Western City October 2017

OC TO BE R 2017 |

The Monthly Magazine of the League of California Cities®

®

Police Departments Use Creative Approaches to Build Public Trust p.11 Rialto’s Summer Bridge Program Empowers At-Risk Youth p.21 Stopping the Runaway Pension Train p.3

www.westerncity.com

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

18 Legal Notes

Court Rejects Challenges

to Mello-Roos District in San Ramon

Stopping the Runaway Pension Train

By Robert Saxe

he decision is an important T reminder for cities that the creation of Mello-Roos Community Facilities Districts may be a potential tool to supplement funds needed to provide services to new developments.

By Carolyn Coleman

Increasing pension costs could push cities already in financial distress closer to the brink of bankruptcy.

9 City Forum

Local Siting Grants Available for Corrections Re-Entry Facilities

By Tim Cromartie

$25 million Community-Based A Transitional Housing Program offers incentive grants for providing transitional housing sites for recently released offenders.

Police Departments Use 11 Creative Approaches to Build Public Trust

By Patrice Chamberlain

foundation of community trust A and strong community relationships is crucial for law enforcement to effectively prevent crime and safely resolve situations that involve residents.

Focusing on Safe 17

Disposal of Sharps and Pharmaceutical Waste

By Heidi Sanborn, Akin Babatola and Debbie Raphael

ocal governments’ extended L producer responsibility programs offer policy models for other states.

Over 130 Public Agencies

across California put their TRUST in us,

because we check all the boxes when it comes to managing their investments.

21 California Cities Helen Putnam Award for Excellence

Rialto’s Summer Bridge

Safety

Program Empowers At-Risk Youth

Liquidity

collaborative effort helps keep A kids on track.

Yield

22 California Cities Helen Putnam Award for Excellence

Santa Clarita Pushes Back

Against Heroin

he city mobilized a hard-hitting T campaign to address a crisis.

Job Opportunities 23 Professional Services 31 Directory

Plus, get the added bonus of: High Performing Funds Simple Enrollment Greater Buying Power Trusted Investors Industry Leading Liquidity 138+ Years of Expertise

On the cover: Los Angeles Police Department (LAPD) Officers Rafael Rodriguez, left, and Joseph Oseguera, right, read to children at a Los Angeles Public Library branch as part of the LAPD Read Along program. Photo: Diana Feil Photography

Visit online or give us a call:

CALTRUST.ORG | (888) CAL-TRUST

®

President Rich Garbarino Council Member South San Francisco

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

Second Vice President Jan Arbuckle Council Member Grass Valley

Immediate Past President JoAnne Mounce Council Member Lodi

Executive Director Carolyn Coleman

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

Magazine Staff Editor in Chief Jude Hudson, Hudson + Associates (916) 658-8234; email: editor@westerncity.com Managing Editor Norman Coppinger (916) 658-8277; email: ncoppinger@cacities.org Contributing Editor Eva Spiegel (916) 658-8228; email: espiegel@cacities.org Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256; email: maxwellp@cacities.org Administrative Assistant Kimberly Brady (916) 658-8223; email: kbrady@cacities.org Contributors Tim Cromartie Dane Hutchings Melissa Kuehne Corrie Manning Patrick Whitnell

leaguevents NOVEMBER 30–Dec.1

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

DECEMBER 13–14

Fire Chiefs’ Leadership Seminar, Newport Beach This seminar features a variety of sessions on timely topics of importance to fire service professionals and offers attendees networking opportunities with fellow California fire personnel.

13–14

Municipal Finance Institute, Newport Beach This conference provides essential information for city officials and staff involved in fiscal planning for municipalities.

Associate Editors Carol Malinowski Carolyn Walker Design Taber Creative Group

13–15

City Clerks’ New Law & Elections Seminar, Newport Beach The seminar covers laws affecting elections as well as other aspects of clerks’ responsibilities.

Advertising Design ImagePoint Design For photo credits, see page 24.

Western City (ISSN 0279-5337) is published monthly by the League of California Cities, 1400 K St., Sacramento, CA 95814. Subscriptions: $39.00/1 year; $63.00/2 years; student: $26.50; foreign: $52.00; single copies: $4.00, including sales tax. Entered as periodical mail January 30, 1930, at the Post Office, Los Angeles, CA 90013, under the Act of April 13, 1879. Periodical postage paid at Sacramento, Calif.

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Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2017 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume XCIII, No. 10.

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First Vice President Mark Kersey Council Member San Diego

League of California Cities

January 2018 17–19

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. Attendees also have an opportunity to meet their legislators at the Legislative Reception on Wednesday evening.

18–19

Policy Committee Meetings, Sacramento The League’s policy committees review issues of interest to cities statewide and make recommendations to the League board of directors as part of the organization’s policy-making process. Learn how to join a League policy committee at www.cacities. org/joinpolicy.

31–February 2 City Managers’ Department Meeting, Newport Beach Geared to the unique needs of city managers, this conference covers issues affecting cities throughout California.

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

www.cacities.org

Executive Director’s Message by Carolyn Coleman

Stopping the Runaway Pension Train The cost of employee pensions for California cities is rising at rates that, in most cases, far exceed municipal annual revenue growth. Meager returns from the California Public Employees’ Retirement System (CalPERS) are compounding this alarming situation.

The trend is expected to continue, with rising costs consuming an increasingly greater percentage of city budgets — crowding out other needed investments in city services and infrastructure. Ultimately, these increased costs could push cities already in financial distress closer to the brink of bankruptcy.

What can we do to avert this impending crisis?

Pensions’ Role in Attracting a Talented Public Sector Workforce For nearly 60 years, California has used a defined benefit retirement plan approach that has played a central role in recruiting

www.westerncity.com

and retaining quality public employees.

The League supports retaining defined benefit plans as the central component of public pension systems in California. These plans provide an annual pension based upon retirement age, years of service and a period of the highest salary earned (typically during the last years of work).

CalPERS and Its Funding Sources CalPERS manages the retirement benefits for more than 1.7 million California public employees, retirees and their families. With assets of over $300 billion, CalPERS is one of the largest pension systems in the nation.

Three sources fund CalPERS: 1. Employee contributions (in some cases the employer pays these); 2. Employer-paid contributions; and 3. Returns on the system’s investment assets or portfolio.

Ideally, the costs of retirement benefits would be entirely paid for during the careers of system members. However, employers may choose to defer a portion of the costs of these benefits to future generations. This has contributed to growing unfunded liabilities that have escalated in recent years and are producing fiscal pressures for local governments that could persist for years to come.

Current Funding Level of the CalPERS System In 2015, according to a report from the Pew Charitable Trusts, CalPERS and the California State Teachers’ Retirement System (CalSTRS), the state’s other largest retirement system, had the nation’s sixth-worst record of reducing unfunded liabilities. Together, they collected just 79 percent of the $18.9 billion needed to keep their pension debts from rising.

continued

Western City, October 2017

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Stopping the Runaway Pension Train, continued

Pew also reported that in 2015, CalPERS and CalSTRS had only 74 percent of the funds needed to meet their pension obligations.

CalPERS’ annual funding level (also known as the funding ratio) has since dropped to about 68 percent due to reductions in projected investment earnings. This means it has only 68 cents on

How Did We Get Here?

hand for every $1 in long-term pension obligations. Absent any action to improve the funded ratio, the fund could drop below 50 percent, regarded by experts as the point at which the system’s viability fails, because the negative cash flow would require assets to be liquidated and cause investments to stall.

Although several factors contributed to the California pension system’s cost escalation, the most prominent were the enhanced pension benefits the state Legislature enacted in 1999 and 2000 with the passage of SB 400 (Ortiz, Chapter 555, Statutes of 1999) and AB 616 (Calderon, Chapter 782, Statutes of 2001). These enhanced benefits were retroactive, which meant pension-eligible employees received a higher level of benefit than promised when they were hired. These laws were enacted at a time when many assumed the pension system’s strong investment gains would continue indefinitely and could cover a majority of the additional costs of the benefit increases — and that state and local governments would not have to do so.

Local governments have also been taking actions in recent years to reduce their pension liability and costs; however, the cost increases persist, and the underlying structural deficit continues to threaten the current system’s sustainability.

Ratio of Retirees to Active Employees Is Shrinking

2001

2016 Active Employees

Legend

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League of California Cities

2027– 37 Retirees

www.cacities.org

But soon after the Legislature’s actions, the “dot-com” stock market bubble burst in 2000 and the value of CalPERS’ investments plummeted. To offset these losses, CalPERS began increasing cities’ contributions, and by June 2007, the system’s funded status rebounded to 102 percent. But then the Great Recession hit, and CalPERS lost nearly 30 percent of its investment assets overnight. It has never recovered from these losses despite seven years of positive growth in the economy.

Other Significant Contributing Factors Apart from substandard market returns and enhanced benefits, these other factors have also contributed to rising pension costs.

