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2016 Annual Conference 2016 Annual Conference City Attorneys’ Department Track Long Beach Convention Center Long Beach, California October 5 – 7, 2016 Name: ___________________________ Mission Statement: To restore and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. DISCLAIMER: These materials are not offered as or intended to be legal advice. Readers should seek the advice of an attorney when confronted with legal issues. Attorneys should perform an independent evaluation of the issues raised in these materials. Copyright © 2016, League of California Cities®. All rights reserved. This paper, or parts thereof, may not be reproduced in any form without express written permission from the th League of California Cities®. For further information, contact the League of California Cities® at 1400 K Street, 4 Floor, Sacramento, CA 95814. Telephone: (916) 658-8200. This publication is provided for general information only and is not offered or intended as legal advice. Readers should seek the advice of an attorney when confronted with legal issues and attorneys should perform an independent evaluation of the issues raised in these materials. The League of California Cities® does not review these materials for content and has no view one way or another on the analysis contained in the materials. 1400 K Street, Suite 400 Sacramento, CA 95814 916/658-8200 Fax: 916/658-8240 www.cacities.org Your First Source for Municipal Law The California Municipal Law Handbook 2016 This handbook gives you all the background, tools, and guidance you need in all the major areas of California municipal law. Known as the definitive work in its field, this work of over 300 municipal attorneys from the City Attorneys’ Department of the League of California Cities is published annually by CEB. • Latest developments in medical marijuana regulation, post-redevelopment law, and land use practice • New conflict-of-interest regulations under oliticalP Reform Act • Convenient, portable format • Full of expert practice tips, complete citations, and helpful references • Thoroughly updated annually to keep you current $359 replaced annually OnLAW MI94040-4404Z PRINT MI34046-4404Z City Attorneys—Special Offer! By special agreement between the League of California Cities and CEB, any member of the League’s City Attorney’s Department who purchases a print version of the Handbook can receive, at no extra cost, three CEB OnLAW subscriptions (online, searchable version of the publication) to the 2016 edition of the Handbook. ORDER YOUR COPY NOW! 1•800 •232 •3444 or use form on the reverse Available in two formats: CONTINUING EDUCATION OF THE BAR < CALIFORNIA UNIVERSITY OF CALIFORNIA < THE STATE BAR OF CALIFORNIA PRINT 4404Z order form CEB CUSTOMER SERVICE Did you know you can pay call us at 1.800.232.3444 your invoice online? Just visit ceb.com/paybill and use your MasterCard®, Visa®, or AmEx®. order Title Item/Session Number Price Qty Subtotal The California Municipal Law Handbook 2016 MI34046-4404Z $359 AMOUNT FOR PUBLICATIONS & CDs ship to STATE & LOCAL SALES TAX (CA residents only) NAME SHIPPING $7.95 for first item, $2 for each additional item FIRM ONLAW® , ACCESSLAW® , SEMINARS, PASSPORTS (no tax or shipping) ADDRESS (STREET ADDRESS REQUIRED FOR UPS) TOTAL CITY STATE ZIP EMAIL ADDRESS method of payment c Check enclosed (Payable to The Regents of the University of California) Thank you c Charge to my CEB account: c ® ® ® Charge to my VISA , MasterCard, American Express for your order! 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If a new edition of a hardcover book is published within cialization credit—is subject to change. No cancellations or refunds are allowed after six months after you have purchased the previous edition, you can apply the product, return it within 30 days of the invoice date, presentation of the seminar or if you attend any portion of the seminar. Discounts amount you paid as a credit toward purchase of the new edition. cannot be combined. Recording of CEB programs is not permitted. CEB uses ADA ap- ONLAW® is a Web-based subscription product offered on an annual basis. and we’ll refund your money. proved facilities. Disabled persons requiring special assistance, please contact CEB at Purchase constitutes a 12-month contract and will be automatically renewed 1-800-232-3444. CEB is a State Bar of California approved MCLE provider. after one year. To cancel, just let CEB know you will not be renewing. ALL PRICES SUBJECT TO CHANGE. Discounts cannot be combined. 