Western City August 2012

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AUGUST 2012 | The Monthly Magazine of the League of California Cities www.westerncity.com Annual Conference Preview p.14 10 Questions to Ask Before Installing Solar p.20 What You Should Know About Hiring CalPERS Retirees p.10

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The Annual Conference Preview

Transcript of Western City August 2012

Page 1: Western City August 2012

A U G U S T 2 0 1 2 | T h e M o n t h l y M a g a z i n e o f t h e L e a g u e o f C a l i f o r n i a C i t i e s

www.westerncity.com

Annual Conference Preview p.1410 Questions to Ask Before Installing Solar p.20

What You Should Know About Hiring CalPERS Retirees p.10

Page 2: Western City August 2012

Solutions for Your City at Your Fingertips

Western City magazine is your premier source to recruit candidates for municipal jobs, learn about policy affecting California cities and find solutions for your city.

Don’t miss the latest issue of Western City magazine. It’s in your mailbox every month and always online at www.WesternCity.com.

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Call us today (800) 262-1801or visit us online at www.WesternCity.com

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CONTENTS

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Calendar of League Events

President’s Message Reflecting on Our Progress And Moving ForwardBy Mike Kasperzak

The League has met the challenges

of the past year, and much work

remains to be done.

City Forum Don’t Miss the Leadership Gala at the Annual Conference By Eva Spiegel

The gala is the perfect occasion

to mix, mingle and support the

League’s work on behalf of cities.

Everyday Ethics for Local Officials Regulating Lobbying Activities, Part I of IIBy Daniel D. Purnell

This article examines common

elements of lobbying laws and

how these laws typically regulate

lobbyist behavior.

Legal Notes What You Should Know About Hiring CalPERS RetireesBy Richard Padilla and Joaquin Vazquez

Many cities have hired recent retir-

ees to bridge staffing needs during

the economic crunch. But failing to

recognize and comply with require-

ments of the statutes governing

such hires can result in unintended

adverse consequences for both the

city employer and the retiree.

Annual Conference Preview Cities Guiding Healthy GovernmentBy Lorraine Okabe

A look at the highlights of next

month’s conference.

Exposition Exhibitors 17

10 Questions to Ask Before Installing Solar Power on Agency FacilitiesBy Eva Spiegel

As the cost of installing solar

photovoltaic systems on agency

facilities has declined over the

past few years, local agencies are

considering the benefits. Asking

the right questions can help make

the project a success.

Job Opportunities

Professional Services Directory

On the Cover: The San Diego Con-

vention Center, site of the League’s

2012 Annual Conference & Expo

Photo: Courtesy Timothy Hursley

and San Diego Convention Center

Looking for “On the Record”?

This month’s “On the Record” interviews with council mem-bers are on our website. Visit www.westerncity.com and click on “Web Exclusive.”

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League of California Cities www.cacities.org2

Western City (ISSN 0279-5337) is published monthly by the League of California Cities, 1400 K St., Sac-ramento, 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.

Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2012 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume LXXXVIII, No. 8.

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

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leagueventsSEPTEMBER5Policy Committee Meetings, San DiegoThe League’s policy committees review issues of interest to cities statewide and make recommendations to the League board of directors.

5Legal Advocacy Committee Meeting, San DiegoThe committee reviews and recommends friend-of-the-court efforts on cases of significant statewide interest to California cities.

5 – 7League of California Cities 2012 Annual Conference & Expo, San Diego Convention CenterThis conference offers dozens of educational sessions, numerous professional development opportunities, hundreds of exhibits and a chance to participate in the League’s policy-making activities at the Annual Business Meeting.

NOvEMBER15 – 16Board of Directors Meeting, SacramentoThe League board reviews, discusses and takes action on a variety of issues affect-ing cities, including legislation, legal advocacy, education and training, and more.

28 – 30City Clerks New Law & Elections Seminar, San JoseThis seminar covers laws affecting elections as well as many aspects of the clerk’s responsibilities.

28 – 29Municipal Finance Institute, San JoseThis conference provides essential information in a new two-day format for city officials and staff involved in fiscal planning for municipalities.

ExecutiveDirectorChris McKenzie

Second VicePresidentJosé CisnerosTreasurerSan Francisco

First VicePresidentBill BogaardMayorPasadena

PresidentMichael KasperzakMayorMountain View

ImmediatePast PresidentJim RidenourFormer MayorModesto

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

Magazine Staff

Editor in Chief Jude Hudson (916) 658-8234email: [email protected]

Managing Editor Eva Spiegel (916) 658-8228email: [email protected]

Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256email: [email protected]

Administrative AssistantAnita Lopez(916) 658-8223email: [email protected]

ContributorsMike EganNatasha KarlKoreen KelleherSussan NasirianBismarck ObandoJoAnne SpeersPatrick Whitnell

Associate EditorsCarol MalinowskiCarolyn Walker

DesignPat Davis Design Group, Inc.

For photo credits, see page 25.

For the latest information on League conferences and events, follow us on Twitter @CaCitiesLearn.For legislative and policy updates and more, follow @CaCities. Follow Western City @WesternCityMag.

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

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

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

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President’s Message by Mike Kasperzak

Reflecting on Our Progress And Moving Forward

As the end of my term as League president approaches, I’ve been considering the challenges of the past

year and the progress that we’ve made in meeting them.

Redevelopment: Loss and Opportunity

Certainly one of the most difficult issues we’ve had to grapple with during the course of the year has been the elimination of redevelopment agencies. In California Redevelopment Association v. Matosantos, the state Supreme Court upheld AB 1X 26 (the redevelopment “elimination” bill) but struck down AB 1X 27, the bill that would have allowed agencies to remain in operation as long as they made a payment to the state. The decision to sacrifice this powerful tool for limited financial gain was one of the most shortsighted legislative acts of the past two decades. It reminds us of the way the Legislature similarly embraced electric-ity deregulation in the 1990s. And it raises this question for cities and the League: Are we going to take this lying down or con-tinue to defend our other constitutionally protected revenues? These revenues include the property tax (no more loans to the state), sales tax, utility user’s tax, transient occupancy tax, gas tax and more.

Having said that, the need to be prepared to go into the courts to defend the constitutional protections we fought so hard to pass has now been demonstrated by the passage of AB 1484, the deeply troubling redevelopment budget trailer bill that puts property and sales tax at risk of diversion by the governor’s Department of Finance. I am confident that we will use every

resource we have to fight for local control in this and other arenas as we work to secure possible new forms of funding for is-sues of shared priority for both state and local government, such as sustainable development.

Fighting Obesity and Creating Healthy Cities

The obesity epidemic continues to have a major impact — not only in California but also nationwide. We are seeing growing awareness of and attention to obesity and the diseases and other issues associated with it. The relationship of obesity to diabetes and chronic illnesses, as well as the inherent short- and long-term costs to cities and society as a whole, are public health issues.

The Healthy Eating Active Living (HEAL) Cities Campaign, launched by the League and the California Center for Public Health Advocacy in 2008, offers workshops, technical assistance, model policies and a website to help cities become healthier places to live and work. In this California once again leads the nation. We have done so in the past on many issues, beginning with air quality. The current focus on creating healthier com-munities also complements one of the League’s 2012 strategic priorities: Build strong partnerships for a stronger Golden State.

continued

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At its November 2011 meeting the League board of directors passed a mo-tion supporting 100 percent participa-tion in the HEAL Cities Campaign by cities with representatives on the board. The League’s Community Services Policy Committee also took similar action in early 2012 to encourage its member cities to participate in the HEAL Cities Campaign. Encouraging cities to adopt policies and programs that promote health and wellness in the community is a League policy. We hope to have 150 cities participating in HEAL by next month.

Other states are now following Califor-nia’s lead in the area of encouraging and planning for healthy communities. This effort is also directly related to the need for continued renewal and redevelopment of our urban areas to encourage walking, biking, safe routes to school and more.

We are starting to see the positive results of the HEAL Cities Campaign in our cities, in healthier workforces and other ways. And at the League’s 2012 Annual Confer-ence & Expo next month in San Diego, the League Partners will unveil a new program to support cities’ efforts around employee health and wellness.

Public Pension Reform

Public pension reform is another strategic priority we’ve been working on in 2012. The primary election results indicated that this is a high-priority issue in California and throughout the nation. Looking ahead, this raises a number of questions.

The issue of public pensions is related to issues of health and longevity. As we become healthier and scientific advances make it possible to live longer, how does that play out in the big picture of com-pensation? As life expectancy increases,

should retirement age increase? Can we afford to pay pension and health care costs for someone who worked 30 years and then lives another 50 years to age 100 or beyond?

If a public employee’s pension is a vested right and cannot be modified once in place, how do we address the fact that employees’ life expectancy is steadily in-creasing? Far more thought must be given to significant pension reform as we move forward to ensure that there is a viable long-term system in place to meet the

We will use every resource we have to fight for local control.

Reflecting on Our Progress and Moving Forward, continued

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Sales and Use Tax 

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Western City, August 2012www.westerncity.com 5

true retirement needs of our employees. As Western City goes to press the Legisla-ture has not yet enacted a pension reform package. If it fails to do so, rest assured the League will continue to advocate strongly for reform when the Legislature returns from its summer break.