Lowering CalPERS investment return assumptions from 7.5 percent to 7 percent. In the 2015–16 fiscal year,

CalPERS earned a 0.61 percent return on its investments; this followed a year in which it earned only 2.4 percent. In response to these disappointing returns that were well below the 7.5 percent discount rate (the assumed rate of return), CalPERS lowered its discount rate in January 2017 to 7.0 percent, which will be phased in over the next three years, although its impact for employers will be phased in over eight years. This change in the discount rate means that local government employers will have to increase their contributions to protect the system’s funded status.

Rising average mortality rates. Pension liabilities are linked to assumptions about mortality rates. CalPERS recently made changes to its mortality tables to reflect the fact that retirees are living longer. continued

Funding for CalPERS

25ȼ 62ȼ 13ȼ

Three sources fund the California Public Employees’ Retirement System (CalPERS): returns on the system’s investment assets or portfolio, employee contributions by CalPERS members (these are paid by employers in some cases) and employer-paid contributions.

Investment portfolio earnings Employee contributions Employer-paid contributions

Each dollar of the CalPERS system is funded by three sources.

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State Supreme Court Examines Issues Related to Vested Rights Three cases related to the “California Rule” and public employees’ vested rights are pending before the California Supreme Court.

Cal Fire Local 2881 v. California Public Employees’ Retirement System (2016).

The court held that the Public Employee Pension Reform Act’s (PEPRA) elimination of air time (the practice of purchasing up to five years of service credit) for employees employed prior to PEPRA’s enactment did not impair a vested right. The court adopted the Marin Association case’s analysis regarding the “comparable new advantage” requirement. The California Supreme Court has accepted this case for review, and briefing was underway as Western City went to press.

Marin Association of Public Employees v. Marin County Employees’ Retirement Association (2016). The court held that the county’s implementation of PEPRA’s antispiking provisions with respect to employees employed prior to PEPRA’s enactment did not impair a vested right even though the county had not offered employees any comparable new advantage. (Spiking is the practice of boosting pay at the end of a career to increase pension benefits.) The court noted the Supreme Court had previously stated that a comparable new advantage “should” be provided, not that it “must” be provided, and concluded it was permissible for the county to provide a comparable new advantage, but it was not required to do so.

The state Supreme Court has accepted this case for review and deferred the briefing pending the court of appeal’s decision in Alameda County.

Alameda County Deputy Sheriffs’ Association v. Alameda County Employees’ Retirement Association (pending in the court of appeal). This case consolidates legal challenges in three counties to the counties’ implementation of PEPRA’s antispiking provisions to employees employed prior to PEPRA’s enactment. The case has been fully briefed, but the court has not yet scheduled oral argument.

Western City, October 2017

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Stopping the Runaway Pension Train, continued

These changes do not address the underfunding problem associated with current retirees who are outliving the average mortality age that was used to compute their contributions while they were working. As a consequence, the underlying unfunded liability is growing and driving a need to increase employer contributions to cover those costs.

The shrinking ratio of active to retired employees. There are now — or soon will be — more retired CalPERS members receiving benefit payments than active employees contributing to the system. For example, in 2001, there were two active workers for every retiree. In 2016, there were 1.3 active employees for every retiree. CalPERS is predicting that within the next 10 to 20 years, there will be 0.6 workers for every retiree. To make up for reduced employer contributions due

to having fewer active employees, CalPERS will need to find another way to increase contributions.

Moving Toward a Sustainable Future In an effort to address these CalPERS liabilities, Governor Jerry Brown signed pension reform legislation in 2012, the Public Employee Pension Reform Act (PEPRA), that created a new tier of benefits for employees hired after Jan. 1, 2013.

While PEPRA will help slow increasing pension costs in the long run, it will have little short-term impact on cost escalation. Thirty-year projections provided

by CalPERS look promising, with an expected investment return of 7.0 to 7.5 percent, but the next 10 to 15 years will be challenging.

Local governments have also been taking a variety of actions in recent years to reduce their pension liability and costs, including negotiating compensation and benefit concessions with local labor unions. Others are developing plans to pay down their unfunded liability and adjusting service delivery methods and levels to reflect fiscal realities. However, despite these actions, the cost increases persist, and the underlying structural deficit continues to threaten the current system’s sustainability.

The Impacts for Cities in Practical Terms City managers statewide have been calculating the coming cost increases, and they are staggering. For example, Lodi City Manager Steve Schwabauer estimates Lodi’s annual pension costs will increase

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from $6 million to $13 million over the next five years — a 115 percent increase for a city of 64,058 residents with a $47 million General Fund budget. To put the increase into perspective, Schwabauer said, “That’s [equivalent to funding for] our library, Parks and Rec Department, a police beat and a fire station.”

“Consequently, under the best-case scenario, General Fund pension-related expenses are projected to be $15.4 million in 2021–22, almost $6 million more than we are paying today. This is a fiscal tsunami heading our way,” he says.

Santa Maria City Manager Rick Haydon estimates Santa Maria’s General Fund pension-related expenses in 2016–17 at an anticipated $9.6 million (or 14 percent of all General Fund expenses) compared with $5.4 million in 2006–07 — a 78 percent increase for a city of 106,280 residents.

What’s even more alarming, according to Haydon, is that the city’s General Fund pension-related expenses are anticipated to increase by $5.8 million over the next five years — an additional 62 percent.

The courts may also provide an avenue for options to address the escalating costs.

Although vested rights are not protected by statute, the California Supreme Court has maintained that under the “California Rule,” vested rights are constitutionally protected contract rights, which means that no reduction in employee benefits can take place without an equal or greater benefit offset — thus rendering any benefit reduction virtually meaningless.

Legal Challenges to Existing Law

More Resources Online For more information and links to related resources, including the article “Opportunities to Save Pension Costs Through Collective Bargaining After Pension Reform” and more, read the online version of this article at www.westerncity.com.

However, the California Supreme Court, is poised to revisit the “California Rule” in a series of pending cases (see “State Supreme Court Examines Issues Related to Vested Rights” on page 5). continued

Pension Costs Climb for California Cities City of Lodi

General Fund $47 million

2016–17 $6 million

2017–18 $7.3 million

City of Santa Maria

2022–23 $13 million

General Fund 2006–07 $68.7 million $5.4 million

2016–17 $9.6 million

2021–22 $15.4 million

Pension Costs Relative to General Fund

Western City, October 2017

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Stopping the Runaway Pension Train, continued

Several factors contributed to the California pension system’s cost escalation.

The Next Steps With the support of the League board of directors and drawing upon the expertise of the City Managers’ Department and others, the League is proactively exploring options for restoring CalPERS’ sustainability. Any solution will be fraught with difficult decisions and will require inclusive stakeholder collaboration — at both the local and state levels — that comprises CalPERS, retirees, employers and employees.

To find ways to stop this runaway train, we must all educate ourselves about the issue and then help to educate our colleagues and employees. For tools and information to help inform city leaders and staff, visit www.cacities.org/pensions. ■

City Attorney | Eminent Domain | Employee Benefits | Economic Development | Elections | Environmental Law | Government Policy & Public Integrity | Government Relations | Labor & Employment | Land Use, Planning & Zoning | Public Contracts & Construction | Public Finance | Telecommunications

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Local Siting Grants Available for Corrections Re-Entry Facilities by Tim Cromartie The 2017–18 state budget continues a $25 million CommunityBased Transitional Housing Program offering incentive grants to cities and/or counties that agree to provide sites for transitional housing connected with support services for recently released offenders. Depending on the size of the facility, these are grants of up to $2 million.

Grant programs of this type represent resources that can make a significant difference in whether an ex-offender becomes a recidivism statistic. Many ex-offenders re-offend because they lack a support network after they are released, including a way to meet one of the most basic human needs — shelter.

The program uses a competitive application process, and several communities have submitted applications. The state Department of Finance expects more applications in the coming months.

“It’s important to point out that these funds aren’t just reserved for people being released from the criminal justice system — applicants can request funds for a broader group that they believe can benefit from the program’s services,” says H.D. Palmer, deputy director for external affairs at the California Department of Finance.

Key Features of the Grant Program The program provides additional funding for jurisdictions that provide sites for transitional housing and supportive services for a minimum of 10 years for ex-offenders released from county jail or state prison.

As part of the application process, the local agency must include a list of “all permitted facilities … that in a residential setting

provide transitional housing services, psychological counseling or cognitive behavioral therapy.” This list must include the number of residents residing in each facility in the jurisdiction, including those on probation or parole. Local agencies are advised to contact the California Department of Corrections and Rehabilitation and the California Department of Social Services for help in assembling this information.

The program requires successful grant applicants to use a portion of the grant funds to increase public safety around the facility and improve communication with neighbors.

The jurisdictions that secure grants may retain 60 percent of the funds, which can be used for public safety enhancements, community outreach efforts or any other community-based activities that the local agency believes will improve community relations or address concerns related to the facility. Forty percent of the funding must be shared with nonprofit facility operators to support start-up costs, service provision, security improvements, rehabilitative services and community outreach.

Participating local agencies and facility operators must submit annual reports, as specified in the application materials.