4404Z CALL Don’t forget to mention your fax 1.800.640.6994 1•800 •232 •3444 priority code CEB Order Dept. M–F 7:30 am to 5:00 pm while ordering. or go to mail 2100 Franklin St., Suite 500 Oakland, CA 94612-3098 ceb.com CONTINUING EDUCATION OF THE BAR < CALIFORNIA UNIVERSITY OF CALIFORNIA < THE STATE BAR OF CALIFORNIA City Attorneys’ Department 2016 Annual Conference: City Attorneys’ Track Program Materials Table of Contents Page I. About MCLE Credit ...................................................................................iii II. Program ................................................................................................... iv III. Program Materials a. City Attorney Relationships: City Manager, City Clerk, Councilmembers .......... 1 Paul Arevalo, City Manager, West Hollywood Michael Jenkins, City Attorney, West Hollywood Lisa Pope, Assistant City Clerk, Santa Monica Richard W. Kite, Councilmember, Rancho Mirage Steven B. Quintanilla, City Attorney, Rancho Mirage b. FPPC Update ..................................................................................................... 13 Randy E. Riddle, Renne Sloan Holtzman Sakai c. Municipal Tort and Civil Rights Litigation Update ............................................ 25 Walter C. Chung, Lead Deputy City Attorney, San Diego d. General Municipal Litigation Update ................................................................ 47 Javan N. Rad, Chief Assistant City Attorney, Pasadena e. Guiding Legislative Bodies Through Trial: City and Trial Attorney Perspectives ................................................................. 71 Brian P. Walter, Liebert Cassidy Whitmore Elizabeth T. Arce, Liebert Cassidy Whitmore f. Serially? Seriously. Avoiding the Perils and Pitfalls of Serial Meetings in the Digital Age ..................................................................... 85 Kendra L. Carney, Deputy City Attorney, Tustin James C. Sanchez, City Attorney, Sacramento League of California Cities® 2016 Annual Conference, City Attorneys’ Track Long Beach Convention Center i III. Program Materials (continued) g. Have You Noticed? Noticing and Agenda Descriptions Under the Brown Act ...................................................................................... 105 Martin D. Koczanowicz, City Attorney, Grover Beach, King City and Tulare h. Let’s Ex Parte! The Limits and Disclosure Requirements of Ex Parte Contacts in the Public Hearing Context ............................................ 119 Ariel Pierre Calonne, City Attorney, Santa Barbara i. Labor and Employment Litigation Update ...................................................... 137 Timothy L. Davis, Burke, Williams & Sorensen j. AB 646 Post Impasse Fact Finding in Collective Bargaining ............................ 165 Edward P. Zappia, Zappia Law Firm Anna Zappia, Zappia Law Firm k. Land Use and CEQA Litigation Update ............................................................ 177 Christian L. Marsh, Downey Brand l. Legal and Practical Considerations Regarding Cultural Resources and AB 52 ........................................................ 211 Andrea P. Clark, Downey Brand Lisa Westwood, RPA, Cultural Resources Manager, ECORP Consulting m. Not Just Density Bonuses: Dealing with Demands Beyond the Bonus ........... 225 Lynn E. Hutchins, Goldfarb & Lipman Karen M. Tiedemann, Goldfarb & Lipman n. Gift of Public Funds (Spoiler Alert: It’s Illegal) ................................................ 249 Brian P. Forbath, Stradling, Yocca, Carlson & Rauth, PC o. High-Tech Intimidation, Stress & the Public Official ....................................... 265 (MCLE Specialty Credit) Richard Carlton, MPH, Director, Lawyer Assistance Program The State Bar of California IV. Speakers’ Biographies .................................................................................... 277 League of California Cities® 2016 Annual Conference, City Attorneys’ Track Long Beach Convention Center ii MCLE Information The League of California Cities® is a State Bar-certified minimum continuing legal education (MCLE) provider. This activity is approved for 10.5
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