Paying for Essential Services

Another question confronts us as we consider the future of California’s cities: What should we do as a society about the way we pay for services? Our current tax system was essentially developed for an agrarian and production-based economy. Our system continues to be based on taxing a shrinking taxable base, despite the fact that we need revenue to pay for the ever-increasing essential services our residents depend on.

We need to think about this and look toward big-picture solutions around taxa-tion and revenue. It will require examin-ing how our state’s economy functions and what kinds of revenue opportunities are sustainable in the long term.

Moving Forward

We must openly and objectively dis-cuss these and other major issues as we move forward. The League’s tradition of collaboration and cooperation provides an excellent springboard for exploring solutions to the challenges before us. As elected leaders we have a responsibility to take a proactive approach to dealing with the overarching issues that will affect the quality of life for all Californians for years to come. Let’s build on the successes we’ve achieved and use that experience to start addressing these issues sooner rather than later. n

Thanks and Acknowledgments

My year as League president has been enriched by the help of many people. I want to thank my City of Mountain View colleagues and staff for their support. In addition, the League’s Executive Committee mem-bers have been enormously helpful during the past year as we worked together to help craft solutions. I also would like to thank the League board of directors as well as the League staff for their hard work and commitment to the cities of California. And my sincere thanks to all the League Leaders — the department, division, policy committee and constituent group leaders and members — who have contributed to our successes during the year.

I want to acknowledge the League Partners and their support of all that the League strives to achieve. The League Partners play a very important role in helping us to reach our goals and make California a better place to live. Finally, many of you had the privilege of working with 2010 League Partner President Stuart Wells, who passed away earlier this year after a lengthy battle with melanoma. Those of us who had the good fortune to know and work with Stuart will remember him for his warm and loving nature, great sense of humor, positive outlook and passion for local government.

I deeply appreciate the opportunity to serve as president of the League, and I look forward to seeing many of you next month at the League of California Cities 2012 Annual Conference & Expo.

More Resources Online

For links to additional resources and information related to the topics discussed here, read the online version of this article at www.westerncity.com.

The Best Procurement Solution for Public Agencies

Leaders in Providing World Class Procurement Resources and Solutions

www.uscommunities.org

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League of California Cities www.cacities.org6

Don’t Miss the Leadership Gala at the Annual Conference by Eva Spiegel

Eva Spiegel is communications director for the League and can be reached at [email protected].

Attending the League’s annual conference next month offers an opportunity

to join your colleagues from throughout California for the most comprehensive

educational program designed specifically for all city officials. It’s also the per-

fect occasion to support the League’s work on behalf of cities by attending the

Seventh Annual Leadership Gala Casino Night. As you plan your annual confer-

ence schedule be sure to include the gala — it’s a night of fun, networking and

support for the League that you won’t want to miss.

The gala event is sponsored by Will-dan, Keenan & Associates, Piper Jaffray and Republic Services. It will be held Wednesday, Sept. 5, at 8:00 p.m. at the Hard Rock Hotel in San Diego. Entry is free, and casino chips are available for a suggested donation to CitiPAC of $50 per person or $75 per couple. Twenty tables will feature blackjack, craps and roulette, as well as refreshments. Come mix and mingle with your colleagues and support the League’s efforts to strengthen and protect local control. Join us as we recognize the League Partners who invest in our advocacy efforts.

Launched in 2006 by the League board of directors, the Annual Leadership Gala Casino Night is the one statewide CitiPAC event held each year and is critical to the League’s success at the ballot box. CitiPAC, the organization’s political action committee, was created in 2003 before the League worked to successfully pass Proposition 1A. The League’s victories in defeating Prop. 90 in 2006, winning the No on 98/Yes on 99 campaign of 2008 and passing Prop. 22 in November 2010 would not have been possible without the support of CitiPAC.

Defending Local ControlThe League’s successful advocacy program uses a three-pronged approach to defend

local control: lobbying in the Legislature, engaging in the statewide initiative pro-cess and litigating in the courts.

The League’s ballot box activities are sup-ported through fundraising. A well-funded political action committee plays a critical role in fighting initiatives that could weaken local control or enable the state to seize local revenues. CitiPAC also supports initiatives that make cities stronger.

Your Support Is EssentialCitiPAC raises money year round and at events such as the Annual Leadership Gala Casino Night, where both indi-viduals and corporate sponsors provide support. You can be part of the League’s fundraising efforts by joining your divi-sion’s CitiPAC planning committee to help with your division’s annual event. CitiPAC also makes it easy to give either annually or on a monthly basis at www.CitiPAC.org.

Events like the gala and regional golf tournaments, bocce ball tournaments and entertainment evenings are not only a great deal of fun but also support a very important cause. By attending, you lend your voice to the League’s constant advocacy on behalf of cities. n

Upcoming CitiPAC Events

Join us for these fun events.

Aug. 17, noon to 7:00 p.m., Chan-nel Counties Division CitiPAC Golf Tournament, Solvang

Aug. 25, 1:00 to 3:00 p.m., Sac-ramento Valley Division Bowling Tournament, Sacramento

Oct. 11, 11:30 a.m. to 8:00 p.m., Central Valley Division CitiPAC Golf Tournament, Dryden Golf Course, Modesto

Oct. 19, 11:30 a.m. to 8:00 p.m., South San Joaquin Valley Division CitiPAC Golf Tournament, Ridge Creek Golf Club, Dinuba

Oct. 19, noon to 7:00 p.m., River-side County Division Golf Tourna-ment, Menifee

Visit www.CitiPAC.org for more information on upcoming events.

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www.westerncity.com Western City, August 2012 7

Everyday Ethics for Local Officials

Regulating Lobbying Activities, Part I of IIby Daniel D. Purnell

This column is a service of the Institute for Local Government (ILG), whose mission is to promote good government at the local level. For more information and to access ILG’s resources on public service ethics, visit www.ca-ilg.org/trust. Author Daniel D. Purnell is both a former local elected official and former executive director of the Oakland Public Ethics Commission. Purnell practices campaign and election law in California and serves as a volunteer for ILG. He can be reached at [email protected].

Question After a series of unfortunate

experiences, our agency is considering whether to adopt

regulations related to lobbying the agency. What should we

understand about regulating lobbyists?

Answer Let’s start with a common scenario.

A local property owner wants to develop a vacant parcel

of land. A group of neighbors hears about the project and

arranges a meeting with local officials to express their

concerns. The property owner, concerned about project ap-

provals, hires a former elected official to advocate on be-

half of the project. The local officials, after meeting with

both sides, begin to form their opinions about the project.

continued

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While this scenario may seem familiar, it also raises a series of complex issues about the role of influence in the public deci-sion-making process. All U.S. citizens are guaranteed the right of free speech, the right to freely associate with like-minded persons and the right to petition elected officials. But competing public interests are involved, such as transparency, the fair exchange of ideas and the integrity of the decision-making process.

Local lobbying laws attempt to reconcile these important rights and interests and address the appropriate role of lobbying in local governmental decision-making as well as whether — and to what extent — local agencies should regulate lobbying.

Over the years, courts and commentators have articulated the potential harm that unregulated lobbying can have on govern-mental institutions. Corruption and the appearance of corruption (often in the form of bribery, “sweetheart” contracts and poor decisions such as pork-barreling and earmarking) are identified hazards that government has an interest in avoid-

ing. Other potential hazards include having the public voice drowned out by the voice of special interests and having public decisions based on flawed or incor-rect information.

Commentators have also recognized the potential benefits of professional lobbying, such as providing necessary information to decision-makers and organizing various and numerous voices into an efficient, col-lective and comprehensive message. Today, even local agencies retain lobbyists to rep-resent their interests before other legislative and administrative bodies.

In California, the state and a grow-ing number of local jurisdictions have adopted lobbying laws. The California Supreme Court upheld the lobbyist registration and reporting requirements contained in the Political Reform Act of 1974. The court noted that those provi-sions and the act’s $10-per-month limit on gifts from lobbyists to state candidates and elected officials “do not constitute substantial limitations on petition and speech rights.”

These laws share many common and essential elements and, at the same time, grapple in their own way with difficult-to-define terms and concepts. This article examines and discusses common elements of lobbying laws and how these laws typi-cally regulate lobbyist behavior.

Part II, which will appear in the October issue of Western City, will discuss admin-istering and enforcing lobbying laws, pos-sible alternative and complementary laws, and how to evaluate and implement such laws once they have been adopted.

Defining “Lobbyist” and “Lobbying”

Every lobbying law must attempt to clearly define either who qualifies as a lobbyist or what activities constitute “lob-bying.” This is often the most difficult and contentious part of a lobbying law because these terms often determine how broadly (in terms of people affected and/or activities regulated) the law applies.

Lobbyists are frequently characterized as either “contract” or “in-house” lobby-ists. A contract lobbyist is someone who is hired for a specific project or on a contract basis.

Most laws establish a “time and money” test to define contract lobbyists, such as this language from Oakland’s ordinance:

“Lobbyist” means any individual who ... receives or is entitled to receive $1,000 or more in economic consideration in a calendar month, other than reimbursement for rea-sonable travel expenses ...

Gift Regulations Benefit From Local Definitions of “Lobbyist”

As explained in the April “Everyday Ethics” column, the Fair Political Practices Commission has revised California’s gift regulations to make them more practical. A number of these regulations involve creating new or expanded exceptions for what constitutes a gift subject to the gift reporting and disqualification requirements as well as the gift limits.

