acronyms. The same thing happened at the meeting, where staff, elected officials and others all used terminology that would not be understandable to the average resident trying to follow the discussion and provide input. This seems wrong. In conducting the public’s business, shouldn’t we use language that everyone — including the public, media and me — can understand? continued

This column is a service of the Institute for Local Government (ILG), whose mission is to promote good government at the local level. For more information and to access ILG’s resources on public service ethics, visit www.ca-ilg.org/trust.

www.westerncity.com

Western City, October 2011

The Ethics of Public Language, continued

ANSWER Local agency decision-making can indeed have very technical elements. Local agencies need to comply with state laws and judicial decisions that involve various terms of art, many of which are shortened into acronyms. (A term of art is a word or phrase used in a specific field, discipline or profession; in that context, the term of art has a specific meaning, which is generally not the same as its common usage.)

The Benefits and Costs of Speaking in Technical Terms Using technical terms can have a number of benefits: • Precision. Terms of art typically have a specific meaning; • Speed. Acronyms and technical phrases that stand in for complex concepts enable a speaker to apply those concepts to the situation the agency is dealing with or draw connections among complex concepts; and • Expertise and Respect. Some people also believe that knowing and being able to use the language of a given policy area shows their knowledge and expertise in that subject or policy area, which in turn will promote confidence that they know what they are talking about. However, using technical terminology can also have potential costs: • Misunderstandings. As founding father William Penn noted in promoting plain language, the objective of speech is to be understood. When a public agency uses unfamiliar terminology, the public is likely to misunderstand what the agency is doing and why (or what the public agency is requiring the public to do). The practical consequence of such misunderstanding is having to spend time correcting it. If the technical language is designed to regulate actions or behavior, the agency also is less likely to achieve whatever goals it had in adopting the regulation. • Mistrust. A second potential cost of using technical language is that listeners suspect that the speaker intends

League of California Cities

Stop the Presses! Where’s the Next Installment of the Gift Series? Regular readers of this column know that in 2011 it has been devoted to explaining, in plain-language terms, the rules related to public officials’ receipt of gifts. As the October column was being readied for publication, the Fair Political Practices Commission (FPPC) announced a proposal to significantly overhaul these rules. Rather than publishing the scheduled column on understanding the special rules related to free or discounted admissions to various kinds of events, the Institute for Local Government and Western City decided to pull the column because many of these rules could be changed as part of the FPPC’s regulatory review. A future “Everyday Ethics” column will provide an update on the FPPC’s actions related to gift rules. In the meantime, visit www.fppc.ca.gov for updated information.

After translating materials into plain language, Los Angeles County departments reported significant savings of staff time responding to questions and complaints.

to be unclear. In his essay Politics and the English Language, George Orwell observed, “The great enemy of clear language is insincerity ... .” Using unclear language can cause the public and others to question whether the public agency or its officials genuinely want listeners to understand and offer meaningful input on the issue being discussed. • Lack of Transparency. Whether intentionally unclear or not, extensive use of technical terminology creates transparency issues. The public’s access to understandable information about decision-making processes and public

agency operations is critical to democratic accountability. If the language used by those in public service cannot be understood by the ordinary person, such language restricts meaningful public access to information necessary to understand decisions and hold decision-makers accountable. • Expertise or a Put-Down? Language intended to impress can have the opposite effect. People rarely appreciate being made to feel less knowledgeable — hence the sometimes unflattering label of obtuse speech as “bureaucratese” or “legalese.” As Albert Einstein continued on page 21

www.cacities.org

Orwellian Advice From Politics and the English Language

Helping Newly Elected Officials Understand Local Government

In his 1946 essay Politics and the English Language, George Orwell criticizes contemporary speech — and particularly political speech — as being designed to hide the truth. He notes that “a scrupulous writer, in every sentence that he writes, will ask himself at least four questions, thus:

• How local agencies make decisions and who’s responsible for what;

1. What am I trying to say?

The Institute for Local Government (ILG) offers a number of resources to help newly elected officials understand the processes and policy areas where they now play an important role. These include materials that explain:

• Where county and city revenues come from, and questions for local officials to ask in making sure an agency’s financial practices are up to snuff; • Land use decision-making, including plain-language “one-pagers” that local agencies can use as attachments to public hearing notices; • Public service ethics laws and principles; and • The role counties play in delivering health services. All of these resources are available through ILG’s “Local Government 101” page at www.ca-ilg.org/localgovt101.

2. What words will express it? 3. What image or idiom will make it clearer? 4. Is this image fresh enough to have an effect?” Some of Orwell’s do’s and don’ts for clear speech include: 1. Never use a metaphor, simile or other figure of speech that you are used to seeing in print. 2. Never use a long word where a short one will do. 3. If it is possible to cut a word out, always cut it out. 4. Never use the passive where you can use the active. 5. Never use a foreign phrase, a scientific word or a jargon word if you can think of an everyday English equivalent. 6. Break any of these rules sooner than say anything outright barbarous.

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Western City, October 2011

About Legal Notes This column is provided as general information and not as legal advice. The law is constantly evolving, and attorneys can and do disagree about what the law requires. Local agencies interested in determining how the law applies in a particular situation should consult their local agency attorneys.