Deadline for Applications The Department of Finance is accepting grant applications on an ongoing basis. Grant applications may be submitted until Oct. 1, 2018; however, the department will cease accepting applications when the $25 million appropriation is fully awarded. For more information, visit www.dof.ca.gov/Programs/Local_Government/ Community_Based_Transitional_Housing. ■

Tim Cromartie is a legislative representative for the League and can be reached at tcromartie@cacities.org. www.westerncity.com

Western City, October 2017

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Police Departments Creative Approaches Build Public Trust

10

League of California Cities

Use to

Los Angeles Police Department (LAPD) Officers Rafael Rodriguez, left, Joseph Oseguera, right, and Senior Lead Officer Camille Sosa, bottom of page, read to children as part of the LAPD Read Along project.

by Patrice Chamberlain A foundation of community trust is crucial for law enforcement to effectively prevent crime and safely resolve situations that involve residents. This trust is also critical to fostering staff morale and advancing police departments’ ability to recruit qualified candidates who reflect the community’s values and demographics. As media attention has thrust police departments nationwide into the spotlight, that trust is being put to the test. And police departments throughout California are rising to the challenge of building public confidence and strong relationships in the community — particularly with youth — by implementing creative partnerships and programs as part of their policing strategy.

Los Angeles: Linking Literacy and Law Enforcement When Los Angeles Police Department (LAPD) Chief Charlie Beck established the department’s community relations division in 2015 as part of a citywide effort to strengthen connections with residents, he encouraged officers to think creatively about how they could effectively support community needs.

Officer Joseph Oseguera thought that supporting youth literacy seemed a natural way to steer youths toward a brighter future and away from crime. In his 22 years as a patrol officer on the streets of LA, Oseguera could see that many of the youths he came in contact with lacked the foundational

literacy skills to set them up for success or even high school graduation. Abundant research identifying a strong correlation between illiteracy and crime supports this observation. According to the American Bar Association, 60 percent of prison inmates and 85 percent of youth offenders lack the reading and writing skills necessary to function effectively in daily life and employment. One study reports that students who do not read proficiently by fourth grade are “four times more likely to leave school without a diploma” in comparison to those reading at grade level. continued

Patrice Chamberlain is a program manager for the Institute for Local Government and can be reached at pchamberlain@ca-ilg.org. To learn more about ILG and its inclusive public engagement program, visit www.ca-ilg.org/inclusive-public-engagement.

Western City, October 2017

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Police Departments Use Creative Approaches to Build Public Trust, continued

This sparked the idea for LAPD Read Along, launched in early 2016. LAPD partnered with the Los Angeles Public Library (LAPL) to bring a police officer-led weekly story time to six Los Angeles library branches, supported by a rotation of 18 officers throughout the year. LAPL was the ideal partner for this project because its libraries are trusted community hubs, providing all residents with free access to programs, services and books.

In Los Angeles, the nation’s second most populous city, the importance of working with a partner trusted by the community and with broad appeal to residents cannot be overstated. According to Pew Research, libraries are especially valued by lowerincome communities and communities of color. LAPL branches reflect the individual characteristics of the neighborhoods they serve, enabling LAPD to identify areas where increased engagement efforts could be particularly beneficial.

Advancing community engagement efforts can be challenging for police

departments of any size as they contend with limited resources and staffing. LAPD Read Along presented an ideal way to offer value to the community without the need for a significant financial investment.

And while it may seem simple, experts agree that reading aloud to children is the most important step toward building early literacy skills — it builds vocabulary, supports comprehension, listening and language-building skills and fosters a positive association with reading.

During the summer, the story time is scheduled to coincide with LAPL’s Lunch at the Library program, an effort at public libraries statewide during the summer months to provide free, healthy lunches to kids and teens through the U.S. Department of Agriculture’s Summer Food Service Program. Together these complementary efforts draw families to libraries’ many resources and services and create opportunities for officers to interact with children and their families.

Find More Information Online For links to related resources, read the online version of this article at www.westerncity.org.

12

League of California Cities

“Getting them reading at a young age and heading in that direction gives them a much better chance of success,” says Oseguera. He adds that feedback about the program has been positive and the LAPD Read Along is helping the department strengthen its relationships with families. He cites the importance of offering consistent, regularly scheduled readings to demonstrate the department’s commitment to building relationships and show that this is not simply a one-time event. And the connection goes both ways — this interaction helps build morale among officers by replacing the standard operation of being constantly called to negative situations with opportunities to be involved in positive interactions.

San Bernardino: creature comfort, Camping and Candid Conversation The newest canine addition to San Bernardino Police Department (SBPD) is not specially trained to detect drugs nor

San Bernardino police officers lead 16 at-risk youths on a three-day camping trip designed to build skills and relationships.

is he the product of thoroughbred police dog stock. He’s a rescue dog named Sherlock that came from the nearby Yucaipa Animal Placement Society. Sherlock is the newest member of SBPD’s community relations division, and he’s already making a name for himself in the community (and like any celebrity, he has his own Twitter handle).

Sherlock supports the department’s community engagement efforts in several ways. His instant appeal is always a conversation starter and draw at community events, and his friendly presence helps reduce stress and anxiety. Research shows that dogs and other companion animals benefit humans’ well-being in many ways, including helping to promote social behavior and support physical health.

So in early 2017 when nearly 600 North Park Elementary School students had to be evacuated to the California State University, San Bernardino campus after a shooting at the elementary school, continued

Sherlock acts as a community relations officer for the San Bernardino Police Department, offering comfort to children and youths in stressful situations.

Western City, October 2017

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Police Departments Use Creative Approaches to Build Public Trust, continued

Sherlock was there to provide respite from an overwhelming situation until the students could be reunited with their parents. Sherlock happily received a barrage of attention and petting, and parents later expressed their sincere appreciation through SBPD’s Facebook page for the calm that he helped bring to their children.

Sherlock serves as just one element of SBPD’s proactive community engagement efforts. In addition to regular opportunities for adults to meet with officers and Police Chief Jarrod Burguan, SBPD is placing an even greater emphasis on engaging San Bernardino youth through the development of a youth activities program.

SBPD launched its first youth adventure camp in June 2017. Sixteen youths identified as at risk joined officers for a three-day camping trip to Big Bear, filled with activities, skill-building and opportunities to see police officers in a new way. Lieutenant Mike Madden notes that the trip was a transformative experience for youth participants and officers alike, putting into practice a principle at the core of policing — the desire to improve and bring stability to situations and to save lives.

Understanding the youth perspective is a crucial part of SBPD’s process. The department recently developed a youth leadership academy, investing in 40 college-bound high school students who have been identified as community leaders to build practical leadership skills through a series of seminars on numerous topics from financial planning to social media.

In June 2017, SBPD held its first “Police + Youth” town hall meeting (#teensandcops) to start a dialogue focused on improving relationships between youth and law enforcement. For many youths, experiences such as the arrest of a parent, friend or neighbor or a negative interaction with the police can affect their attitudes toward law enforcement personnel. To host the town hall meeting, SBPD partnered with local community-based organizations and Fight Crime: Invest in Kids’ Police Training Institute, which aims to teach police officers how to de-escalate conflict effectively and have safe, positive interactions with young people at risk.

The town hall meeting marked the department’s commitment to authentic engagement with San Bernardino youth.

The event coincided with the start of SBPD’s “Connecting Youth & Communities With Law Enforcement” two-day

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Following years of cuts to public services and the city’s five-year bankruptcy, which ended in 2017, SBPD has had to do more with less. But rather than let community engagement become a lower priority, the department has treated this as an increasingly important reason to work collaboratively with the community.

“If you’re not listening to the community and keeping your finger on the pulse of their needs, you’re going to miss the boat,” says Madden. “You don’t want to wait until an emergency comes up to try to rally the community behind you. The relationships and trust must be established long before that time.”

Emeryville: Youth Engagement Starts With Art When the third-grade classes at Emeryville Center of Community Life visited Emeryville City Hall as part of their civic engagement day activities, they brought a few concerns to share with Police Chief Jennifer Tejada, which echoed those of many adult community members about issues such as drugs, homelessness, litter and neighborhood violence. Unfortunately, it is much more difficult for 8- and 9-year-olds to get to city council meetings to make their voices heard.

But Tejada wanted to ensure that Emeryville’s youngest residents understood that their voices mattered and that Emeryville Police Department (EPD) was listening. So the department devised a more age-appropriate engagement strategy by offering the children an opportunity to express their concerns through art.

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The students worked together in teams and participated in an art contest. The winning team earned the chance to have lunch with Tejada and EPD officers to talk about their ideas and the issues that are important to them. In addition, the Police Department is displaying all of the submissions in its facility, providing a continual reminder of its mission and of those whom the officers serve to protect.

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The Emeryville Police Department displays artwork by third-grade students depicting their issues of concern.

The Police Activities League: A Legacy of Bringing Cops and Kids Together These innovative types of community engagement are crucial to Emeryville’s policing strategy. “It breaks down barriers that may exist between the community and the police,” says Chief Tejada. “It sends the message that we care and that we are there to serve them and also to work alongside them.”