However, in a number of places, the expanded exceptions don’t apply to “gifts from lobbyists.” For example, the catchall exception for gifts from social or business ties does not apply if the gift is from an individual “registered to lobby the official’s agency.” Similarly, the exceptions for gift exchanges don’t apply if the gift-giver is a “lobbyist who is registered to lobby the official’s agency.”

For more information about the gift rules, visit www.ca-ilg.org/GiftCenter.

Regulating Lobbying Activities, Part I of II, continued

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In-house lobbyists are people who lobby exclusively for their employer — for example, a governmental affairs represen-tative for a company.

Definitions of in-house lobbyists attempt to establish a minimum threshold of activity that distinguishes in-house lob-byists from any other employee whose communications with public officials may be occasional or minimal. These defini-tions vary, but are often based on such factors as:

• Theamountoftimespentlobbying(for example, five hours per month);

• Thenumberofcontactstheymakewith public officials (for example, a minimum of 10 lobbying contacts per month); or

• A“significant”or“substantial”amountof time is spent lobbying public of-ficials.

The ultimate question is what constitutes the act of lobbying. Basically, it is the act of communicating with public officials for the purpose of influencing certain types of decisions on behalf of another. The decisions sought to be influenced are usually characterized as either legislative or administrative in nature.

How a local agency defines lobbying can sometimes be complex and/or subject to certain exceptions. San Francisco’s lob-

bying ordinance, for example, contains 17 exceptions from its definition of what constitutes lobbying “contacts.” These include commonly found exceptions for:

• Publicofficialswholobbyinthecourseof their official duties;

• Peoplesubmittingbidsorapplyingforpermits;

• Peoplenegotiatingcontractswithdesignated representatives of the local agency; and

• Peopleprovidingtestimonyorinfor-mation at the invitation of a public official.

Los Angeles exempts on public policy grounds representatives of nonprofit

continued on page 26

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Seek Professional Advice

Although the Institute for Local Government endeavors to help local officials understand laws that apply to public service, its informational materials are not legal advice. In addition, attorneys can and do disagree on the best interpretation of the complex rules relating to public service ethics. Officials are encouraged to consult an attorney or the Fair Political Practices Commission for ad-vice on specific situations.

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What You Should Know About Hiring

CalPERS Retirees

About Legal NotesThis 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.

by Richard Padilla and Joaquin Vazquez

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Richard Padilla is a partner at Olivarez Madruga, P.C., and can be reached at [email protected]. Joaquin Vazquez is an attorney with Olivarez Madruga, P.C., and can be reached at [email protected].

The “Great Recession” has forced many cities to undertake significant staffing cuts, often achieved through a combina-

tion of layoffs, attrition and early retirement incentives. The departure of employees, especially senior employees, has

depleted cities of experienced staff possessing valuable institutional knowledge. To bridge staffing needs while budgets

recover, many cities have looked to their recent retirees, the great majority of whom have retired under the California

Public Employees’ Retirement System (CalPERS). While hiring CalPERS retirees brings continuity and stability, failing

to recognize and comply with requirements of the CalPERS statutes can result in unintended adverse consequences for

both the city employer and the retiree.

T he Public Employees’ Retirement Law (PERL) generally prohibits CalPERS employers from hiring retirees unless they are first reinstated from retire-ment. Nevertheless, advantageous exceptions to

this rule exist under Government Code Sections 21221(h) and 21224, provided certain key eligibility requirements can be met.

Violation of the eligibility requirements incurs significant conse-quences. For the retiree, violation means:

• Reinstatementfromretirement,datingbacktothebeginningof the employment;

• ReturnofanyretirementallowancereceivedfromCalPERSduring the employment;

• Paymentofemployeecontributionsowedduringtheperiodofemployment, plus interest; and

• ReimbursementtoCalPERSforthecostsofadministeringreinstatement.

For the city, violation means:

• Paymentofemployercontributionsowedduringtheperiodofemployment, plus interest; and

• ReimbursementtoCalPERSforthecostsofadministeringreinstatement.

Accordingly, getting it right is critical to both the city and the retiree.

Exceptions to the Reinstatement Requirement The PERL authorizes two types of hiring approaches for retirees. The first is described under Section 21221(h), which deals with vacant positions, and the second is described under Section 21224, which addresses temporary work engagements.

The first hiring approach for retirees allowed under the PERL is described in Section 21221(h), which authorizes appointments to existing yet vacant positions on an interim basis when:

1. The vacant position requires specialized skill and the effort to recruit a permanent replacement is still pending; or

2. Appointment to the vacant position is required on an emer-gency basis to prevent a stoppage of public business.

The second approach, described under Section 21224, authorizes finite but potentially long-lasting work engagements required to address unplanned or irregular work needs under one of the fol-lowing circumstances:

1. During an emergency to prevent a stoppage of public busi-ness; or

2. When the services of a retiree possessing specialized skills are needed for a “limited duration.”

People who have retired before reaching the “normal retirement age” are not eligible for employment under Sections 21221(h) or 21224 for a period of 60 days from the date of their bona fide

continued

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separation of employment. In addition, CalPERS member cities may not hire a retiree under Section 21224 if the retiree has collected unemployment during the 12 months preceding the appointment.

Duration of Appointments Retirees hired under either Section 21221(h) or 21224 are restricted to a maximum of 960 hours of work per fiscal year. If a retiree is hired by multiple CalPERS member agency employers over the course of a fiscal year, under either Sec-tion 21221(h) or Section 21224, the total hours worked for all employers will count cumulatively toward the 960-hour cap.

Although the wording of Sections 21221(h) and 21224 strongly imply that appointments made under their authority are not intended to continue indefinitely, both statutes allow the appointments to be extended for successive fiscal years — subject to the cap of 960 hours per fiscal year — with no clear limit on the number of extensions allowed. Precisely when suc-cessive extensions for a specific appoint-ment will cause the appointment to lose its non-permanent character is unclear, even with recent clarifying amendments

passed by the California Legislature and attempted clarification by CalPERS in its Circular Letter No. 200-002-12 issued Jan. 26, 2012.

AB 1028, SB 1021 and Circular Letter No. 200-002-12The current versions of Sections 21221(h) and 21224 are the product of two legislative “clean-up” efforts carried out via AB 1028 (effective Jan. 1, 2012) and SB 1021 (effective June 28, 2012). The enactment of AB 1028 generated some confusion among member agencies, which CalPERS attempted to address through the circular letter.

SB 1021 added an hourly compensa-tion formula to Sections 21221(h) and 21224. People hired under either statute must now be compensated the equiva-lent of an hourly rate no more than the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate. The base salary used for the calculation must be as listed on a publicly available pay schedule. SB 1021 also clari-fied that people hired pursuant to either statute may not receive benefits, incen-

tives, compensation in lieu of benefits, or other forms of compensation in addition to the hourly pay rate.

Regarding Section 21221(h), SB 1021 eliminated the 12-month durational limit applied to such appointments, but also eliminated provisions that previously made it possible for a Section 21221(h) appointee to work in excess of the 960-hour cap within a single fiscal year. Before AB 1028, Section 21221(h) contained no prohibitions against making appoint-

Further clarification of the statutes may still be needed for cities that hire retirees.

Many cities look to retirees to help bridge staffing needs.

What You Should Know About Hiring CalPERS Retirees, continued

Looking for Savings?PARS has 3 ways to help:

1. Early Retirement Incentives - facilitate downsizing

2. 115 OPEB Trust - reduce liabilities by pre-funding for GASB 45

3. FICA Alternative - savings of 79% for part-time employee plan

Visit with PARS in booth 606 at this year’s

League of Cities Conference in San Diego!

800.540.6369 x 116 www.pars.org [email protected]

© 2012 Public Agency Retirement Services (PARS). All rights reserved.

Page 15: Western City August 2012

Western City, August 2012www.westerncity.com 13

On the subject of work hours, SB 1021 added language emphasizing that if a retiree works for multiple CalPERS mem-ber agency employers over the course of a single fiscal year, the hours worked for each of the various employers will count cumulatively toward the limit of 960 hours per fiscal year.

SB 1021 also deleted the word “tempo-rary” from the text of Section 21224. The word had been added under AB 1028 earlier in the year to emphasize the non-permanent character of Section 21224 appointments, even though the statute already referred to such appointments as being of “limited duration.” Although

ments more than once or continuing the engagement after 12 months. Section 21221(h) did not even refer to the ap-pointment as being “interim” nor did it expressly limit its scope to “vacant” positions. With the passage of SB 1021, appointees under Section 21221(h) are now absolutely restricted from working in excess of 960 hours within a fiscal year, but their appointments may once again be extended into subsequent fiscal years.

continued on page 29

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continued on page 29

Page 16: Western City August 2012

League of California Cities www.cacities.org14

C TIESC TIESGUIDINGHEALTHYGOVERNMENT

LEAGUE OF CALIFORNIA CITIES 2012 ANNUAL CONFERENCE & EXPO

Annual Conference Preview

San Diego Convention Center, Sept. 5–7by Lorraine Okabe

Join more than 1,200 city officials and staff at the League’s largest professional development and network-

ing event of the year. The conference offers upward of 40 educational sessions providing attendees with

opportunities to share and gain practical, valuable knowledge to enrich and strengthen their local com-

munities. Session “tracks” have been designed with programming of special interest to city attorneys, fire

chiefs and human resources professionals. First-time attendees are invited to the orientation session to

learn about the League and how to get the most from their conference experience.