Health and Safety Receiverships: An Effective Code Enforcement Remedy in Tough Times by Dean J. Pucci

any cities in California are facing unprecedented budget crises and must make difficult decisions about

which services to cut and which to preserve. These challenges are compounded by decreasing home values, large numbers of foreclosures and the general financial pinch that increasingly result in property owners’ and/ or occupants’ inability — or flat-out refusal — to comply with local agency code enforcement efforts. In response, cities are calling on city attorneys and city prosecutors more frequently to find remedies to address code enforcement issues as cost-effectively as possible.

Code enforcement cases typically come to the enforcement agency’s attention in one of three scenarios: owners and/or occupants who refuse, are unable or cannot be found to comply with local enforcement agency’s orders to abate substandard conditions. Triaging your agency’s enforcement efforts and problem properties is critically important. The remedies that may have been standard operating procedure for your agency during the past 10 years may no longer be the most effective in terms of producing results or financial viability. The enforcement tool you choose must be implemented with an eye toward properties and property owners being required to pay for their own cleanup. These tools include: • Administrative citations;

• Foreclosure/bank-owned property enforcement programs, which impose fines but provide no assurance of abatement; • Conservatorships, which under state law can be sought by a public official; and • Public guardianship, under which cases can be referred by a public agency without guarantee of acceptance or qualification. These enforcement tools can be effective and appropriate under certain circumstances. However, they tend to be costly and provide little assurance of abatement within a reasonable time frame. Thus, local government agencies are often turning to alternative enforcement tools that provide a better guarantee that properties will be brought into compliance and maintained. This article focuses on health and safety receiverships as a model remedy.

• Criminal prosecution; • City/county-initiated abatement, initially performed at a cost to the agency; • Civil nuisance litigation, including temporary restraining orders as well as preliminary and permanent injunctions;

About Health and Safety Receiverships A health and safety receivership is a legal process through which title to a piece of real property is temporarily taken from the continued

Dean J. Pucci is an attorney and Superior Court receiver for the law firm of Jones & Mayer. He can be reached at <djp@jones-mayer.com>.

www.westerncity.com

Western City, October 2011

Health and Safety Receiverships: An Effective Code Enforcement Remedy in Tough Times, continued

owner and placed with a court-appointed officer: the receiver. These receiverships are used primarily for: â&#x20AC;˘ Abandoned and substandard properties where the owner has a history of noncompliance with a local enforcement agencyâ&#x20AC;&#x2122;s orders to abate; or â&#x20AC;˘ Situations where emergency circumstances are discovered that pose immediate threats to health and safety. This is a dramatic, immediate, comprehensive and systematic process that virtually eliminates slum housing and/or habitually substandard properties at no expense to the referring agency/ prevailing party. It also visibly communicates to the community that the agency is taking cleanup action and protecting residents and tenants who have been subjected to dangerous conditions by absentee or recalcitrant owners.

How It Works Who or what are the typical candidates for health and safety receiverships?

police and/or fire departments; properties requiring forced tenant/ owner relocation; properties with illegal construction/occupation; multi-unit/apartment complexes; fire-damaged properties; properties with drug/nuisance abatement issues; bank-owned/abandoned properties; redevelopment agency properties.

What is the legal authority for appointing a health and safety receiver? Legal authority is provided by the California Health & Safety Code sections 17980 through 17992, specifically sections 17980.6 and 17980.7.

Who can ask the Superior Court to appoint a health and safety receiver over property? The local enforcement agency, a tenant or tenant association or organization.

Packrats and hoarders; owners who cannot properly care for the property because of advanced age or disability; referrals from

League of California Cities

www.cacities.org

What is the receiver’s specific legal authority?

What happens when a property owner fails to comply with the Health and Safety Notice to correct violations?

The receiver takes full and complete control of the property, including:

“The enforcement agency may seek and the court may order the appointment of a receiver for the substandard building pursuant to this subdivision.” Once the “reasonable time” to repair/abate has expired, the only remaining notice requirement to owner/ recorded interests, prior to filing an ex parte emergency application/petition, is the minimum three-day notice that the city/ county must give to the owner that it intends to file the petition.

• Managing and paying expenses of operating the substandard building; • Obtaining cost estimates for necessary repairs/rehabilitation; • Entering into contracts with contractors to perform necessary repairs; • Collecting rents and income from substandard building and using such rents to pay for repairs;

Can immediate family members, friends and other relatives assist in the process of obtaining a receiver?

• Borrowing funds to pay for repairs; • Relocating tenants and providing relocation compensation; and

Yes. Frequently family members and friends have exhausted most remedies and welcome assistance. They can even sign declarations in support of the city’s petition.

• Much more.

If a city’s/county’s rules/regulations or traditional code enforcement process provides (or requires) a lengthy notice, hearing and appeal, must these procedures be followed first?

What happens if a property has negative or minimal equity? Can a receiver still be appointed, and how can the receiver borrow money?

No. Health and safety receivership “remedies shall be in addition to those provided by any other law.”

A property’s title profile, ownership or equity status have no effect upon whether a property meets the qualifications for appointment of a receiver. Title profile and equity are relevant to the receiver in assessing how to obtain the funds to accomplish the scope of work under the receivership and to the court in ordering super-priority status to the receivership certificates.

What are the rules related to grounds for issuing a notice to repair or abate for health and safety receiverships? • Only the existence of a building is required; it can be residential or commercial, abandoned or occupied. • Any local ordinance that is “similar in nature” to either the grounds found in the California Health & Safety Code section 17920.3 or the California Building Code can be used as grounds under the notice to determine violations, virtually encompassing all of the city/county-adopted codes related to code enforcement and property maintenance. • The conditions present must be “so extensive and of such a nature that the health and safety of residents or the public is substantially endangered.”