Clovis: Building a Stronger Community Together When the Clovis Police Department (CPD) puts together its annual Cops & Kids Sports camp, the community steps in to help. Putting together a summer camp for 130 kids is no easy feat. Thanks to officers volunteering their time and donations from the community and local businesses, CPD has been able to provide a summer enrichment option for kids who might not otherwise have access to summer camps. Each day is filled with activities to keep kids moving, and local businesses each adopt a day to provide meals for the kids. Even the CPD forensics team stops by with practical science, technology, engineering and math inspiration and teaches the kids how to take fingerprints.

The Clovis Fire Department helps cool down the final day by bringing some water to CPD’s donated Slip-n-Slides and waterrelated activities.

CPD Community Service Officer Kay Simpson says that support from the community has been essential to the camp’s success and shows that the department’s www.westerncity.com

steadfast efforts to build strong relationships have paid off. Simpson notes that CPD’s consistent community involvement efforts encourage better communication with the public and increase residents’ comfort level interacting with the department. This is also evident in the success of CPD’s Outdoor Movie Nights, held during the summer months. As many as 700 people, mostly families, have shown up for the Police Department-hosted movie nights held at the local mall, neighborhood parks and the Boys & Girls Club. Local churches and faith-based organizations, which are key partners with CPD, provide the equipment and set-up; their volunteers barbecue hot dogs and hamburgers while local businesses offer complementary activities. continued

The Clovis Cops & Kids Sports Camp provides fun activities for children during the summer months.

The concept for the Police Activities League (PAL) emerged in the early 20th century after a rock-throwing incident in a New York neighborhood highlighted the absence of productive social activities for youths and prompted local law enforcement leaders to provide a place and supervision for activities. Fast-forward to today, and activities leagues led by law enforcement can be found nationwide, including more than 100 chapter members of California PAL. Although each community’s program is tailored to local needs, leagues led by police officers or sheriff’s deputies typically offer youth leadership development, mentoring, homework help or athletic programs. PAL programs serve all youth, but have an emphasis on reaching at-risk youths and those in low-income neighborhoods. California PAL helps local jurisdictions by providing training, resources and best practices for PAL leaders, including how to get a program started.

For more information, visit californiapal.org or contact Bryan Ferreira, director of programs & events/technology; phone: (510) 544-4320; email: bferreira@calpal.org.

Western City, October 2017

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Police Departments Use Creative Approaches to Build Public Trust, continued

Simpson adds that using smaller, more manageable requests to ask for support has facilitated getting help from community partners. She says, “It’s easier to ask for 300 hot dog buns than to ask for complete event support, and it enables everyone to contribute to making the community stronger.”

Young participants in the Clovis Cops & Kids Sports Camp navigate a bicycle obstacle course.

The Importance of City Support and a Sustained Effort “Each day, our Police Departments are working in countless ways to build relationships in the communities we serve,” says Edward Medrano, police chief for the City of Gardena and president of the California Police Chiefs Association.

“From Coffee with a Cop to summer meal programs, we are consistently working to strengthen partnerships and build trust, and these programs would not be possible without the support of our city leaders.”

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Successful communication and building relationships with the community will always require continuing effort and the flexibility to respond to local needs. But many small steps add up to success. City leaders can play a key role in supporting that success by remaining open to new ideas and by incorporating strategies into a citywide engagement plan to foster effective programs and partnerships.

Limited city resources often necessitate creative thinking to support meaningful community engagement. San Bernardino, Los Angeles, Emeryville and Clovis are among the many California cities employing such innovative approaches and demonstrating the importance of including first responders in proactive efforts that help our communities thrive. ■

www.cacities.org

On the sorting line of a Burbank recycling facility, workers encounter needles, which pose a serious hazard.

Focusing on Safe Disposal of Sharps and Pharmaceutical Waste

by Heidi Sanborn, Akin Babatola and Debbie Raphael

It’s not often that simple policy changes can address both public and environmental health hazards simultaneously.

California local governments have found an effective solution to fund and manage the disposal of home-generated sharps and pharmaceutical waste.

Extended producer responsibility (EPR) is a policy used worldwide, whereby producers design, fund and administer programs to manage their products at the end of the product’s life. EPR means companies include the expenses of products’ end-of-life management in the cost of doing business.

A Growing Public Health Risk Medical sharps, such as syringes and needles, are a growing public health risk. Between 2015 and 2016, hypodermic needles found on the streets of San Francisco increased more than 40 percent, according to a report from San Francisco’s Office of the Controller. Public works crews found thousands of used needles during March 2017 encampment cleanups in downtown San Francisco.

In Burbank, “Sharps stuck 10 percent of recycling facility workers in 2015,” says Kreigh Hampel, the city’s recycling coordinator.

“In 2016, workers pulled 3,000 pounds of sharps from the sorting line. This is a significant worker safety issue.”

Unwanted medications and sharps have in common a lack of safe, free and convenient disposal options. Recent efforts to address the problem at the state and federal levels have been largely unsuccessful in the face of industry opposition.

Local Governments Step Up Alameda County was the first to address the problem by passing a Safe Drug Disposal Stewardship Ordinance in 2012, which required the pharmaceutical industry to fund and administer a convenient medications take-back program for residents. The pharmaceutical industry sued and lost in federal court and

appealed in July 2014 and lost again. When the U.S. Supreme Court declined to hear the case in 2016, it affirmed a major precedent that local governments could require producers of hazardous products to take them back.

To put the cost into perspective, the industry agreed in the Alameda court case that a drug take-back program would cost 1 cent per every $10 sold. In Alameda County alone, drug sales totaled almost $1 billion per year. The court found there is no cost burden to the industry. Eight California jurisdictions have now passed EPR ordinances.

“It’s a big deal,” says London Breed, president of the San Francisco Board of Supervisors. “Our legislation made producers responsible for funding and operating a collection program.”

The cities of Scotts Valley, Watsonville, Santa Cruz and Capitola have also passed EPR ordinances for pharmaceutical waste.

Now, Alameda County, San Francisco, San Mateo and other local governments are seeing the positive results of adopting EPR ordinances. San Francisco has 26 medicine bins and San Mateo has over 22 medicine bins in place, with more coming soon, that the pharmaceutical industry funds and operates. Santa Cruz County has seven bins operating with at least seven more coming, adding to the 20 bins the county distributed years ago for medicines and sharps.

A Policy Model Innovative cities and counties are sending a message to the companies profiting from these products: They must share in the cost of the products’ end-of-life management. Protecting public health and the environment is an important priority for communities throughout California. Local governments’ EPR programs are working and offer policy models for other states — and perhaps even the nation. ■

Heidi Sanborn is executive director of the California Product Stewardship Council (CPSC) and can be reached at heidi@calpsc.org. Akin Babatola is environmental compliance manager for the City of Santa Cruz and can be reached at ababatola@cityofsantacruz.com. Debbie Raphael is director of the San Francisco Department of the Environment and can be reached at deborah.raphael@sfgov.org. Melina Watts, CPSC consultant, also contributed to this article.

www.westerncity.com

Western City, October 2017

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Rejects Chall to Mello-Roos Di Court

by Robert Saxe In October 2016, a California court of appeal upheld the City of San Ramon’s creation of a community facilities district (CFD) under the Mello-Roos Community Facilities Act of 1982 and its adoption of an ordinance levying a special tax on the CFD. San Ramon levied the special tax to offset the negative fiscal impact the new development would have otherwise had on the city. The Building Industry Association (BIA)–Bay Area challenged the tax on several grounds, but the court of appeal rejected those challenges. Both the California Supreme Court and the U.S. Supreme Court declined to review the court of appeal’s decision. Therefore, the decision stands as an important reminder for cities that the creation of

Mello-Roos Community Facilities Districts may be a potential tool for cities to supplement the funds needed to provide city services to new developments.

Background: The Mello-Roos Act Like many cities in California, San Ramon has experienced rapid growth, with the population increasing from 44,722 in 2000 to 80,550 in 2017. However, since the adoption of Proposition 13 (1978), revenue generated by residential development is not adequate to fund basic services, facilities and infrastructure for these new residents. Recognizing this dilemma, the Legislature responded in 1982 by adopting the Mello-Roos Community Facilities Act, which “was enacted to

ameliorate local revenue shortages created by passage of Prop. 13.” The Mello-Roos Act authorizes cities to form CFDs and to impose special taxes approved by a twothirds vote of the qualified electorate of the CFD to finance certain specific facilities and services.

San Ramon Takes Action to Offset the Costs of a New Development In 2011, San Ramon adopted a General Plan policy requiring the city to “evaluate the ability of new development to pay for its infrastructure, its share of public and community facilities, and the incremental operating costs it imposes.” During 2013, the San Ramon Planning Commission considered a 48-unit townhouse project.

Robert Saxe is city attorney for San Ramon and can be reached at bsaxe@sanramon.ca.gov or (925) 973-2549.

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This project was the subject of litigation by the Building Industry Association-Bay Area.

enges strict in San Ramon To comply with the General Plan policy, the city conducted an independent fiscal analysis to determine whether the cost of providing services to the project would exceed the revenue generated by the project, thereby creating a negative fiscal impact. The analysis showed an annual negative fiscal impact of approximately $500 for each townhome.