Conference Highlights The conference begins on Wednesday, Sept. 5, with policy committee meetings in the morning and the first-time at-tendee orientation beginning at 1:00 p.m. Eight of the League’s 11 departments, which represent municipal professions, will hold their business meetings and programs during the afternoon prior to the Opening General Session. The de-partments play a vital role in developing League policy and assisting with confer-ence program development. (Conference

registration is required to attend depart-ment and division meetings.)

The Opening General Session features the League’s annual report, the announce-ment of the Helen Putnam Award for Excellence winners, presentation of the Past Presidents’ Lifetime Achievement Award and a National League of Cit-ies (NLC) update from NLC First Vice President Marie Lopez Rogers, mayor of Avondale, Ariz.

This year the conference combines two dynamic events — the Grand

Opening of the Expo Hall and the Host City Reception on Wednesday evening from 6:00 to 8:00 p.m. The CitiPAC Seventh Annual Leadership Gala Casino Night begins immediately following the Expo and reception (for more informa-tion, see “Don’t Miss the Leadership Gala at the Annual Conference” on page 6).

Thursday, Sept. 6, starts with break-out sessions from 8:00 to 9:30 a.m. and a new learning format called CityTalks, which are 20-minute sessions with one speaker who will share ideas to change

Lorraine Okabe is assistant director of education and conferences for the League and can be reached at [email protected]. For more information about the conference, visit www.cacities.org/AC.

Page 17: Western City August 2012

Western City, August 2012www.westerncity.com 15

Annual Conference Preview

attitudes and inspire creative approach-es. Watch for CityTalks throughout the conference program.

Peter Kageyama, the featured keynote speaker at Thursday’s General Session from 9:45 to 10:45 a.m., will energize attendees with his presentation “For the Love of Cities.” Learn new ways to capture the energy of your community and engage your residents. Kageyama’s break-out session in the afternoon will give attendees an opportunity to follow up on his ideas.

Plan to visit the Expo, open Thursday from 10:00 a.m. to 4:00 p.m., and take advantage of the League Partners Speaker Theater presentations throughout the day. Lunch on the Expo floor allows at-tendees to meet with exhibitors between 11:00 a.m. and 1:00 p.m. without missing any educational sessions, which resume at 1:00 p.m.

Thursday afternoon offers a wide spectrum of educational opportunities.

Sessions on personnel performance, government “apps,” job creation, public safety liability exposure, city finance and open government illustrate the breadth of topics covered. The evening provides networking opportunities at various receptions sponsored by League Partners and League caucuses, which comprise the African American Caucus; Asian-Pacific Islander Caucus; Gay, Lesbian, Bisexual & Transgender Local Officials Caucus; Latino Caucus and Women’s Caucus.

Friday promises more professional de-velopment and networking for attend-ees. Several League divisions hold their annual breakfasts Friday morning, but a number of the divisions are meeting on Wednesday and Thursday. Check with your regional public affairs manager to find out when your division might have networking events.

A four-hour workshop for city clerks on e-discovery and the Public Records Act

New Expo Hours!

The Grand Opening of the Expo Hall is being held in conjunction with the Host City Reception on Wednesday, Sept. 5, from 6:00 to 8:00 p.m. Meet with exhibitors who may have just the product or service your city needs. The Expo offers the opportunity to explore ways to do things more efficiently with an eye toward reducing costs.

The League Partner Village in the Expo Hall houses the League Partner Speaker Theater and the Helen Putnam Award for Excellence city exhibits. Check your conference program for ad-ditional education opportunities offered by the Speaker Theater presentations.

The Expo concludes on Thursday at 4:00 p.m.

top The San Diego Convention Center wel-comes conference attendees. below, left

to right City officials and staff show their enthusiasm as the 2011 conference begins, an Expo exhibitor answers questions and an educational session gets under way.

continued

Page 18: Western City August 2012

League of California Cities www.cacities.org16

begins the day’s educational sessions and includes the City Clerks Department business meeting. (The cost of attend-ing the workshop is additional and not included in the conference registration.) The rest of the morning includes sessions on California’s immigrants, consolidated and regionalized law enforcement ser-vices, economic development tools after redevelopment and much more.

Another new feature of this year’s confer-ence is the closing luncheon from noon to 2:00 p.m., where the League board members for 2012–13 are sworn in and city delegates vote on resolutions that guide League policy development for the coming year. It is critical that each city send at least one delegate to the confer-ence to represent its position on issues under consideration at this meeting. Vot-ing delegates must be registered for the conference to participate in the General Assembly and Annual Business Meeting.

For More Information

Find the most up-to-date schedule of events listing content, sessions and speak-ers at www.cacities.org/AC. Tweet with us at #CaCitiesAnnual. n

left and right The Expo offers a wide range of products and services designed to help cities improve efficiency and cost effectiveness in serving the public. center The 2011 Opening General Session com-mences with a full house.

Annual Conference Preview, continued

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Page 19: Western City August 2012

Western City, August 2012www.westerncity.com 17

A. Y. McDonald Mfg. Co.

AAA Flag & Banner

ABM2

AECOM

AHA Consulting

AP Wireless

AT&T2 Charles Abbott Associates2

AbTech Industries, Inc.

Academy of Model Aeronautics

Aclara

Adams Ashby Group

AIRCON ENERGY

AIRVAC

Alvarez-Glasman & Colvin2

American Fidelity Assurance Company Americans Protecting Property Rights

AmeriNational Community Services, Inc.

Ralph Andersen and Associates

AndersonPenna Partners, Inc. Asphalt Zipper

Association of California Water Agencies (ACWA)

Atkins Avery Associates2

Badger Meter, Inc.

Dave Bang Associates, Inc.

Bank of America Merrill Lynch

Belgard Hardscapes

Best Best & Krieger, LLP1 Big League Dreams

BigBelly Solar

Blais & Associates

BonTerra Consulting

Brown Armstrong CPAs

Bureau Veritas

Burke, Williams & Sorensen, LLP1, 2

Burrtec Waste Industries, Inc.2

Buxton

CH2M HILL

CMB Regional Centers

CRW Systems, Inc.

CSAC Excess Insurance Authority

CSG Consultants, Inc.

California Association of Code Enforcement Officers

California Building Officials

California Communities/U.S. Communities

California Consulting, LLC

California Contract Cities Association California Department of General Services/Cal-Card

California Department of Housing & Community Development

California Department of Insurance

California Department of Water Resources

California Fuel Cell Partnership

California Housing Finance Agency

California Infrastructure and Economic Development Bank (I-Bank)

California Joint Powers Insurance Authority

California Prison Industry Authority (CALPIA)

California Product Stewardship Council

California State Board of Equalization

CalPERS

CalTRUST

CalVet - California Dept. of Veterans Affairs

Cardiac Science Corp.

Carollo Engineers

Caselle Software

Chevron Energy Solutions

Citrus Pest & Disease Prevention Program

City Ventures

CleanFleets.net

CleanStreet

Climatec BTG

Comcate, Inc.

Cooper Streetworks

Coplogic, Inc.

Credit Bureau Associates

Crown Disposal Co. & Community Recycling

DN Tanks

D R Consultants & Designers, Inc.

Dapeer, Rosenblit & Litvak, LLP

Dart Container Corporation De La Rosa & Co.

Delphi Solutions

Dokken Engineering2

DriWater Inc.

Dudek

EDI VRAD© Process

EPS Industry Alliance

Earth Systems

eCivis

Emergency Services Consulting International

FacilityDude

FedBid, Inc.

First Investors Corporation

FirstSouthwest

GHD Inc. Go Green Lighting

GovDeals, Inc.

Graphic Solutions

Greenhouse GO

GreenTraks

Griffin Structures

H & M Gopher Control

HdL CompaniesHEAL Cities Campaign

HF&H Consultants, LLC

HMC+Beverly Prior Architects HR Green, Inc.

Harris & Associates HydroPoint Data Systems

1 – Institute for Local Government Partner, 2 – CITIPAC supporter. List current as of July 16, 2012. Visit us at www.cacities.org/expo.

Annual Conference PreviewExposition ExhibitorsLeague Partners appear in bold.

continued

Page 20: Western City August 2012

League of California Cities www.cacities.org18

ING

ITEM, Ltd.

Impact Plastics

In God We Trust - America, Inc.

Independent Cities Risk Management Authority

Information Display Company

International Parking Design

Itron, Inc. JT2 Integrated Resources

Jamboree Housing Corporation

Jones & Mayer Kaiser Permanente KASDAN SIMONDS WEBER & VAUGHAN LLP Keenan & Associates KemperSports Management, Inc.

Keyser Marston Associates, Inc.

Kimley-Horn and Associates, Inc.

Kramer Telecom Law Firm P.C.

LINC Housing

LPA, Inc.

LSA Associates, Inc.

Laserfiche

Leotek Electronics USA Corp.