How much time must the city/county give to repair or abate? A “reasonable time.” What constitutes a reasonable time depends on the facts and circumstances presented by each individual property.

Does the city need to adopt an enabling ordinance to authorize the use of receiverships? No. A city does not need to adopt any type of enabling ordinance to access the enforcement remedies provided in the Health & Safety Code.

Have courts upheld a receiver’s discretion as it relates to whether to demolish, rehabilitate or vacate properties? Yes. Most recently, in Santa Monica, the court appointed a receiver over substandard residential rental property and authorized the receiver to contract for demolition of the property over the owner’s objection, in a case where the property had a long history of unsafe and unsanitary conditions in violation of local building codes. The California Supreme Court upheld the receivership and also upheld the lower court’s decision and direction to the receiver to demolish the residential structure. continued

www.westerncity.com

Western City, October 2011

Health and Safety Receiverships: An Effective Code Enforcement Remedy in Tough Times, continued

The remedies that may have been standard operating procedure for your agency during the past 10 years may no longer be the most effective in terms of producing results or financial viability.

Yes. The “prevailing party” in an action to appoint a receiver “shall be entitled to reasonable attorney’s fees and court costs as may be fixed by the court.”

California’s 2010 State Hazard Mitigation Plan is the primary guidance document for cities and counties seeking to prepare or update their Local Hazard Mitigation Plan. It’s in your city’s best interests for financial and safety reasons to adopt a Local Hazard Mitigation Plan. Learn how this can make your city eligible for federal grants and additional post-disaster financial benefits. Read “Disaster Mitigation Planning Builds Sustainable Communities” at www.westerncity.com under “Web Exclusive.”

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Jones & Mayer Attorneys at Law

League of California Cities

No. A receiver is an agent and officer of the appointing court. As an officer of the court, a receiver is not an agent of any particular party to the action, but represents all persons interested in the property. Property in receivership remains under the court’s control and continuous supervision.

Can we recover our attorney’s fees associated with asking the court to appoint a health and safety receiver?

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Representing over 75 California Cities and Public Agencies, including:

Is the city or county responsible for supervising the actions of the receiver or responsible for actions the receiver takes?

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Putting the Burden Where It Belongs Many local agencies are seeing an increase both in code violations and recalcitrant attitudes on the part of property owners and occupants. Even the courts have recognized that it frustrates code enforcement efforts and rewards noncompliance if the city has to bear the fees it incurred as a result of a property owner’s recalcitrance. Instead, using code enforcement tools that require property owners to reimburse the city for its legal fees “induces compliance with the city’s regulatory authority.” Health and safety receiverships offer an aggressive, effective remedy for substandard property that puts the burden and cost of abatement where it belongs — on those who created the blight and/or are responsible for the property. n

Looking for Footnotes? A fully footnoted version of this article is available online at www.westerncity.com.

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Protecting Consumers and Enhancing Public Safety

by Ahmos Netanel

or years California was one of the only states that regulated massage with a patchwork of

549 regulatory schemes. As more states mandated state licensing and raised educational standards,

California lagged behind. Currently 43 states and the District of Columbia regulate massage.

Californiaâ&#x20AC;&#x2122;s diverse system of local ordinances was not working. Consumers had no way of knowing the meaning of credentials, with graduates of two-week programs using the same titles as those from one-year educational programs. Massage therapists who had worked for many years in one area of the state found that they did not qualify to practice in other areas because each jurisdiction had completely different standards. In addition, massage as a subterfuge for prostitution and human trafficking is a larger problem in California than in other states. The State of California requires, among other things, substantial documentation of danger to public safety before considering new professional regulation. Because the issues related to regulating massage therapists involved local land use authority as well as public safety, the League took an interest in the question of proposed new statewide regulations. The League convened a task force to examine the issue and the various proposed legislative alternatives and provide technical guidance. Local officials with experience regulating massage therapists and legitimate massage businesses offered their expertise. continued on page 24 Ahmos Netanel is the chief executive officer of the California Massage Therapy Council and can be reached at <anetanel@camtc.org>

www.westerncity.com

Western City, October 2011

Santa Cruz

Launches Smartphone Application for Public Safety

How do you reach citizens who no longer access information in traditional ways? How do you speak to residents who are not watching the local nightly news, listening to news radio or reading the daily newspaper? The Santa Cruz Police Department confronted these challenges when a major sinkhole blocked the city’s most heavily traveled intersection in late 2009. The intersection provides access to the highway and serves as a major arterial point for more than 100,000 vehicles daily. The Police Department used a traditional method to inform the public, issuing press releases to the local media. It didn’t work. Parents, unaware of the situation, waited hours in traffic to pick up their children. Shoppers were stranded with melting groceries as they waited for the intersection to be cleared. Traffic backed up for more than two miles. It took nearly six hours to clear the traffic and two days to repair the sinkhole.