BIA Challenges the CFD Creation and Special Tax

Based on the fiscal analysis, the planning commission adopted a project condition of approval requiring the developer to provide a funding mechanism to mitigate the negative fiscal impact. The developer was not required to form a CFD under Mello-Roos, but chose to do so. On Feb. 25, 2014, the city council adopted a Resolution of Formation to create the CFD and on March 11, 2014, following a landowner vote, adopted an ordinance levying the special tax.

2. The services funded by the tax were not “additional” services as required by the Mello-Roos Act; and

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On March 25, 2014, BIA filed a lawsuit seeking to set aside the creation of the CFD and invalidate the special tax. BIA argued that: 1. The special tax was really an unconstitutional general tax;

3. A provision in the CFD formation documents, which relieved the city of its obligation to provide the additional services funded by the tax if the property owners repealed the tax, amounted to unconstitutional “retaliation.”

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.

The trial court disagreed with BIA’s argument and ruled in favor of the city, and BIA appealed. The court of appeal also rejected each of BIA’s three arguments. continued

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Court Rejects Challenges to Mello-Roos District in San Ramon, continued

General versus special tax. BIA argued that the tax was really a general tax crafted to supplement the General Fund due to the wide variety of services that could be funded by the tax. Because “special purpose districts” have no power to levy general taxes under the California Constitution, BIA contended the city council could not utilize a special purpose district CFD to levy the tax.

In rejecting this argument, the court of appeal made three observations. First, the court noted that the Mello-Roos Act expressly provides that levies under the act are special taxes. Second, the court pointed out that the city’s Resolution of Formation properly identified the types of services and facilities to be funded by the tax, all of which were specifically authorized by the Mello-Roos Act. And third,

the court noted that all of the revenue from the tax was placed in a separate fund to cover the additional costs of services as established by the fiscal impact study.

The meaning of services “in addition” to existing services under the MelloRoos Act. The act restricts services that may be financed with special tax revenue to services “in addition to those provided in the territory of the district before the district was created” that do not “supplant services already available.”

(Emphasis added.)

BIA interpreted the phrase “in addition” to mean that the services funded by the special tax must be enhanced services — different in type or quality than the basic services provided prior to levy of the special tax. In other words, BIA argued

the services must be something other city residents do not receive as basic services.

In rejecting this interpretation, the court of appeal observed that “from the first enactment of the Mello-Roos Act in 1982, the Legislature was clear that landownerapproved Mello-Roos taxes could be used to satisfy an increased demand for existing services.” In short, special tax revenue approved by landowner vote may be used to fund increased demand for existing basic services as long as the increased level of service does not supplant (that is to say, replace) existing services. The Legislature enacted the Mello-Roos Act to assist public agencies in financing basic services — not to encourage new, different or enhanced versions of those services. continued on page 31

Since the adoption of Proposition 13 (1978), revenue generated by residential development is not adequate to fund basic services, facilities and infrastructure for new residents.

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Rialto youths improve fitness and make new friends.

Rialto’s Summer Bridge Program

Empowers At-Risk Youth It has been said that access without support is not opportunity. In Rialto (pop 106,528), located 55 miles east of Los Angeles, new opportunities are being created every day for at-risk youth through access and support provided by the city’s Summer Bridge to Success program.

The program is a product of the e3p3 public-private partnership, which addresses issues and opportunities related to the environment, economics/jobs and equity. The partnership aims to break destructive cycles and create positive, safe relationships. Partners include the Youth Action Project, SARGES Community Base, Young Visionaries, Black Voice Foundation, Big Brothers Big Sisters, the National Council of Negro Women, the Rialto Police Department, MHM & Associates, Rialto Unified School District and the National Resource Development Council for Local Governments (NRDC-LG).

“By connecting our community, tearing down walls and eliminating stereotypes,

we’re giving youths a whole new perspective and empowering them to lead successful lives,” says Rialto Mayor Deborah Robertson, who was a driving force in launching Summer Bridge to Success in 2014.

minates in a three-day Resiliency Camp, where participants learn how to:

Launching a Community Effort

• Handle tough situations;

With the help of a $1.4 million grant from the California Gang Reduction, Intervention and Prevention (CalGRIP) Program, the city and Police Department reached out to community-based organizations, faith leaders, parents, educators and the private sector to design a sustainable and meaningful solution to a steady increase in crimes committed by juveniles.

The Summer Bridge to Success immerses youths ages 8 to 14 in a 14-week collaborative environment where they have the opportunity to learn from community leaders and mentors. The program cul-

• Improve physical fitness; • Push their boundaries to exceed their expectations; • Sharpen decision-making skills; • Take action to ensure positive outcomes; and • Communicate more effectively.

Taking a Stand Against Violence Empowerment is a major element of the Summer Bridge to Success. With the help of the Young Visionaries Youth Leadership Academy, participants learn firsthand how to take a stand against gangs and violence. continued on page 26

The City of Rialto won an Award for Excellence in the Public Safety category of the 2017 Helen Putnam Award for Excellence program. For more about the award program, visit www.helenputnam.org. www.westerncity.com

Western City, October 2017

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Pushes Back Against Heroin

Santa Clarita

The City of Santa Clarita (pop. 216,350) is nestled between the San Fernando Valley to the south and the Grapevine to the north, less than 40 miles from downtown Los Angeles. In 2011, Santa Clarita mobilized a new, hard-hitting education and outreach campaign to address a crisis facing its young people — heroin. In less than a year, Santa Clarita had experienced more than 100 heroinrelated arrests. Of the 400 people treated for overdoses (most of which were attributed to heroin) in a two-year span, 108 were younger than 24 years old.

Coming to Grips With a Devastating Problem While the number of overdoses was spiking, most parents were completely blindsided by the presence of heroin in the community. Many considered it a fringe drug used by back-alley junkies, not college-bound kids from strong families in safe neighborhoods. Parents warned their kids to stay away from drugs and alcohol, but many assumed that telling a child not to do heroin was like telling them not to rob a bank — it should be obvious.

Heroin was available and cheap. It delivered a high via smoking or snorting, so the stigma of needle use was completely eliminated.

“This is something communities nationwide struggle with and something that affects our community,” says Mayor Cameron Smyth. “We needed to come together to find a solution.”

The city began work on a multifaceted campaign to raise awareness about this devastating problem. Staff from a cross section of municipal departments, including Recreation and Community Services,

Communications and the City Manager’s Office, met with stakeholders from the local hospital, high school and junior high school districts, local treatment and counseling nonprofits and the Los Angeles County Sheriff ’s Department.

The city conducted focus groups with high school students, who were among the campaign’s primary targets, and others. This research revealed that many parents were completely unaware of the heroin problem in Santa Clarita, and some found out only after it was too late.

“Collectively we knew we had to get to the root of the problem, which was the need to educate and inform those who were completely in the dark. We needed to shout from every available rooftop that a crisis was happening in our community and it needed to be addressed,” says Janine Prado, recreation and community services manager for Santa Clarita. continued on page 25

The City of Santa Clarita won an Award for Excellence in the Public Safety category of the 2017 Helen Putnam Award for Excellence program. For more about the award program, visit www.helenputnam.org.

Members of the Santa Clarita community attend the first Heroin Kills symposium.

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Display Advertising

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

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

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

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

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.

Chief of Police The City of Santa Monica is conducting a search for a highly qualified Chief of Police. The Office of the Chief of Police is responsible for the planning, administration, and operation of the Police Department (total staff of 443, including 224 sworn, and an annual FY17-18 operating budget of $87M). Bachelor’s degree is required with a demonstrated track record of sustained performance in law enforcement executive management. Salary range is $238,896 to $294,936 supplemented by excellent benefits including CalPERS. Apply by submitting a cover letter, comprehensive resume, and current salary to apply@ralphandersen.com. Confidential inquiries welcomed to Heather Renschler at 916/630-4900. Detailed brochure available at www.ralphandersen.com.

Ralph Andersen & Associates

www.westerncity.com

Assistant City Manager, City of Carson, CA The City of Carson (population 93,000) is located in the South Bay section of Los Angeles County and spans approximately 20 square miles. Steady and continued growth has enabled Carson to become a city of regional significance. Along with its unparalleled access to transportation and the Pacific Rim, the City’s cultural diversity also makes Carson an attractive place to live and work. The City of Carson is seeking a smart, savvy, experienced generalist to serve as its new Assistant City Manager. The ideal candidate will be politically astute, yet apolitical, and possess a strong background in city operations. He or she will have excellent oral and written communication skills and be comfortable interacting with the Council, city staff, the community, representatives of other agencies, and the general public. A candidate with municipal management experience, experience working with unions, and a background in administrative services will be highly valued. At minimum, candidates must possess a Bachelor’s degree from an accredited four-year college or university with major coursework in public administration, business administration, or a closely related field, and have a minimum of five (5) years of increasingly responsible administrative experience in the planning, coordinating, and financing of a municipality or public agency. A Master’s degree in a related field and experience as a department head is preferred. Qualified candidates must also possess a valid California Class C driver’s license. The annual salary range for the incoming Assistant City Manager is $147,744 – $188,520, DOQ. If you are interested in this outstanding opportunity, please visit our website at www.bobmurrayassoc.com to apply online. Please contact Ms. Valerie Phillips, should you have any questions.