Library Systems & Services Liebert Cassidy Whitmore1 MCE Corporation

Macias Gini & O’Connell (MGO)

MAINTSTAR

Matrix Consulting Group

Jere Melo Foundation

Meyers Nave1, 2

MuniServices Bob Murray & Associates

NBS

National Community Renaissance

National Industries for the Blind (NIB)

Nationwide Payment Solutions - MuniciPAY

Newport Pacific Capital/Modular Lifestyles

Nextdoor

Northern California Carpenters Regional Council Omni-Means, Ltd.

Otto Environmental Systems North America, Inc.

Overland, Pacific & Cutler, Inc.

PARSPERC Water

PLI Global

Pacific Gas and Electric Company2

Paragon Partners Ltd.

Parkmobile USA, Inc.

PetData

Philips Hadco

Piper Jaffray Public Agency Risk Sharing Authority of California (PARSAC)

Public Financial Management, Inc.

Public Restroom Company

PublicStuff

PureForge

Q-STAR Technology

Exposition Exhibitors, continued

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Page 21: Western City August 2012

Western City, August 2012www.westerncity.com 19

Quad Knopf 2

RBF Consulting, a company of Michael Baker Corporation

RJM Design Group, Inc.

RKA Consulting Group

Radio Satellite Integrators, Inc.

Rain Bird Corporation

RedFlex Traffic Systems

Renne Sloan Holtzman Sakai LLP (Public Law Group)1 Republic Services2

SCS Engineers

SSA Landscape Architects, Inc.

SWARCO Traffic Americas

Safeguard Properties

Schaefer Systems International, Inc.

Schneider Electric

R. Schumacher & Associates, Inc.

SERVPRO Severn Trent Services

Sharp Electronics Corporation

Siemens SmartCitiesPrevail.org SolarCity Solid Terrain Modeling, Inc.

Southern CA Concrete Producers Southern California Edison1, 2

Southern California Gas Company SouthTech Systems

SouthWest Water Company2

Sportsplex USA

State Board of Equalization

Stone & Youngberg LLC

SyTech Solutions

TNT Fireworks

David Taussig & Associates, Inc.

TOTER WASTEQUIP

TRAMUTOLA

TRANE2

Transtech Engineers, Inc.

Tribal Alliance of Sovereign Indian Nations2

USA North

USC Price School of Public Policy

U.S. BankUnited Storm Water, Inc.

University of La Verne

Up-Rite Tree Support Systems

Vali Cooper & Associates, Inc. Valley Vista Services, Inc.

Vanir Construction Management, Inc.

Veolia Water North America

Vortex Western Sales & Support Office

WLC Architects

Walker Parking Consultants/Engineers Inc.

Carl Warren & Company

West Coast Arborists, Inc.

Westpac (LED) Lighting Inc.

Willdan2 Ygrene Energy Fund n

1 – Institute for Local Government Partner, 2 – CITIPAC supporter. List current as of July 16, 2012. Visit us at www.cacities.org/expo.

For more than thirty years, we have been keeping our promise to provide quality construction management services specifi cally tailored toward each client.

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Page 22: Western City August 2012

League of California Cities www.cacities.org20

10 10 Questions to Ask Before Installing Solar Power on Agency Facilities by Eva Spiegel

As the cost of installing solar photovoltaic (PV) systems on agency facili-ties has declined over the past few years, local agencies are considering the benefits. Solar PV systems convert sunlight to electricity and offer opportunities to reduce energy costs, save taxpayer dollars, save energy and increase sustainability. Asking the right questions can help make the project a success. The information provided here is a starting point; local officials are encouraged to consult their legal, financial and public works staff as they move ahead.

Eva Spiegel is communications director for the League and can be reached at [email protected]. Yvonne Hunter, program director of the Institute for Local Government’s Climate Change Program, also contributed to this article and can be reached at [email protected].

Page 23: Western City August 2012

Western City, August 2012www.westerncity.com 21

1. Our city is considering install-ing a solar PV system at an agency facility. What issues should we consider when deciding whether to self-finance or work with a third party using a power purchase agreement (PPA)?

Several key issues need to be considered. Generally, if the agency has the financial resources (either using its General Fund or selling bonds) to pay for the system, that may be the preferred option, as the energy savings benefits accrue more quickly. When the agency does not have resources to self-finance, working with a third party through a PPA is another option.

A PPA is a financial arrangement in which a third party owns, operates and maintains the PV system, and a host customer, such as a local agency, agrees to place the system on its property. The host customer purchases the system’s electric output from the solar services provider for a predetermined period after which the host customer typically owns the system. Generally the payments to the private company are made possible through the energy savings from generat-ing electricity from the PV system, as opposed to buying it from the utility that serves the agency. This allows the host customer to receive stable and usually lower-cost electricity, while the third party acquires financial benefits, such as tax credits and income generated from the sale of electricity to the host custom-er. The key is to consider the individual community’s unique fiscal situation and

policies and explore which options are the best fit.

For Sacramento the major consideration was financial. Yvette Rincon, sustainabil-ity program manager for the City of Sac-ramento, says, “If a city has the money to cover the cost of solar up front, it should consider owning the system. You imme-diately get the savings for generating your own power. But you have to also consider the cost of maintaining the system.”

The City of Brea financed its PV systems by issuing bonds. City Manager Tim O’Donnell explains, “Our PV systems are on top of city hall, the community center and shade structures in the parking lot and the city’s 30 million-gallon water reservoir. We generate 1.8 megawatts of power. The program cost $17 million for both the energy-efficiency retrofits and the solar PV systems. Before deciding to finance the systems using bonds, we calculated how much the energy generated would cost compared to the current electricity rates and likely price increases in coming years. At the end of a 25-year program we project we’ll net $13 million.”

Lindsay Joye, marketing engineer for the City of Palo Alto Utilities, suggests that both options should be compared to see which is best. “If a public agency self-finances the system, the project won’t qualify for the 30 percent federal tax credit and accelerated depreciation,” says Joye. “A PPA allows a third-party system owner with a tax appetite to take the tax credit and accelerated depreciation.”

In deciding which option to use, seek expert help to analyze the value of each op-tion versus business as usual. This analysis will allow the jurisdiction to determine whether a PPA will result in a cost-neutral, cost-saving or additional-cost project.

When seeking help in assessing options, it’s a good idea to use someone who does not have a financial stake in your city’s decisions or outcomes.

In general, when using a PPA, make sure that the PV system installed has a longer life than the PPA itself and factor in maintenance costs once your city owns the system.

2. When using a PPA, what con-sumer protection elements should we require?

Dell Tredinnick, project development manager for the City of Santa Rosa, offers this advice: “Make sure the product and performance are specified. Have your engineering and purchasing staff put in the same kind of safeguards, consumer protection and performance warranties that your city uses when buying a car or a motor. The equipment must meet certain standards. The city’s purchasing depart-ment should establish criteria for the agreement based on the city’s needs and the system.”

Consider including a monitoring and performance element, within the PPA or as a separate contract, to ensure the

continued

Page 24: Western City August 2012

League of California Cities www.cacities.org22

system delivers what is promised in terms of electricity generated and cost savings.

Specify who is responsible for system maintenance: the third party or agency employees. Consider addressing what will happen if the system’s downtime exceeds what was promised. In such a case the savings will be lower, a negative impact for which the agency may want to be compensated.

3. Should solar be installed before assessing the potential for energy-efficiency retrofits in the building?

No. Tredinnick says, “Reduce before you produce. Don’t solarize inefficiency. Get your energy needs down before you con-sider installing solar, which is expensive. Most energy-efficiency opportunities will have a much faster payback than buying a larger PV system.”

When examining energy-efficiency op-tions, consult your local utility com-pany to take advantage of any available financial incentives, which can reduce the upfront costs and help shorten the payback period.

4. What should we know about siz-ing the PV solar system?

Do not oversize. Calculate what your energy-efficiency operations or retrofits will save you, and then size the PV ar-ray to meet all or part of the remaining electricity needs. There is no financial gain to oversizing the system to generate more electricity than is used on-site over a 12-month period. Even if you gener-ate more power than you use on-site, the utility will pay you only for the excess up to a maximum amount set by state law, which changes periodically.

5. How do we make sure the company installing the PV system is reputable and will deliver what is promised?

Selecting a solar PV vendor is like any other public works or infrastructure proj-ect. The same process for evaluating and selecting vendors applies.

Regardless of whether the project is done with a PPA or self-financed, make sure the bidders are companies in good standing. Use due diligence to review each compa-ny’s financials and related information.

You may want to query other municipali-ties that have completed similar projects to find out which companies or systems

they used. Get bids, and issue a request for qualifications to be submitted with the bid. Make sure warranties are in place.

6. What should we know about re-taining our options to use possible greenhouse gas emissions offsets or credits when California’s cap-and-trade system gets going?

Although California’s cap-and-trade system applies to a specific set of genera-tors of greenhouse gas emissions, such as electricity producers and heavy industry, other producers of greenhouse gas emis-sions have an opportunity to participate in the system through what are called “credits” and “offsets.” Whether and how an agency can take advantage of green-house gas offsets from solar PV systems will depend on several factors, such as how offsets are measured, who owns the system and who finances it. Thus, local agencies may wish to include the issue of greenhouse gas credits or offsets as part of the vendor contract negotiations. Depending on your situation, you may choose to retain the renewable energy credits or sell them to a third party. This could also be part of a PPA, by asking companies to take cap-and-trade credits into account when negotiating an agree-ment. One city suggests getting bids for both options.