After the incident the Police Department focused its attention on how to prevent this from happening again. “We learned that people simply had no idea of the incident because they weren’t consuming information from traditional media sources,” says Press Information Officer Zach Friend. “Nearly half of our community gets their information from a smartphone or hand-held device.” He adds that younger adults expect to be able to interact with governmental agencies the same way they do with private industry: through smartphones, social media, texting and other forms of personalized, instant communication. It was clear that the department would have to use new ways to effectively reach the public. So the Santa Cruz Police Department set out to develop the first consumer-focused law enforcement smartphone application in the United States. Working with two graduates of the local University of California, Santa Cruz, the department spent four months building and refining the ap-

plication, which was funded by a federal grant and launched in March 2011. Residents can now access a broad range of public safety items and information through the app, including: • A live feed from the police scanner; • A way to provide crime tips from a smartphone; • Real-time crime maps of activity occurring in the community; • The latest news from the Police Department; • Videos from the Santa Cruz Police Department (SCPD) YouTube channel; • Photos images of the SCPD’s most wanted individuals and recent police events; and • Instant alerts related to public safety. Nearly 3,000 local residents downloaded the free app in the first few months following its release. Hundreds of unique continued on page 27

The City of Santa Cruz won the 2011 Helen Putnam Award for Excellence in the Public Safety category. For more about the awards program, visit www.cacities.org/helenputnam.

League of California Cities

www.cacities.org

Western City magazine’s job opportunity section is the source for job seekers looking for positions in local government. When you place a job opportunity ad in Western City magazine, it will be posted at no additional charge on our website. For rates and deadlines, visit www.westerncity.com and click on the “Advertise” link.

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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 September Issue? Read it online at www.westerncity.com

We are passionate about local government and recruiting talented professionals with an affinity for public service! n n n

Don’t Miss the Top Hits on Our Website! 1 San Carlos Takes a Different Approach to Cost Cutting 2 Social Media: Balancing the Rights of Employers and Employees 3 The FCC’s Threat to Local Zoning and Right-of-Way Authority: Critical Deadline Looms 4 The Origins of California City Powers 5 Strategies for Creating a More Collaborative, Effective Council Read these articles today at www.westerncity.com

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MuniTemps will Save Your City Money! Port Everglades Chief Executive/Port Director Broward County, FL Port Everglades, a department of Broward County, Florida, is a major economic presence in the South Florida region, generating nearly $14 billion a year in economic activity. One of the world’s top cruise, cargo and petroleum ports, Port Everglades supports more than 140,000 jobs statewide. The Chief Executive/Port Director reports to the County Administrator and oversees the operations, marketing, management, and maintenance of the Port and related facilities. The Port Everglades Department operates as a self-sustaining enterprise fund with 2010 operating revenues of $125 million and approximately 225 authorized staff. The Port is a “landlord” port that leases land, manages contracts and maintains infrastructure within an extremely competitive industry. Priorities for the Chief Executive/Port Director are the implementation of the recently developed 20-year Master/Vision Plan; overseeing major capital improvement projects; and building stronger relationships with the community, including those in the maritime industry. Three major critical expansion projects scheduled in the near future include an Intermodal Container Transfer Facility, U.S. Army Corps of Engineers Deepening and Widening Program, and the Southport Berth Expansion. The Chief Executive/Port Director serves as an advocate, interfacing with federal and state agencies for funding and Port related issues. Candidates should have solid business acumen, be politically astute and have the ability to interact in a diverse environment with a multitude of stakeholders, including regulatory agencies and environmental community. The ability to lead a public organization in a highly regulated industry while emphasizing integrity and transparency is imperative. Candidates should have solid skills in strategic planning, business operations, performance management and financial reporting/budget, and experience managing in an organized labor environment. Excellent communication, interpersonal and relationshipbuilding skills are needed. Requirements include an undergraduate and/or graduate degree from an accredited college and extensive progressively responsible experience in seaports, transportation and/or business management, and several years of experience in an executive management capacity of complex governmental or private business organizations. The salary range is open, dependent upon qualifications. First review of applications will take place on October 17, 2011; position is open until filled. To apply, visit our website at www.bobmurrayassoc.com and follow the prompt to create an online profile. Questions may be directed to Ms. Renee Narloch, Vice President, Bob Murray & Associates, at (850) 391-0000 or reneen@bobmurrayassoc.com. A detailed brochure is available. Broward County is an Equal Opportunity/ADA Employer. Pursuant to Florida’s open records law, applications and resumes are subject to disclosure.

phone 850•391•0000 fax 916•735•2402 www.bobmurrayassoc.com

Western City, October 2011

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

POLICE CHIEF

CITY OF SOUTH GATE, CA South Gate is located 12 miles southeast of the Los Angeles Civic Center (Pop. 101,000). South Gate is a General Law City governed by a Council/City Manager form of government. The Police Department enjoys tremendous support from the Community and City Council, has a budget of $21 million and a staff of 135. The Department has three divisions: Patrol; Services; Administrative. The ideal candidate will be a proven, effective leader, capable of managing a diverse workforce in a highly active and progressive manner. The position requires any combination equivalent to a Bachelor’s Degree in Police Science or Public Administration and five years of administrative experience in two or more types of command positions at the rank of Lieutenant or above. A Master’s Degree is preferred. The current salary is $13,992 per month, supplemented by a highly competitive benefits package (retirement formula under negotiation). To obtain a full recruitment brochure with details, please visit www.cityofsouthgate.org. Filing Deadline: 5 pm on October 19, 2011. Required: City of South Gate Application; Resume; Five references. Submitted to: City of South Gate, Personnel Office 8650 California Avenue South Gate, California 90280 (323) 357-5835

League of California Cities

City Manager

City of Campbell, CA Centrally located in Santa Clara County and the Silicon Valley, Campbell offers its 40,000+ residents an outstanding quality of life with excellent neighborhoods, schools, shopping, business, and recreational opportunities. This progressive community is rich in amenities while retaining its small town appeal. The City of Campbell has a total operating and capital budget of $45.5 million and a dedicated fulltime staff of 155 employees in the City Manager’s Office and departments of Finance, Police, Public Works, Community Development, and Recreation & Community Services. Proven leadership experience in local government, including municipal finance/budgeting and economic development is desired. Bachelor’s degree in public or business administration or related field required; Master’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 date is October 21, 2011.