Closing date October 29, 2017.

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

Western City, October 2017

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City Manager City of Alhambra, CA The City of Alhambra (population 85,000) is a premier familyoriented and economically prosperous community located in the San Gabriel Valley.

Alhambra is currently seeking a highly qualified, enthusiastic candidate to fill its City Manager position. The City is seeking a City Manager who will encourage an open and transparent relationship with the City Council and staff. The incoming City Manager will be a seasoned individual and forward-thinking visionary who is capable of handling economic development while ensuring the long-term financial stability of the City.

Strong interpersonal skills, unquestioned integrity, and an appreciation for diversity within a city organization will be valued. Candidates must possess a Bachelor’s degree in the area of Business or Public Administration and have five (5) years’ experience managing public sector operations; or an equivalent combination of education and experience. A Master’s degree in Business or Public Administration is desirable. The salary range for the City Manager is up to $243,984 (effective 7/18), and is dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com.

Please contact Mr. Gary Phillips at (916) 784-9080, should you have any questions.

Closing date: October 27, 2017.

www.bobmurrayassoc.com

ph 916 •784•9080 | fax 916•784•1985

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Emergency and Security Manager Santa Clara Valley Water District, CA The Santa Clara Valley Water District strives to provide Silicon Valley with safe, clean water for a healthy life, environment, and economy. The District is now seeking an Emergency and Security Manager. The ideal candidate will have the expertise to train the District’s staff and develop internal procedures to ensure the safety of water resources, the community, and District employees. The Emergency and Security Manager position requires an individual with experience and knowledge of emergency planning and response coordination, and knowledge of applicable state and federal laws. Experience as a first responder is desirable, but not required. Any combination of training and experience that would provide the required knowledge, skills, and abilities is qualifying. A typical candidate will possess a Bachelor’s degree from an accredited four-year college or university with major coursework in occupational safety, industrial hygiene, business or public administration, or a related field; as well as five (5) years of experience in planning, development, coordination, implementation, evaluation, and maintenance of a comprehensive emergency preparedness and/or a comprehensive security plan, or a major component of either such plans, including two (2) years of direct supervisory experience. Possession of, or ability to obtain a Certified Emergency Manager (CM) certification issued by the International Association of Emergency Management (AEM) within one year of hire is required. The salary for the Emergency and Security Manager is $132,412.80-$169,124.80 annually; placement within this range will be dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Contact Valerie Phillips at (916) 784-9080 with questions.

Closing date October 13, 2017.

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

Open in October . . .

Community Services Director City of Palo Alto

Assistant Director of Community Development - Planning City of Glendale

Assistant City Manager Development Services City of Napa

Teri Black • 424.296.3111 Julie Yuan-Miu • 925.820.8436 Bradley Wardle • 650.450.3299

Photo/art credits Cover: Courtesy of Diana Feil Photography Page 3: Shaunl Pages 4–5: BrendanHunter Page 7: Shaunl Page 8: Shaunl Page 9: Sundry Photography/Shutterstock.com Pages 10–11: Courtesy of Diana Feil Photography Pages 12–13: Courtesy of the City of San Bernardino Page 15: top, courtesy of the City of Emeryville; bottom, courtesy of the City of Clovis Page 17: Courtesy of the City of Burbank and the California Product Stewardship Council

Pages 18–20: Courtesy of the City of San Ramon Page 21: Courtesy of the City of Rialto and League of California Cities Page 22: Courtesy of the City of Santa Clarita and League of California Cities Pages 26–27: Courtesy of the City of Rialto and League of California Cities Page 30: Courtesy of the City of Santa Clarita and League of California Cities Page 31: Courtesy of the City of San Ramon

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Santa Clarita Pushes Back Against Heroin, continued from page 22

Implementing a Comprehensive Strategy City staff led outreach and programming efforts to create a campaign marketing plan, which included designing eye-catching graphics, videos and video contests, print and outdoor advertising, social media accounts, a website, branded t-shirts and wristbands, and a community symposium and other events.

The campaign employed strong imagery and evocative messaging. Dubbed “Heroin Kills: The High Is a Lie — The Shocking Truth About Heroin,” the campaign would come to be known in the community simply as Heroin Kills.

The city launched HeroinKills.org to serve as a landing page for news, resources, events and other relevant information and complemented public outreach efforts by adding a Facebook page (Facebook.com/ HeroinKillsSCV) and a YouTube channel (YouTube.com/HeroinKillsSCV).

Santa Clarita hosted its first Heroin Kills symposium on Aug. 30, 2011, which featured a panel of recovery specialists, law enforcement personnel, former addicts, doctors, parents of victims and representatives of the school district. The symposium provided useful, hard-hitting information to attendees about the dangers of heroin use and facts about its presence in Santa Clarita. Response to the standing-roomonly event was so positive that the symposium became an annual event, which has evolved to address related public health and public safety issues in the community.

From 2011 to 2013, the panel focused on heroin and other local drug issues. In 2014, the symposium highlighted the dangers of prescription pill usage among teens and, in 2015, it focused on marijuana use. In 2016, the symposium highlighted teens and young adults who shared their personal stories of addiction and recovery.

“Outreach efforts like Heroin Kills are critical to letting parents know that heroin is a deadly problem. Knowledge is power, and that knowledge will save lives,” says symposium panelist Tim Traurig, a retired firefighter and co-founder of the local nonprofit organization A Light of Hope, which provides support and activities for teens and young adults in recovery.

Heroin Kills has played a central role in helping to reduce the number of overdoses in the city.

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City of Claremont, California

Interested candidates can apply and obtain additional information at www.ci.claremont. ca.us. Closing date: October 27, 2017.

The Claremont City Council is looking for a dynamic, seasoned professional who will embrace the culture and historic values of our community. Claremont’s citizenry is highly educated and engaged in our decision making process. We are looking for a visionary leader to continue efforts to finance a new police facility, acquire a private water system, develop a Village South specific plan, manage the Gold Line extension, implement the Foothill Boulevard Master Plan, foster community partnerships and strengthen relationship with the prestigious Claremont Colleges and Claremont School District.

Additionally, the City is preparing its 2018-20 budget and entering employee contract negotiations. The successful candidate will thrive in a high demand, high expectation, and resident-driven environment.

The next City Manager will have a Bachelor’s Degree in Public Administration or closely related field, Master’s Degree is highly desirable, and fifteen years of progressively responsible experience in municipal government, including at least five years at an executive level.

City Manager, City of Willits, CA The City of Willits, an eclectic community of individualists, is a small town of almost 5,000 people. Located in the geographic center of Mendocino county, Willits is a hidden jewel, with much to offer in terms of scenery, climate, recreation, cultural arts. The City is seeking experienced and enthusiastic candidates for the City Manager position. A candidate who has a history of positive interactions and communication will be valued. The ideal candidate will have a proven track record in the area of economic development and will be open to new ideas concerning community issues. Candidates who will roll up their sleeves and lead by example will be valued. Candidates must possess five (5) years of progressively responsible administrative experience in municipal government with at least one (1) year as a City Manager or three (3) years at the level of Assistant City Manager or Department Head. Graduation from a four-year college or university with major coursework in public administration is expected, or any combination of training and experience equivalent to completion of a college education. The salary range for the City Manager is open and negotiable depending upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Contact Joel Bryden at (916) 784-9080 with questions.

Closing date October 20, 2017. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

continued on page 30 www.westerncity.com

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Rialto’s Summer Bridge Program Empowers At-Risk Youth, continued from page 21

“This program promotes positive outcomes by providing opportunities, fostering positive relations and giving the support needed to build on the students’ strengths and prevent risky behaviors,” says Rialto Police Lt. Dean Hardin. “As a result, many of the participants have an

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improved self-image and believe they can achieve their dreams. They’re doing better in school, and the Police Department has seen a significant reduction in juvenile delinquency, crime and violence.”

To date, 120 Rialto youths have participated in the program.

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Assistant Chief of Police, City of Indio, CA Located in Southern California in the Coachella Valley, the City of Indio (approximate population 89,000) spans 30 square miles and is currently the largest and fastest growing city in the Coachella Valley.

Indio is ranked as one of the top emerging travel destinations in the country and ranked as one of the best places to live for young families. The City of Indio now seeks an Assistant Chief of Police.