A good metaphor for this is a returnable bottle that has a deposit, according to Tredinnick. “If you have just one bottle, it’s not worth much,” he says. “But if you have a million bottles, or a megawatt of electricity generation, you have some bargaining leverage. On Santa Rosa’s municipal buildings, we retain all of those renewable energy credits. That is why we don’t finance them. We want the credits to offset our other greenhouse gas emis-sions. If you sell the credits, they are no longer yours.”

For a link to learn more about cap and trade, including potential opportunities for local agencies, read the online version of this article at www.westerncity.com.

10 Questions to Ask Before Installing Solar Power on Agency Facilities, continued

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Page 25: Western City August 2012

Western City, August 2012www.westerncity.com 23

7. When should we involve our local utility? What assistance might they provide?

Yvette Rincon says, “Involve them before you begin — because if you are going to get incentives from your utility, you need to make sure they reserve them for you in their budget.”

One of the first things you will need to know is how much electricity the facility is using — and the utility can give you that data.

The utility can help the city maneuver through the system and advise you along the way.

8. What do we need to know about connecting to the electricity grid with our local utility?

Reach out to your local utility before the project begins. Find out its require-ments for connecting and sizing systems and whether opportunities exist for financial incentives.

Interconnection standards depend on the utility and PV system specifications. Your solar installer will manage the intercon-nection application with the local utility.

9. Are there tax credits or public agency incentives that we might be able to take advantage of?

The California Solar Initiative (CSI) is a state program offering incentives to individuals, businesses and local govern-ments to invest in solar (see “California Solar Initiative Offers Incentives” at right). For example, the City of Brea received almost $4 million in rebates for its solar PV installations.

The CSI offers rebates through California investor-owned utilities. If an agency is served by a publicly owned utility, then the agency would apply for a rebate from that utility.

According to Gary Barsley, manager of the customer self-generation group at Southern California Edison, “There is a bit of an art to the timing [around incentives]. The solar contractors are very

California Solar Initiative Offers Incentives

The California Solar Initiative (CSI) provides incentives for solar system installations to customers of the state’s three investor-owned electric utili-ties: Pacific Gas and Electric Company, Southern California Edison and San Diego Gas & Electric. The CSI program provides upfront incentives for solar systems installed on existing residential homes, as well as existing and new commercial, industrial, government, nonprofit and agricultural properties within the service territories of the investor-owned utilities.

If a host customer is served by a publicly owned utility, the applicant would apply for a rebate from that utility.

A statewide total of more than $2 billion in funds is available through CSI over a 10-year period from 2007 through the end of 2016.

For more information, visit www.cpuc.ca.gov/puc/energy/solar/aboutsolar.htm.

City facilities offer a number of options, such as the roof shown here, for installing solar panels.

continued on page 31sccpconcrete.com

“Pervious concrete has the advantage of meeting multiple design requirements for storm water runoff management in Santa Barbara County.”

“We needed a material for the ADA compliant areas of the parking lot that would facilitate wheelchair access, accept code required striping and still allow the storm water to percolate.”— Brian Dougherty, FAIA, Dougherty + Dougherty Architects LLP

— Cathleen Garnand, Civil Engineering Associate, County of Santa Barbara Water Resources Division

Page 26: Western City August 2012

League of California Cities www.cacities.org24

J O B O P P O R T U N I T I E S

Display Advertising

Call Pam Maxwell-Blodgett at (800) 262-1801 to place a display (boxed) ad or for rate and deadline information, or email [email protected].

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.western city.com or contact Anita Lopez, admin-istrative assistant; email: alopez@ cacities.org; phone: (916) 658-8223.

Western City magazine’s job opportunity section is the source for job seekers looking for positions in local government. When you place a job opportu-nity ad in Western City magazine, it will be posted at no additional charge on our website.

For rates and deadlines, visit www.westerncity.com and click on the “Adver-tise” link.

Did You Miss the July Issue?Read it online at www.westerncity.com

Don’t Miss the Top Hitson Our Website!

Read these articles today atwww.westerncity.com

1 Local Agency Electronic Media Use and California Public Records Law – June 2012

2 Local Agency Opportunities for Website Transparency – June 2012

3 Managing More Effectively With a Strategic Communications Plan – September 2009

4 The Brown Act and the Perils of Electronic Communication – June 2011

5 Draft Stormwater Permit Draws Cities Together in New Coalition – July 2012

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phone 916•784•9080fax 916•784•1985

www.bobmurrayassoc.com

Chief of Police, City of Modesto, CAThe City of Modesto is a community proud of its diversity, great traditions, and educational opportunities. With a population exceeding 201,000 residents, Modesto is the largest city and county seat in Stanislaus County. The City is seeking a dynamic and astute leader with a strong command presence for their Chief of Police. The ideal candidate will be open, trustworthy, honest, straightforward and have a great sense of humor. The Chief of Police is expected to create a positive working relationship with and engender trust and respect from, a wide variety of parties that include the City Council, City Manager, Department Heads, City staff, and the community. Someone who is politically astute, but apolitical is preferable. The City of Modesto is seeking an approachable individual to strengthen existing neighborhood groups and have a hands-on Community Oriented Policing background and approach. A Bachelor’s degree from a four-year college or university in police science, criminal justice, public administration, or a related field is required. Candidates must possess seven years of progressively responsible experience at the management level of Sergeant, Lieutenant, and Captain. The City highly desires candidates who possess exper-ience at the Deputy Chief/Assistant Chief/Chief of Police level in a similar size setting. In addition, candidates with strong crime control experience are preferred. Candidates must possess P.O.S.T. certificates through the advanced level. The salary range for the Chief of Police is $132,613 - $165,766 and is dependent upon qualifications. The City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Wesley Herman or Mr. Regan Williams at (916) 784-9080 should you have any questions. Brochure available. Closing date August 24, 2012.

Page 27: Western City August 2012

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J O B O P P O R T U N I T I E S

The beautiful City of Visalia (pop. 126,000), Gateway to the Sequoias, located in the heart of California’s San Joaquin Valley, is recruiting for a Fire Chief. Centrally located between Los Angeles, San Francisco and the Pacific Coast, Visalia is the commercial and cultural hub of the region as well as the County Seat of Tulare. The city is known for its high quality of life, fine schools, community parks, small town charm and reasonably priced housing.

The Visalia Fire Department has 81 employees (effective 9/4/12), with a budget of approximately $13.5M. A 1/4 cent public safety sales tax measure provides a secure, ongoing revenue

stream for additional fire personnel. Also, the building of a new station, 911 Center and headquarters building are in consideration. Candidates who are forward thinking, strong leaders, effective managers, mentors and develops staff, possesses fiscal management skills, works closely with other departments and allied agencies, involved in the community, experienced in emergency planning, committed to Fire Prevention as well as Operations, Training, EMS and Haz Mat are encouraged to apply. Three years responsible command experience at the level of a Battalion Chief or higher and possess a BA/BS degree is required.

Salary is $120,900 to $138,684 annually, DOQ, with 3% @ 55 PERS retirement. Please forward a letter of interest, your resume, current salary, and four professional references to Gary Brown by the final filing date of August 31, 2012. A complete job description is available at http://www.averyassoc.net/jobs.

CITY OF VISALIA

William Avery & AssociatesManagement Consultants

31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030

408.399.4424Fax: 408.399.4423

email: [email protected]

FIRECHIEF

City ManagerCity of Santa Clara, CALocated in the center of the world famous Silicon Valley,

Santa Clara (pop. 118,813) is a vibrant community that is rich

in history, education, culture, and opportunity. Appointed

by the Mayor and City Council, the City Manager will

oversee a full-service organization (including electric, water,

sewer, and solar utilities) with 992 FTE’s and 2012/13 total

budget of $577.3 million. The ideal candidate is a proven

executive leader with experience in economic development

and municipal finance/budgeting, as well as an ability

to continue the City’s efforts to incorporate community

ethics and values into local government operations. A

Bachelor’s degree in public/business administration

or related field is required; a Master’s degree is highly

desirable. Salary DOQ; 2.7% @ 55 PERS.

Please send your cover letter and resume electronically to:

Peckham & [email protected]

Resumes acknowledged within two business days. Call Bobbi Peckham at (866) 912-1919 for more information. A detailed brochure is available at www.peckhamandmckenney.com.

Filing deadline is September 10, 2012.

Photo/art credits Cover, Courtesy Timothy Hursley & San Diego Convention CenterPage 3, ShutterstockPage 6, Dorottya Mathe/ShutterstockPage 7, Rudall30/ShutterstockPage 8, Red Rose/ShutterstockPage 10, Yuri Arcurs/ShutterstockPage 12, Yuri Arcurs/ShutterstockPage 13, George Nazmi Bebawi/Shutter-stock

Page 14, logo, Jenifer ForsythePages 15–16, Herr Photography, courtesy League of California CitiesPages 20–21, Triff/ShutterstockPage 23, Yvonne HunterPage 26, Dervish11/ShutterstockPage 29, StockLite/ShutterstockPage 30, Yuri Arcurs/ShutterstockPage 31, Yvonne Hunter

Getting up to speed on city issues can be challenging.