Administrative Services Director City of Pismo Beach, CA One of California’s most popular coastal communities is seeking an Administrative Services Director. The City of Pismo Beach is home to a permanent population of 7,655 and up to 32,000 seasonal residents. The Administrative Services Director is responsible for all financialrelated aspects of municipal operations as well as risk management and information technology for the City. The Department is supported by seven full-time staff. Pismo Beach’s General Fund FY2011-12 budget is $15.8 million (total budget $30 million). The ideal candidate will possess a demonstrated ability to balance a wide variety of priorities simultaneously. Familiarity with all aspects of municipal finance or transferrable knowledge is desirable. Seven (7) years of financial management and/or administrative experience in a comparable role and a Bachelor’s degree from an accredited college are required. A Master’s degree is preferred. Salary up to $135,121 supplemented by an attractive benefits package that includes 2.5% @ 55 PERS (single highest year). This recruitment will close on Sunday, October 23, 2011. For detailed information and to apply online, visit www.tbcrecruiting.com.

Teri Black-Brann • 310.377.2612 Carolyn Seeley • 949.487.7606 www.tbcrecruiting.com

www.cacities.org

The Ethics of Public Language, continued from page 10

E S

Community and Economic Development Director, City of Morgan Hill, CA The City of Morgan Hill (pop. 40,246) is recruiting for the position of Community and Economic Development Director. This position is a critical member of the City Manager’s Executive Team, reporting to the Assistant City Manager for Community Development, and is key to the newly restructured Community Development Agency designed to reflect organizational efficiencies and respond to market forces. The City of Morgan Hill seeks an experienced professional who is creative, energetic, has excellent people-management skills and is committed to working in an efficient, team-oriented environment. The ideal candidate will have broad-based community and economic development experience and have demonstrated experience with regional strategic planning activities, be prepared to manage large scale community planning processes, such as the General Plan update, and be excited by the opportunity to take part in a management effort to explore and potentially redesign how the City provides and funds services and manages ground breaking regional leadership initiatives. This position will manage current and strategic planning, housing programs and development, economic development business retention and attraction, and building and code enforcement. Experience with LAFCO and sensitive environmental habitats a plus. The Community and Economic Development Division has 12 full-time employees and three part-time employees. The ideal candidate will have a Bachelor’s degree from an accredited four-year college or university with a major in public administration, business administration, urban planning, economics or a closely related field with a Master’s degree desirable, and a minimum of five years of related experience including three years in a management/supervisory position in one or more areas; planning, building, public works, redevelopment, community development, economic development or other similar areas. Proposed salary pending City Council approval: $9,360 – $12,000 per month (including performance pay), plus generous 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 October 14, 2011.

phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

observed, it takes both genius and courage to make things less complex. These costs all risk undermining public trust and confidence that public servants are acting in the public’s best interests.

Resources for Making Things Less Complex If indeed an agency or public official is worried that the potential costs of technical language are too high, plain language can be a goal. “Plain language” involves using words that reflect the interests and needs of the listener or reader rather than the interests and needs of the speaker. The ultimate goal is for everyone to understand what is being said. The federal government has been working on this issue for decades (ingrained habits can be hard to shake). The products of this effort include www. plainlanguage.gov, which offers a wealth of tips and links to reference materials on improving how government communicates with the public. Los Angeles County launched a plainlanguage initiative whose goal is to shift the county’s language culture to a simpler, clearer form, including county contracts. continued

www.westerncity.com

ASSISTANT CITY MANAGER/ CHIEF OPERATING OFFICER Want to redesign the way municipal government does business in the 21st century? EFFECTIVE LEADERSHIP We are accountable for achieving the results that matter most to our community in a dynamic environment. COLLABORATION We are partners with Ventura citizens and work with our community to shape and balance our City’s social, environmental and fiscal sustainability. EXECUTION We are purposeful in creating an intentional culture that supports the execution of successful results to serve the community of Ventura. Check out www.cityofventura.net to learn more about our organization and community. For a detailed recruitment profile and to apply online by Sunday, October 16, visit www. allianceresourceconsulting.com. EOE/ADA

www.cityofventura.net

Western City, October 2011

The Ethics of Public Language, continued

Whether intentionally unclear or not, extensive use of technical terminology creates transparency issues.

Public Works Director City of Hayward, CA Known as the “Heart of the Bay,” the City of Hayward is home to a diverse population of 153,014 on the eastern shore of San Francisco Bay. The Public Works Department is supported by 136 staff and an annual FY2011-12 operating budget of $73 million. The City’s 10-year Capital Improvement Program budget totals $370 million. Ideal candidates will be expected to possess broad public works knowledge and experience, with impressive depth in the areas of transportation and large-scale project management. Superior communication and people management skills along with a strong team orientation will be expected. Eight years of increasingly responsible management experience and a Bachelor’s degree are required. The salary goes up to $188,365 and is supplemented by a competitive benefits package that includes CalPERS 2.5% @ 55 retirement plan. The recruitment will be open until no later than midnight on Sunday, October 16, 2011. Qualified candidates are encouraged to apply early in the process to ensure consideration as the closing date will be adjusted upon the City’s objectives being met. For detailed brochure and application instructions, visit www.tbcrecruiting.com.