The ideal candidate will be a service-minded individual with proven leadership capabilities, excellent communication and interpersonal skills, and ability to listen. He or she will have a strong community policing and problem-solving background, experience in strategic and succession planning, and a track record of working well with outside agencies. A candidate who can multi-task effectively with demonstrated ability to accomplish tasks in a timely manner will be ideal. At minimum, candidates must possess a Bachelor’s degree from an accredited college or university with coursework in Administration of Justice, Public Administration, Business Administration, Management, or a related field, and have a minimum 10 years of progressively responsible law enforcement experience, including considerable managerial and supervisory experience to include a minimum four (4) years of management experience equivalent to the level of a Commander or Lieutenant (2nd level supervisor) in a law enforcement agency. Candidates with a Master’s degree and graduates of the FBI National Academy or Command College are preferred. Candidates must possess a valid Class C California driver’s license and maintain a clean driving record. The ability to obtain a Basic Course Waiver within six (6) months of employment is also required. The annual salary for this terrific opportunity is $125,629-$185,611, DOQ. If you are interested in this outstanding opportunity, please visit our website at www.bobmurrayassoc.com to apply online.

Contact Mr. Joel Bryden at (916) 784-9080, should you have any questions.

Closing date October 11, 2017.

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

CITY OF VISALIA The City of Visalia, a steadily growing community of over 133,000 residents is located in the heart of California’s San Joaquin Valley. Visalia’s immediate benefits are its high quality of life, small-town charm, safe neighborhoods, excellent schools, a vibrant downtown, institutions for higher learning and a low cost of living with a median home price of $245,000. Old fashioned work ethics, commitment to excellence and community pride are key factors to its success and vitality.

The City Manager will work closely with the City Council in providing progressive leadership and oversight for all programs and services by the city organization. City Council and management staff are effective partners and maintain a high level of mutual CITY respect. The key priorities for the incoming City MANAGER Manager include issues related to quality of life. William Avery & Associates Management Consultants The desire is to maintain economic vibrancy through continued focus on effective land use decisions, maintaining 31/2 N. Santa Cruz Ave., Suite A a strong city infrastructure and providing economic development Los Gatos, CA 95030 opportunities in a business and development friendly manner.

408.399.4424

This position requires a minimum of seven years of extensive management Fax: 408.399.4423 experience in government administration and a Bachelor’s degree with a email: jobs@averyassoc.net major in public/business administration, economics, finance or a related www.averyassoc.net field. A Master’s degree, experience within a community with a strong downtown focus and the ability to relate to an agriculturally based environment are highly desirable.

The salary range is open and negotiable, DOQ. Please visit the Avery Associates Career Portal at www. averyassoc.net/current-searches/ to upload your letter of interest, resume, salary history and contact information including email addresses for five work-related references to Paul Kimura by October 16, 2017.

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“Summer Bridge to Success started because we realized we could create change in Rialto by educating, rehabilitating and mentoring the youth in our community,” says Mayor Robertson. “Clearly that is happening.”

Terrance Stone, president and chief executive officer of Young Visionaries Youth Leadership Academy, calls the program a model public-private partnership. He says, “This is a collaborative effort involving some of the most innovative programs we have in the area, working with some of the greatest kids we have in the area.”

Stone is a former gang member who turned his life around and now devotes his time to helping others do the same.

Stone and other program leaders say that such efforts begin by not dismissing socially unacceptable behavior as normal adolescent conduct that will go away with time.

Program Provides Hope and Opportunity “It’s difficult for parents to recognize that their child might be at risk,” says Mayor Robertson. “The youths of today face challenges that are very different from those of past generations. For many, it leads to a life of gangs, drugs and crime.”

Generational and cultural barriers to educational attainment compound the challenge. In Rialto, 67 percent of adults have a high school diploma and

Team-building exercises boost self-confidence.

just under 10 percent have a bachelor’s or advanced degree. That compares with California averages of 82 percent and 31 percent, respectively. Nearly one in five Rialto residents lives below the poverty line.

“Many Rialto households face economic struggle. Many cannot afford the education or opportunities their children need,” says Lt. Hardin. “Some children in our city do not believe that college or higher education is even a possibility for them.”

Establishing personal connections with community members can help break down barriers, create hope and begin to transform lives. As an example of that, more than 20 officers from the Rialto Police Department recently went door to door to provide iPads to youths who have participated in the program. The tablets provide access not just to technology, but also support building relationships with other program participants and local police officers.

“We couldn’t be happier with the results,” says Mayor Robertson. “To see the transformation in the lives of our youth is a privilege and a blessing.”

For more on the program, visit Rialto Summer Bridge to Success on Facebook or check out its overview video on YouTube.

Contact: Dean Hardin, lieutenant, Rialto Police Department; phone: (909) 820-2639; email: dhardin@rialtopd.com. ■

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Available in October . . .

Chief Information Officer City of Burbank

Executive Director

South Bay Regional Communications Authority

Administrative Services Director City of Carpinteria

Teri Black • 424.296.3111 Julie Yuan-Miu • 925.820.8436 Bradley Wardle • 650.450.3299

CITY MANAGER

City of Orange Cove, California

A dance class gets youngsters moving.

The City of Orange Cove (pop 9,600) is accepting applications for the position of City Manager. Orange Cove is an agricultural community located in Fresno County about 34 miles east of the City of Fresno.

Applicants should have a minimum of a B.A. in public/business administration and at least five (5) years of progressive management responsibility as City Manager, Assistant City Manager or municipal department head.

The successful candidate should have strong skills in administration, municipal finance, planning and personnel.

Knowledge of grant writing and reporting would be beneficial. Additionally, it would be beneficial for the candidate to have a working knowledge of public works, water and wastewater treatment.

Closing date October 31, 2017.

The City offers a competitive salary dependent upon the selected candidate’s qualifications and offers excellent benefit package including CalPERS retirement.

Please submit comprehensive resume with cover letter, salary history and five (5) professional references to: dbheusser@cityoforangecove.com. Additional information about Orange Cove can be found at www. cityoforangecove.com or by contacting the Interim City Manager D-B Heusser at 559.626.4488 ext 215.

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PeckhamMcKenney &

Presents Outstanding Career Opportunities

City Manager City of Ventura, CA

Located along Southern California’s beautiful coastline, the City of Ventura (pop. 109,000) is home to miles of golden beaches, a beautiful and vibrant downtown district, and a variety of arts, culture, and entertainment options. Located just 30 miles south of Santa Barbara and 63 miles northwest of Los Angeles, Ventura is one of the country’s most livable communities and has been named among “The 10 Best Places to Live Now” by Men’s Journal and “the absolute most desirable place to live in America” according to the USDA Economic Research Service in 2015. Incorporated in 1866, Ventura is a community proud of its long history and rich culture. The revitalized historic downtown district boasts museums, galleries, dining, and shopping, as well as the Mission San Buenaventura and the internationally acclaimed Rubicon Theatre Company. Appointed by the seven-member City Council, the City Manager will oversee this full-service City with approximately 600 full-time employees and a Fiscal Year 2017/18 budget of $110.6 million. Bachelor’s degree in public or business administration or a related field is required; Master’s preferred. The current incumbent’s annual salary is $246,684, and appointment will be made depending on the experience and qualifications of the selected candidate.

Filing deadline is November 3, 2017. Contact Bobbi Peckham.

Senior Civil Engineer City of Rancho Palos Verdes, CA

For those looking for a supportive environment to accomplish some exciting capital projects, this is the position you’ve been seeking.

The City of Rancho Palos Verdes (pop. 42,000), situated atop the hills and bluffs of the Palos Verdes Peninsula in Los Angeles County, is a contract city that has maintained its low-tax, low density, semi-rural environment with expansive views of the Pacific Ocean and Los Angeles basin. Residents enjoy 7.5 miles of Pacific coastline, the 1,400-acre Palos Verdes Nature Preserve, and hundreds more acres of open space. The Senior Engineer position will work in a team-oriented, professional environment within the Department of Public Works. The position also serves as a project manager for professional and complex engineering activities including compliance, design, construction, traffic and transportation and will perform related work as assigned. The Senior Engineer will present information to the City Council and various commissions, committees and boards, as well as regularly attend Planning Commission meetings and serve as a staff liaison to the various committees. A Bachelor’s degree in Civil Engineering, or a related engineering field and five years of responsible experience in civil engineering and/or traffic engineering. Salary range from $97,866-$127,088 with excellent benefits.

Filing deadline is October 9, 2017. Contact Phil McKenney or Josh Agnew.

Senior Planner

City of Rancho Palos Verdes, CA

For those looking for a supportive environment to accomplish some exciting projects, this is the position you’ve been seeking. The City of Rancho Palos Verdes (pop. 42,000), situated atop the hills and bluffs of the Palos Verdes Peninsula in Los Angeles County, is a contract city that has maintained its low-tax, low density, semi-rural environment with expansive views of the Pacific Ocean and Los Angeles basin. Residents enjoy 7.5 miles of Pacific coastline, the 1,400-acre Palos Verdes Nature Preserve, and hundreds more acres of open space. The Senior Planner will have an integral role in the zoning and planning within the Community Development Department.

The Senior Planner’s essential functions will include the interpretation of planning, zoning, and other codes and regulations that vary with a wide variety of complex assignments, and just as important, interacting and working effectively with private developers, regional agencies and the public in an effort to enhance and further develop these relationships. A Bachelor’s degree in Urban Planning, Public Administration or a closely related field and four years of professional planning experience is required. Certification by the American Institute of Certified Planners (AICP) is preferred, but not required. Salary range from $86,181 - $111,933 with excellent benefits.