Western City magazine makes it easier to get a handle on the issues affecting your city. Our website gives you a way to easily locate recent articles that address:

» Community Services » Economic Development

& Redevelopment » Environment, Energy

& Climate Change » Governance, Legislation

& Law » Municipal Finance » Land Use & Planning » Personnel » Public Safety » Public Trust & Ethics » Public Works & Infrastructure » Youth

Visit www.westerncity.com and click on “Topics” to read helpful articles that give you both the big picture on statewide issues and detailed examples from cities throughout California.

Looking for Information?

We Can Help!

Page 28: Western City August 2012

League of California Cities26

J O B O P P O R T U N I T I E S

organizations that receive government funding to represent the “interests of indigent persons.” San Jose provides an even broader exemption for “uncompen-sated members of the board of directors of nonprofit organizations” and for

“compensated officers or employees of a [501(c)(3)] nonprofit organization ... whose attempts to influence governmental action are on behalf of the organization.”

Imposing Certain Transparency Obligations In addition to the basic definitions of lob-byist, lobbying and the types of decisions to which lobbying can apply, local lobby-ing laws typically require lobbyists to:

1. Register with the local agency;

2. Periodically report the identity of their clients and the nature of work being performed on the clients’ behalf;

3. Report on other aspects of the lobby-ists’ efforts that may be perceived as efforts to influence agency decision-making (for example, campaign fundraising); and

4. Refrain from certain types of activities.

Registration Requirements

Lobbying laws typically require an individ-ual to register with the local agency within a certain time period after qualifying as a lobbyist. Registration involves providing the lobbyist’s name, address and contact information, client information and, in some jurisdictions, the nature of the client’s business and the matters that the client has hired the lobbyist to influence.

Regulating Lobbying Activities, Part I of II, continued from page 9

Current and future opportunities…

Assistant City ManagerCity of Anaheim

Accounting Division ManagerCity of Santa Clara

Director of FinanceCity of San José

City ManagerCity of Pismo Beach

City ManagerCity of Laguna Niguel

For more information, contact:

Teri Black-Brann • 310.377.2612 Carolyn Seeley • 949.487.7606 Steve Parker • 949.322.8794

Page 29: Western City August 2012

Western City, August 2012www.westerncity.com 27

J O B O P P O R T U N I T I E S

of support or opposition to a pending governmental decision;

• Promisingclientsthatthelobbyistcanobtain a particular outcome and/or bas-ing the lobbyist’s fee on whether that outcome was achieved (in other words, no “contingent fee” arrangements);

• Makingorbundlingcampaigncontri-butions;

• Introducingmeasuresforthesolepurpose of creating future work for a lobbyist; and

Reporting RequirementsOne of the key components of local lob-bying laws is the requirement that lobby-ists periodically report on their activities. At the most basic level, almost all such laws require an identification of the deci-sion the lobbyist seeks to influence for each client during the reporting period.

Beyond that, jurisdictions vary in the type and detail of information lobbyists must provide. Examples of the type of information required by local agencies include:

• Theamountofpaymentsmadebylob-byists to public officials (usually known as “activity expenses”);

• Theamountofcampaigncontributionsmade or arranged by the lobbyist to local office-holders and candidates;

• Theamountofpaymentsthelobby-ist made to a nonprofit or charitable organization at the behest of a public official or candidate;

• Professionalservicesthelobbyistprovided to a public official or candi-date, such as fundraising or campaign consulting services;

• Theamountofcompensationreceivedfrom clients;

• Anyemploymentthelobbyistprovidedto or arranged for a public official and/or the public official’s family;

• Theidentityofthelocaldepartment,office or individual who was lobbied; and

• Adescriptionoftheclient’spositionor arguments regarding the decision sought to be influenced.

The key is to determine what information is relevant or useful in providing insight into lobbying activities.

Prohibited Activities In addition to requiring periodic report-ing of lobbyist activities, most ordinances contain a number of prohibitions on lob-bying activities. Examples include:

• Makingfalsestatementstopublicof-ficials or creating fictitious statements

continued

phone 916•784•9080fax 916•784•1985

www.bobmurrayassoc.com

Police Chief, City of Piedmont, CAThe City of Piedmont is a charter city of approximately 11,000 residents located in the beautiful Oakland Hills, overlooking the San Francisco Bay. The City Council is seeking a Police Chief who will oversee a budget of $5.4 million and can be a strong leader for the Department. An indi-vidual with the ability to hold people accountable, be a mentor to staff, and build on the positive relationships with other department heads is being sought. A team player who can communicate with people at all levels and have the ability to form partnerships is highly desired. The Police Chief is expected to create a positive working relationship with and engender trust and respect from, a wide variety of parties that include the City Council, City Administrator, Department Heads, City staff, and the community. The ability to build strong connections with a very diverse, complex community is essential for a candidate’s success in this search. The ideal candidate will be a personable, yet professional Chief, with cultural sensitivity and a com-mitment to an active model of community policing and engagement. He/she should be able to demonstrate a history of successfully promoting and working with diversity in their work history. The selected candidate will have a bachelor’s degree with major course work in criminology, law enforcement, social or police science, public administration or a related field and four years of command or supervisory experience in the police service equivalent to the level of Captain or above. Candidates must possess P.O.S.T. certificates through the advanced level. The salary is DOQ. The City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Regan Williams at (916) 784-9080 should you have any questions. Brochure available. Closing date August 31, 2012.

Located half way between San Francisco and Los Angeles, the central coast City of Paso Robles (population 30,000) sits in the heart of San Luis Obispo County’s beautiful wine country.

The Paso Robles Police Department is stationed in a new state-of-the-art emergency operations center, with 32 funded sworn personnel

and an annual budget of $8.9M for FY2013 (full staffing of 46 sworn may be realized as the economy recovers). The Chief reports

directly to the City Manager and along with a Captain, and two Lieutenants comprise the administrative team.

The ideal candidate will have a proven track record managing in a similar capacity at the department head or commanding officer level, and must be comfortable interacting with all segments of the community. A BS/BA in a related field is required; an MS/MA is highly desired. Possession of the POST Management Certificate and successful completion of the POST Supervisory and Middle Management Training courses is required. Salary is up to $160,020 annually, DOQ. For further information contact Bill Avery at 408.399.4424 or Ann Slate at 805.459.5132. To apply, submit cover letter, resume with current salary and five work related references (email preferred) by August 31, 2012. A formal job announcement is available at http://www.averyassoc.net/jobs.

CITY OF PASO ROBLES

William Avery & AssociatesManagement Consultants

31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030

408.399.4424Fax: 408.399.4423

email: [email protected]

POLICECHIEF

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J O B O P P O R T U N I T I E S

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

• Forbiddingpeoplefromactingaslob-byists without registering.

In addition, many ordinances restrict the amount of gifts or activity expenses a lob-byist may give a public official.

“Revolving Door” Regulations Another provision — intended more for local public officials than lobbyists — prohibits leaving public employment and returning to lobby one’s former agency or

co-workers. Known as “revolving door” laws, these prohibitions exist primarily because of the perceived advantage that a former local official may have in repre-senting clients before his or her former agencies. Revolving door laws typically try to limit this advantage by imposing a “cooling-off ” period of up to one or two years before a public official may lobby his or her former agency or co-workers.

The doors can swing in the other direc-tion, too; some jurisdictions prohibit registered lobbyists from serving on local boards and commissions.

Penalties for Noncompliance Finally, almost every lobbying ordinance contains some type of civil or criminal sanction for violating its provisions. Mon-etary penalties are common, and many ordinances include a prohibition from working as a lobbyist, typically for up to a year, if the lobbyist is found to have intentionally violated one or more of the law’s provisions. n

Current Recruitments:

County of Alameda – Public DefenderDelta Diablo Sanitation District – Deputy General ManagerCounty of Marin – County CounselCounty of Marin – Fire ChiefCity of Paso Robles – Police ChiefCity of Visalia – Fire ChiefCity of West Hollywood – Community Development Director

Upcoming Recruitments:

City of San Jose – Director of Parks, Recreation and Neighborhood ServicesCity of Stockton – Deputy Director of WastewaterTown of Timnath, CO - Town Manager

Please check our website at http://www.averyassoc.net/jobs for formal position announcements.

AVERY ASSOCIATES

William Avery & AssociatesManagement Consultants

31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030

408.399.4424Fax: 408.399.4423

email: [email protected]

Assistant City Attorney$115,562 – $151,914 Annual Salary Range*The City of Concord, CA is currently recruiting for an Assistant City Attorney. The ideal candidate will possess the following characteristics and expertise:

• Substantialexperienceinpublicagencylaw.• Excellentlegalresearchandanalyticalskills.• Acollaborativeworkingstyle.• Strongoralandwrittencommunicationskills.• Highethicalstandardsandmoralcharacterconsistent

with a leadership role.• Aproblem-solvingapproachtoachieveclientpolicyobjectiveswithinlegalconstraints.• Willingnesstolearnnewareasofthelawandtoadapttoevolvinglegalserviceneeds.• Dedicationtopublicserviceandadependableworkethic.

Qualifiedcandidateswillpossessatleastthreeyearsexperienceinthepracticeofmunicipallaw.CandidatesmustalsopossessaJurisDoctordegreeandanactivelicensetopracticelawintheStateofCalifornia.

*Currently,the3%topportionoftherangelistedforthispositionisnotavailableuntilrangemovementisreactivated.Inaddition,thesalaryshownforthispositiondoesnotreflectthetemporary5%furloughreductionprogramestablishedforthecurrentfiscalyear.Formoreinformationandtoapplyforthisposition,pleasevisittheCity’swebsiteatwww.cityofconcord.org.ApplybyAugust 17, 2012.