Teri Black-Brann • 310.377.2612 Carolyn Seeley • 949.487.7606 www.tbcrecruiting.com

City of Richmond, CA Peckham & McKenney is proud to be conducting searches for these exciting career opportunities.

City Attorney

Mountain House Community Services District, CA General Manager

Please visit our website

www.peckhamandmckenney.com or call (866)

County departments reported significant savings of staff time responding to questions and complaints after translating materials into plain language. The California State Association of Counties honored the effort with its prestigious Challenge Award in 2010 (for more information, visit http://qpc.co.la.ca.us/ pl.asp). The Center for Plain Language (http:// centerforplainlanguage.org) declares that “plain language is a civil right” and offers support and resources for those interested in using plain language. Writing in plain language is work. The philosopher-scientist Blaise Pascal is famously quoted as apologizing for a long letter because he “lacked the time to make it shorter.” To help local agencies save time in translating commonly used concepts and terminology in local decision-making, the Institute for Local Government (ILG) offers a number of resources designed to help newly elected officials, the media and others understand some of the complex terminology underlying policy discussions at the local level. These include: • Land Use — As part of its Land Use Basics series, ILG offers a Glossary of Land Use terms and acronyms (www. ca-ilg.org/PlanningTerms and www. ca-ilg.org/PlanningAcronyms) to help everyone understand some of the technical terminology in this area. In addition, ILG provides a series of plainlanguage one-page explanations that local agencies can offer the public in conjunction with public hearings and other processes to involve the public in the land use decision-making process (www.ca-ilg.org/onepagers); and • Labor Relations and Pensions — ILG recently published glossaries to help local officials, the media and the public understand the technical language related to the public pension debate (www.ca-ilg.org/PensionGlossary) and associated collective bargaining terminology (www.ca-ilg.org/LaborRelations Glossary).

912-1919 for more information.

League of California Cities

www.cacities.org

Beyond Plain Language Making a commitment to plain language is an important step in connecting the public with local agency decision-making processes. Creating programs that help the public learn more about how local government works is another step local agencies have taken. These leadership programs provide an important tool to help residents understand and engage in local issues. There are currently more than 30 general leadership academies and 70 citizen and police academies on the roster. A list of these programs can be found on the Institute for Local Government (ILG) website (www. ca-ilg.org/CitizenAcademies Roster) as part of a resource center to help local officials interested in creating or enhancing their agencies’ efforts in this area (www.ca-ilg.org/localcivics). ILG is also collecting stories about these academies to share on its website. To share your agency’s story, visit www.ca-ilg.org/ publicengagementstoryform.

The general goal of ILG’s “Local Government 101” program (www.ca-ilg.org/ localgovt101) is to help make the local governance process in California more accessible and understandable to its participants. A number of these resources are available in both English and Spanish. ILG invites local agencies to link to these resources from agency websites. n

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Executive Director, 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. The incoming Executive Director should be a transformational leader with exceptional team building skills and be willing to provide politically difficult options for the Board to make policy decisions. An individual who stays up to date on state laws, pollution reduction, sustainability, D.O.T policies and regulations is being sought. The ideal candidate should be an effective communicator who keeps the Board well informed and provides all options to the Board so they can make an informed policy decision. Openness and transparency with the Board and public will be essential for the successful candidate. An individual focused on the future opportunities and SANBAG’s role in providing for the region’s transportation needs and sustainable communities as the county grows will be considered favorably. Experience in the public sector is desirable but not required; understanding of government process would be a valuable asset as will significant relevant experience in the transportation field. A Bachelor’s degree from a four-year college or university in planning, transportation planning, urban planning, economics, public administration, or a related field is required. The salary for the Executive Director 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 October 21, 2011.

phone 916 •784•9080 fax 916•784•1985 www.bobmurrayassoc.com

Director of Administrative Services ($9,589 to $11,218 per month/at-will position)

Under the direction of the City Manager, the Director of Administrative Services will assume full responsibility of all Administrative Services department activities and operations including finance, human resources, risk management, purchasing and information technology. The Director of Administrative Services will manage the development of the City’s annual budget, direct disbursement of City funds and controls expenditures, interpret and enforce governmental accounting and auditing standards, oversee administration of the City’s fiscal policies and procedures, insure timely compliance with any audit findings, and prepare financial statements and other documentation required by law. The Director will serve as the City’s Personnel Officer and will manage a comprehensive program of personnel services including recruitments, employee relations, benefits administration, employee compensation, performance evaluations, training and employee development plans. The ideal candidate will be an experienced municipal finance and administrative services professional with senior management and supervisory experience, strong interpersonal skills, and a collaborative approach. Education: Bachelor’s Degree in public administration, business administration or a related field. A Master’s Degree in public administration or a related field and possession of a CPA License is desirable. Filing Deadline: 6:00 p.m., Friday, November 18, 2011. For additional information about the position or the City, please visit www.templecity.us or call (626) 285-2171 ext. 2330.

www.westerncity.com

Western City, October 2011

Protecting Consumers and Enhancing Public Safety, continued from page 17

Creating the California Massage Therapy Council

Jan. 1, 2009, authorized the creation of a nonprofit public benefit corporation called the California Massage Therapy Council (CAMTC) and charged it with implementing a voluntary statewide certification program for massage professionals beginning Sept. 1, 2009. The law requires that the CAMTC board of