Filing Deadline is October 9, 2017. Contact Phil McKenney or Josh Agnew.

“All about fit” City Manager City of McCall, ID

Nestled in Idaho’s west central mountains, McCall is a vibrant resort community located approximately 100 miles north of Boise. McCall encompasses 10 square miles and has a population of approximately 3,100 residents which can double during the summer months and holidays. The City is situated on the southern shore of beautiful Payette Lake at 5,021 feet in elevation and is bordered by towering pinecovered mountains averaging 8,000-9,000 feet tall. Originally founded as a logging town, today McCall is an all-season tourist destination for outdoor recreation and adventure enthusiasts. McCall has an excellent school system (America’s Top 1,000 High Schools), a fullservice hospital and medical clinic, a municipal airport, a municipal golf course nationally recognized for its environmental efforts, and a wide range of city-sponsored recreation and sports opportunities. The City Manager is responsible for implementing the vision, policies, and goals of the McCall City Council. This role requires a close working relationship with the Council, City staff, and the community at large.

The new City Manager will inherit a team of strong, creative, and experienced department heads who are accustomed to being partners in planning and decision-making. Bachelor’s degree in public or business administration required, Master’s degree preferred and five years experience in city management or related experience also required, ten years preferred. Salary in the low $100’s with excellent benefits.

Filing deadline is October 9, 2017. Contact Phil McKenney.

Upcoming Recruitments City of Azusa, CA – City Manager Town of Moraga, CA – Town Manager Placer County, CA – County Executive Officer

Congratulations to our Recent Placements!

Bruce Kroon, Fire Chief, City of Bothell, WA Elias Sassoon, Public Works Director, City of Rancho Palos Verdes, CA Mia Brown, General Counsel, South San Joaquin Irrigation District, CA Jonathan Borrego, Development Services Director, City of Oceanside, CA Amy Northam, Executive Director, Redwood Empire Municipal Insurance Fund, CA Keene Simonds, Executive Officer, San Diego Local Agency Formation Commission, CA

Please send your cover letter and resume electronically to:

Peckham & McKenney

apply@peckhamandmckenney.com Resumes acknowledged within two business days.

Detailed brochures are available at www.peckhamandmckenney.com (866) 912-1919

Santa Clarita Pushes Back Against Heroin, continued from page 25

While the number of overdoses was spiking, most parents were completely blindsided by the presence of heroin in the community.

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City Manager, City of San Gabriel, CA Located 10 miles east of the Los Angeles Civic Center, the City of San Gabriel is a vibrant and culturally diverse city. San Gabriel spans 4.09 square miles and is home to a population of more than 42,000 residents made up of Asian, Hispanic, Caucasian, and other ethnic groups. The City’s thriving business community, proximity to downtown Los Angeles, highly-ranked restaurant culture, and beautifully and culturally rich Mission District attract businesses, commerce, and year-round tourism to this historic city. The City is now seeking an experienced administrator and proven manager to provide effective leadership while coordinating the activities of a municipal organization. The ideal candidate will be a strategic thinker and visionary leader who will take a creative approach to problem-solving and managing the City’s long-term goals. He or she will be results-driven, opportunistic, flexible, and open to new ideas. The Council requires a candidate with strong business acumen and prior experience and demonstrated accomplishment in strategic planning and capital improvements and economic development that includes recruiting mainstream businesses. The Council highly desires a manager with past hands-on work with public/private partnership projects. The candidate must display a successful history and background in community engagement and experience dealing with culturally, ethnically, and economically diverse communities. At a minimum, candidates must possess a Bachelor’s degree from an accredited four-year college or university with major coursework in public administration, business administration, finance, or a closely related field, and have a minimum of ten (10) years of broad and extensive administrative experience including a minimum of five (5) years in an executive leadership or management role. The annual salary range for the incoming City Manager is open, DOQ. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Gary Phillips at (916) 784-9080, should you have any questions.

Closing date October 20, 2017.

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

City Manager CITY OF CRESCENT CITY

Salary $98,795-$126,238 DOQE plus competitive benefit package.

The City of Crescent City is seeking a City Manager who will be a proven leader and possesses experience in municipal finance and budgeting, economic development, sustainability and transparency within a local government agency. The ideal candidate would be highly motivated, creative, proactive and a forward thinking visionary. The new City Manager will provide clear direction for staff and create and implement more effective work practices and have a meaningful impact on the community.

Promoting the well-being of the City, both internal and external to the organization, should be one of the Manager’s overarching goals. The ideal candidate should possess the ability to work on a variety of complex issues while focusing on quality customer service. The new City Manager will need to have the ability to involve and engage any number of groups and individuals with different perspectives and interests. Direct experience working with a Council, Board or Commission is highly desirable.

Recruitment will close October 20, 2017. For more information, please visit www.crescentcity.org or contact Sunny Valero, Human Resources Administrator at (707) 464-7483 ext. 233 or svalero@ crescentcity.org

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Families learn about the dangers of heroin at a community event.

Extensive Media Coverage Highlights the Issue Heroin Kills has played a central role in helping to reduce the number of overdoses in the city. The first Heroin Kills symposium drew more than 500 community members. Los Angeles KNBC Channel 4 News, Los Angeles KCBS Channel 2 and KCAL Channel 9 covered it with live remote broadcasts. Subsequent annual symposiums received national exposure on Entertainment Tonight and in the Los Angeles Times. The local media devoted extensive coverage to the campaign and its events.

Other communities are replicating or adapting the Heroin Kills model. A suburban community in Illinois used the campaign as a template to attack a similar problem.

A nonprofit organization in the neighboring San Fernando Valley has adopted the Heroin Kills symposium format.

Making a Difference Between 2011 and 2014, deaths related to heroin dropped from 16 to 5 in Santa Clarita.

The city, law enforcement, school districts and local agencies remain vigilant partners in creating ways to maintain a heightened awareness of the dangers of drugs.

Contact: Kevin Strauss, communications specialist, City Manager’s Office; phone: (661) 255-4385; email: kstrauss@ santa-clarita.com. ■

www.cacities.org

Court Rejects Challenges to Mello-Roos District in San Ramon, continued from page 20

Conditioning the city’s obligation to provide the services on its continued receipt of the tax. The CFD formation documents contained a provision that provided:

lished within CFD No. 2014-1, and if there is no such association, they shall become the joint obligations of the property owners of Parcels within CFD No. 2014-1 in proportion to the number of Parcels owned by each such owner to the total number of Parcels within CFD No. 2014-1.”

“If the levy of the Special Tax is repealed by initiative or any other action participated in by the owners of Parcels in CFD No. 2014-1, the City shall cease to levy the Special Tax and shall cease to be obligated to provide the Authorized Facilities and Authorized Services for which the Special Tax was levied. The obligations to provide the Authorized Facilities and Authorized Services previously funded by the repealed Special Tax shall become the obligations of any property owners association estab-

BIA challenged this provision as a form of pre-emptive retaliation for an event that had yet to occur — the repeal of the special tax. BIA contended that the provision violated due process and was also unconstitutional because it would have a chilling effect on the property owners’ exercise of their initiative rights.

The court of appeal responded: “It is not a violation of due process to recognize that if a tax has been imposed to provide

additional services and facilities to a district, and if that tax is repealed and not collected, there will no longer be funds to provide the district with those additional services and facilities, and any obligations that have been incurred to provide these services and facilities will need to be met from other sources.”

Conclusion This case does not break new ground, but in revisiting and reinterpreting old ground, the case may have the unintended consequence of alerting cities to the fact that Mello-Roos is not limited to funding the extension of sewer lines, but was also intended by the Legislature to help cities finance certain basic services required by new development. ■

The City of San Ramon prevailed in litigation related to this development.

Looking for Footnotes?

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

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

www.westerncity.com

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Bobbi C. Peckham • Phil McKenney

Peckham&McKenney www.peckhamandmckenney.com

Roseville, CA

866.912.1919

Western City, October 2017

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Western City, October 2017

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A MAN OF ACTION SPEAKS LOUDER THAN WORDS. If you ever walk over to the Capitol with Partner Randy Pollack, everyone you meet will respond with, “Oh, you know Randy? He’s the best!” While that’s a nice affirmation of Randy’s personality, nothing beats actually seeing his abilities at work. When one of the firm’s municipal clients nearly fell victim to a sophisticated fraud scheme involving the city’s vendor numbers, Randy jumped into action. To prevent this from happening to other public agencies, he worked with State Senator Lois Wolk to develop a bill to safeguard key financial information from misuse under the California Public Records Act. SB 441 quickly made its way through all levels of the Capitol and was signed into law by Governor Brown, just months later. It’s not for nothing that Randy Pollack was voted the most underrated lobbyist working at the Capitol.

At Churchwell White, we understand that results are created by people. Together, our team of lawyers and legislative advocates combine unexpected ideas with decades of proven experience. If you need a strategic partner with creative solutions, call to see what we can do for you.

PUBLIC LAW

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