Regulating Lobbying Activities, Part I of II, continued

Page 31: Western City August 2012

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J O B O P P O R T U N I T I E S

the circular letter pre-dates SB 1021, its description of the type of work contem-plated under Section 21224 remains insightful. In describing “limited dura-tion” engagements of retirees possessing “specialized skills,” the circular letter contemplates situations and assignments such as the elimination of work backlogs, “special projects” and work in excess of what the employer’s permanent employ-ees can do.

Further Clarification Is Needed While SB 1021 resolved some issues in interpreting Sections 21221(h) and 21224, further clarification of the statutes may still be needed for cities that hire retirees:

• Althoughitseemsclearthatappoint-ments under Section 21221(h) and 21224 are not intended to be perma-nent, at what point would a con-tinuously renewed appointment under either section lose its non-permanent character?

• Thestatutesseemtoallowthehiringofnon-skilled persons to address emergen-cies that threaten a stoppage of public business. The circular letter is not as clear on this point and should be modi-fied to reflect the statutes.

• Thecircularletterprovidesthattheemployer “generally determines what specialized skills are required” in refer-ence to Section 21224. Although the same deference should be afforded under Section 21221(h), the circular letter does not address that point.

• Canapublicagencypayaretireeon a salary basis as long as the salary amount, converted to an hourly wage, does not exceed the maximum convert-ed hourly wage paid to other employees performing comparable duties?

Legal requirements for hiring retirees must be observed.

What You Should Know About Hiring CalPERS Retirees, continued from page 13

continued

phone 916•784•9080fax 916•784•1985

www.bobmurrayassoc.com

City Librarian, City of Monterey Park, CAThe gateway to the San Gabriel Valley, Monterey Park is located six miles east of the Los Angeles Civic Center and encompasses an area of 7.73 square miles, with approximately 65,000 residents. The City seeks a City Librarian who will direct the activities of the Library and serve as a leader in the community. The position reports to the Board of Library Trustees and the City Manager. The ability to multi-task, organize, plan, coordinate and reach the established goals is essential for the selected candidate. The ideal candidate should have an understanding of Library finances, budgetary process, and new technology for Library use. The incoming City Librarian will develop long-range and short-term objectives for the Library, be a mentor to the staff and citizens, and be responsive to the community’s needs. A Bachelor’s and Master’s degree in Library Science, Education and/or a related field is required as is five years of responsible managerial experience, preferably in a municipal library environment. A Master’s in Library Science is desirable. The salary range $90,000 - $115,000 and the City also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Ms. Judy LaPorte at (916) 784-9080 should you have any questions. Brochure available. Closing date August 24, 2012. Please note, there is an additional questionnaire that must be filled out with your application and submitted.

Development Services DirectorCity of Palo Alto, CAAs part of leading the City of Palo Alto to the forefront of American cities using organizational best practices, City Manager James Keene instituted a process of redesigning the customer experience at the city’s Development Center. The Development Services Director is authorized to act across city departments with the authority of the City Manager to provide for an effective and efficient development services process. The Director will also provide broad oversight and policy direction for the overall performance of the new Development Services Department, which includes the former Development Services and Building and Inspection Services Divisions. A Bachelor’s degree in public or business administration, planning, engineering, architecture or related field is required, Master’s degree preferred. Salary will be commensurate with the experience and qualifications of the selected candidate and the City offers an excellent benefits package.

Please send your cover letter and resume electronically to:

Peckham & [email protected]

Resumes acknowledged within two business days. Call Phil McKenney at (866) 912-1919 for more information. A detailed brochure is available at www.peckhamandmckenney.com.

Filing deadline is August 15, 2012.

Page 32: Western City August 2012

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• Bothstatutesrequiretheemployertoidentify the maximum monthly base salary paid to other employees per-forming “comparable duties” as listed on a publicly available pay schedule. Does the concept that an employer has employees who perform duties “compa-

rable” to those to be performed by the retiree contradict the notion that the retiree possesses “specialized” skills?

• WithrespecttoSection21221(h),SB 1021 deleted the sentence: “The governing body of a contracting agency

shall appoint a retired person only once under this subdivision.” Now the sentence reads: “A retired person shall only be appointed once to this vacant position.” Although the two sentences might appear to say the same thing, the appointment limitation under the new wording is tied to the number of times a person can be appointed to the posi-tion rather than the number of times the person may be appointed under Section 21221(h). The new wording seems to open up the prospect that a retiree appointed once to fill one vacant position could be appointed later by the same employer to fill another vacant position. Clarification from CalPERS in this regard may be warranted.

The passage of SB 1021 offers some clarity on certain questions raised by AB 1028 and the circular letter but leaves other questions unanswered. Cities will no doubt welcome further guidance from either CalPERS or the Legislature on interpreting Sections 21221(h) and 21224. n

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

What You Should Know About Hiring CalPERS Retirees, continued

Just announced . . .

Finance DirectorBudget OfficerCity of ConcordCheck the TB&Co. website for the latest details – www.tbcrecruiting.com

Teri Black-Brann • 310.377.2612 Carolyn Seeley • 949.487.7606

phone 916•784•9080fax 916•784•1985

www.bobmurrayassoc.com

City Manager, City of Lake Elsinore, CAThe City of Lake Elsinore, with more than 53,024 residents, is located in the heart of the I-15 corridor and bridges the activity between Los Angeles, Orange County, Riverside and San Diego. The City is seeking a seasoned leader for their new City Manager. The selected individual will be trustworthy, approachable, honest, and ethical. Professionals with high integrity and strong leadership skills are desired. The new City Manager will identify and respond to sensitive community and organizational issues, concerns and needs. The ability to work with and attract small business and developers is essential to the success of the City. An economic develop-ment plan which will bring growth and new business to the City is a priority. The Council is seeking a self-starter who can help create a strategic plan, establish a vision for the future and ensure projects are seen through to completion. The City Manager must be accessible and visible, and committed to being a proactive participant in the community, with a focus on establishing and maintaining effective and cooperative relationships between the City and representatives of community and business organizations. A bachelor’s degree in public or business administration or a related field is required and a master’s degree is preferred. In addition, the ideal candidate will have experience in a recreation or resort / tourism-based community and with economic or community development. The salary range for the incoming City Manager is $135,000-$185,000; the City also offers an attractive benefits package comparable. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Mr. Wesley Herman at (916) 784-9080 should you have any questions. Brochure available. Closing date August 31, 2012.

JOBS AVAILABLE (JULY 31 and AUG 14, 2012 ISSUES) – 4.75” x 3.5”

WESTERN CITY MAGAZINE (AUGUST 2012 ISSUE) – 4.75” x 3.5”

Page 33: Western City August 2012

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P R O F E S S I O N A L S E R V I C E S D I R E C T O R Y

aware of this and can help too. The trick is not to apply through the utility too early, because cities often have a very long approval process. We don’t want the city to reserve the money so early that their eligibility period runs out before they get the project done. We also don’t want the city to wait too long and find out they are no longer eligible. Do a little homework, and the utility can help your city under-stand the rules.”

10. Which types of facilities are most suitable for installing PVs?

Location is critical to a well-performing system. PV systems can be mounted on a newer roof, on the ground or on a new structure such as a parking lot canopy. The best installations are south facing and not shaded. In some instances, par-ticularly with older or existing buildings, roofs are not a good location because they already have heating and air systems

and other equipment located there or may not be able to support the extra weight. However, if a building needs a new roof, you may be able to integrate PV into the project. Involving a struc-tural engineer is a good practice when evaluating possible sites. Consult the Fire Department to be sure the installa-tion meets fire code requirements.

“A wastewater plant is also a good op-tion,” says Tredinnick. “Treating and moving water requires a lot of energy.”

Some cities have had problems with solar panel thefts just prior to installation and with vandalism; take steps to proactively address these potential problems.

When considering location, make every effort to ensure the facility chosen for the PV system will continue to be used in the future and not closed due to budget cuts or relocated. n

More Resources Online

For additional information and links to related resources, read the online version of this article at www.westerncity.com.

Parking lot shade structures provide ideal locations for solar photovoltaic installations.

10 Questions to Ask Before Installing Solar Power on Agency Facilities, continued from page 23

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Page 34: Western City August 2012

League of California Cities www.cacities.org32

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Splendidly done, Simi Valley!

Proving that cities can create a truly sustainable future in unlimited ways, the City of Simi Valley joined the California Green Communities challenge and is

modeling best practices that are improving the quality of life for the entire community.

Congratulations Simi Valley for a Superb Silver status accomplishment!

Simi Valley is adopting innovative green building strategies – enacting an energy e� ciency reach code as part of its Green Building Ordinance and implementing an A� ordable Housing Ordinance

that creates incentives for projects to incorporate climate friendly and green building practices. Sustainable practices in City facilities include installation of energy e� cient lighting and occupancy

sensors that are lowering electric bills, and resulted in Simi Valley’s fi rst LEED Gold certifi cation for its transit maintenance facility expansion and modernization project in 2011.

Community members are also playing an important role in the City’s success through their overwhelming support and participation in the City’s water conservation

campaign and annual Living Green Expo.

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