As a result, the state passed SB 731 (Oropeza) (Chapter 384, Statutes of 2008), which amended Business and Professions Code section 4600 and following sections. The law, which took effect

Director of Human Resources City of Palo Alto, CA

This progressive and culturally sophisticated community of 64,000 represents an exciting mix of tradition and innovation. Reflecting the high standards of the community, the City of Palo Alto employs a diverse, professional workforce of 1,000 within 13 departments. Reporting to the City Manager, the City is seeking a solutions- and people-oriented team leader to oversee 16 staff within a comprehensive human resources operation and to serve as a thoughtful and strategic catalyst of organizational culture and value alignment. Bachelor’s degree in organizational development, public administration, human resources, or related field is required; Master’s desirable. Salary DOQ.

Please send your cover letter and resume electronically to:

CHIEF OF POLICE Town of Truckee The Town of Truckee, population 16,500, is seeking a Police Chief to oversee the Police Department’s 32 FTEs and an operating budget of $5.6M. This quaint, historical mountain community is 40 miles from Reno and 100 miles from Sacramento, nestled in the majestic Sierra Nevada range. Only minutes from Lake Tahoe, Truckee provides year round recreational activities such as hiking, golf, mountain biking, sailing, in addition to world class skiing. Truckee is a friendly, small community, where people take time to get to know one another and work alongside each other to preserve and enhance the exceptional quality of life. Candidates should have a BA/BS degree and 2+ years police management experience. In addition, they must be visible and engaged in the community; a strong leader, who provides ample direction, works closely with allied agencies, genuinely cares for his/her personnel and is an active participant with other members of the Executive Team. Submit a cover letter, resume and application to the Town of Truckee, attn. Kim Szczurek.: 10183 Truckee Airport Rd., Truckee, CA 96161. Applications and details can be found on our website: http://www.townoftruckee.com Closing Date: October 24, 2011.

League of California Cities

directors comprise wide representation from the massage industry and government sectors, including board members appointed by the League, California State Association of Counties, California Department of Consumer Affairs and the California Community Colleges Chancellor’s Office, among others. The board of directors sets policies and oversees management staff, administrative professionals and investigators. Contrary to initial misconceptions, the state did not take control of massage regulation. The state law applies only to certified individuals and businesses in which all massage services are provided by certified professionals. Cities are free to enforce their local massage rules and regulations on massage practitioners who are not certified. While many cities were initially uncertain whether the law was helpful, a growing number of municipalities now not only welcome the change but are taking advantage of the law to protect consumers, enhance public safety and increase revenues. Protecting Consumers and Enhancing Public Safety Protecting consumers and enhancing public safety is at the heart of the legislative mandate and CAMTC’s mission. This is accomplished by verifying that all applicants have completed adequate education and have cleared Department of Justice and FBI background checks. CAMTC can deny applicants or discipline certificate holders based on evidence of “unprofessional conduct,” which is broadly defined. The original League appointee to CAMTC was retired Los Angeles Police Department Detective Rick McElroy, who spent 32 years working with LAPD’s vice division, including 25 years specializing in massage regulation. McElroy now heads the CAMTC Professional Standards Division, where he oversees a team of vice experts, massage education specialists and the investigative unit. While the CAMTC Professional Standards Division is authorized to investigate

www.cacities.org

applicants and certified professionals, only local law enforcement has the right to investigate massage establishments to determine whether the professionals who practice at those establishments are certified or not. Generating Revenue Cities retain many rights under the law regulating massage. A city can regulate anyone not certified by CAMTC. Cities can adopt reasonable health and safety regulations applicable to certified massage professionals and the businesses in which they work. Cities can also require business licenses. In fact, it is expected that business license revenue will go up in proportion to the many massage therapists who avoided local permits and are now coming out into the open as certified massage professionals. CAMTC makes it very clear to all certified professionals that certification does not pre-empt the need for business licenses for all those who are not W-2 employees. CAMTC notifies cities as soon as anyone who will be working in their city is certified, making it easy for city finance staff to collect business license fees. In contrast to the business license, the fees for massage permits that non-certified professionals need to obtain are at best revenue neutral. In many cases cities have a net loss due to the costs of investigations and processing massage permits. Working Together San Mateo Deputy Police Chief Mike Callagy is the League’s current appointee to the CAMTC board of directors. Callagy says, “CAMTC has come a long way toward working in partnership with law enforcement throughout the state to promote safety in the massage industry. As a CAMTC board member, I can assure you that there is a shared vision between law enforcement and CAMTC to address and abate illegitimate massage practitioners who have plagued this industry. Reform was necessary, and by working together CAMTC and law enforcement have come up with much-needed changes in the continued

www.westerncity.com

Law enforcement, city attorneys and permit staff played a key role in creating the application form and a robust system for exchanging information about applicants for certification. J

E S

Director of Administration, Central Contra Costa Sanitary District Established in 1946, Central Contra Costa Sanitary District (Central San) is a special district that collects and treats an average of 45 million gallons of wastewater per day for ten cities and about 456,000 residents and businesses in central Contra Costa County. Central San is now seeking a Director of Administration to oversee the Department’s $10.3 million budget and staff of 43. The ideal candidate will be a strategic thinker who can motivate staff and inspire an atmosphere of creativity. The Director position requires a strong background in finance, purchasing and human resources. Risk management and safety experience is also desirable. Candidates must have at least ten years of progressively responsible professional administrative experience with at least six years in the public sector and a bachelor’s degree with major coursework in public or business administration, finance, industrial relations, or a related field; a master’s degree in business or public administration or a related field is desirable. The salary range for the Director of Administration is $12,233.19 to $15,452.13/month and will be dependent upon qualifications. If you are interested in this outstanding opportunity, please apply on line at www.bobmurrayassoc.com. Please contact Bob Murray at (916) 784-9080 should you have any questions. Brochure available. Closing date October 14, 2011. phone 916 •784•9080 fax 916•784•1985 www.bobmurrayassoc.com

New opportunities . . . Police Chief City of Fresno City of Turlock

City Manager City of El Cajon

Teri Black • 310.377.2612 Joe Brann • 310.265.7479 Carolyn Seeley • 949.487.7606 www.tbcrecruiting.com Western City, October 2011

Protecting Consumers and Enhancing Public Safety, continued

Certification does not pre-empt the need for business licenses for all those who are not W-2 employees.

Director of Facility Projects, Las Vegas Convention and Visitors Authority The Las Vegas Convention and Visitors Authority (LVCVA) is charged with marketing southern Nevada as a tourism and convention destination worldwide. It operates two public facilities located in Las Vegas. The 3.2-million-square-foot Las Vegas Convention Center comprises 13 exhibit halls and 14 meeting rooms. In close proximity to more than 148,000 hotel rooms located throughout the city, the Las Vegas Convention Center is one of the world’s premier convention venues. Some of the world’s largest and most-recognized conventions are hosted at the Center; the facility regularly hosts more than 70 tradeshows each year and approximately 1.5 million delegates. The facility is the third largest convention center in North America and has helped Las Vegas achieve the number-one tradeshow ranking in North America for 16 consecutive years. Cashman Center, located in downtown Las Vegas, serves as the 10,000-seat home stadium for the City’s AAA Baseball team, the Las Vegas 51s, and provides an additional 100,000-square-foot exhibition center. LVCVA is now seeking a Director of Facility Projects. The Director originates, plans, determines funding for, and monitors all Capital Improvement Projects from concept and design through completion, in addition to serving as liaison between Engineering/Client Services and the Master Plan Enhancement Program. LVCVA is seeking a proactive, self-motivated candidate with strong construction management and communication skills and working knowledge of building codes and regulations, as well as the ability to analyze and interpret technical facility documents, procedures, and government regulations. Candidates for this position should possess a bachelor’s degree in Construction Management or a related field and ten or more years of related experience in maintenance and construction of large facilities, or an equivalent combination of education and experience. The salary range for the Director of Facility Projects position is $76,606-$114,899. If you are interested in this outstanding opportunity, please apply on line at www.bobmurrayassoc.com. Please contact Wesley Herman at (916) 784-9080 should you have any questions. Brochure available. Closing date November 4, 2011.

phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

City Manager City of San Leandro, CA Located on the eastern shores of the San Francisco Bay, the community of San Leandro is home to a population of 85,000. The organization is supported by General Fund budget of $72 million (total budget $121 million) and 409 employees. The City offers a traditional array of services and contracts with the County of Alameda for fire and emergency medical services. The Mayor and City Council are seeking a visionary team oriented leader to help design and guide the City’s future by building on the various assets this diverse community has to offer. The ideal candidate will be knowledgeable regarding all aspects of city government and possess a track record of success in strategic economic development. A minimum of five years of senior municipal management experience and a Bachelor’s degree are required. A Master’s degree is preferred. Salary will be DOQE and is supplemented by a competitive benefits package. This recruitment will be open up until midnight on Sunday, October 16, 2011. Visit www.tbcrecruiting.com for detailed brochure and to apply online.

Teri Black-Brann • 310.377.2612 Carolyn Seeley • 949.487.7606 www.tbcrecruiting.com

League of California Cities

certification of massage practitioners. This shared vision of public safety can only have a profound and long-term positive impact on the massage industry.” From its inception, CAMTC has worked with law enforcement throughout the state to establish many internal policies and procedures. Law enforcement, city attorneys and permit staff played a key role in creating the application form, a secure area of the CAMTC website, and a robust system for exchanging information about applicants for certification. This exchange of information maximizes the effectiveness of complementary sets of resources, thus strengthening both CAMTC’s and the cities’ ability to operate efficiently. As a result, more jurisdictions are requiring certification; examples include Torrance, San Rafael, San Diego County and Huntington Beach. Support for Cities The relationship between CAMTC and cities is the key to this program’s success. Beverly May, director of governmental affairs, coordinates CAMTC’s staff. She works directly with cities to help them navigate their way through the law and address any challenges related to massage in their city. For registered city staff, CAMTC has a secure password-restricted area in the Government Agencies section of its website at www.camtc.org. For further information and assistance, contact Beverly May; e-mail: <bmay@camtc.org>; phone: (650) 587-5288. n www.cacities.org

Santa Cruz Launches Smartphone Application for Public Safety, continued from page 18

viewers access the app’s features every day. The app has enhanced the Police Department’s ability to communicate directly with the community about a variety of public safety issues.

contacted Police Chief Kevin Vogel to learn more. Vogel says, “This mobile application is an essential step toward ensuring greater access to our department. The easy-to-use interface provides an unprecedented amount of information to the consumer.”

Dozens of interested law enforcement agencies throughout the country have

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