2012 Annual Conference City Attorneys’ Department Track San Diego Convention Center San Diego, California September 5-7, 2012 Name: ___________________________ Mission Statement: To restore and protect local control for cities through education and advocacy to enhance the quality of life for all Californians. 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 The essential guide for researching California municipal law. Available in July reserve your copy now! 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. The California Municipal Law Handbook, 2012 $299, MI34042-7551Z Print MI94040-7551Z OnLAW City Attorneys—Special Offer! 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University of California • state Bar of California fullBW 03072011mc City Attorneys’ Department Track 2012 League of California Cities Annual Conference Program Materials Table of Contents Page I. About MCLE Credit ................................................................................... iii II. Program .................................................................................................... iv III. Program Materials a. Late Breaking Report from the Post-Redevelopment Working Group .............. 1 Gillian van Muyden, General Counsel – Community Development, Office of the City Attorney, Glendale b. Late Breaking Report from the Medical Marijuana Committee ......................... 5 Thomas B. Brown, City Attorney, St. Helena Mary T. Nuesca, Chief Deputy City Attorney, San Diego Ruthann G. Ziegler, City Attorney, Citrus Heights and Pittsburg c. Social Media: Labor and Employment Legal Issues ............................................ 9 Christina L. Checel, Senior Deputy City Attorney, Long Beach Jeff Sloan, Renne Sloan Holtzman Sakai d. Guide to Understanding Use of Force Lawsuits ................................................ 23 Susan E. Coleman, Burke, Williams & Sorensen Robert Fonzi, Undersheriff, San Bernardino County Gary Geuss, Chief Assistant City Attorney, Los Angeles e. Land Use and CEQA Litigation Update .............................................................. 47 Andrew W. Schwartz, Shute Mihaly & Weinberger f. Pension Reform & The Ballot Box: Not As Simple As It Looks .......................... 85 Steven M. Berliner, Liebert Cassidy Whitmore g. Recent Amendments to the Americans with Disabilities Act: Public Access and Rights of Way ....................................................................... 95 Gregory F. Hurley, Greenberg Traurig Neil Okazaki, Deputy City Attorney, Riverside League of California Cities 2012 League of California Cities Annual Conference i City Attorneys’ Track San Diego Convention Center, San Diego II. Program Materials (continued) h. Walking a Tighrope – Regulating Group Homes Without Running Afoul of Federal and State Laws ................................................................................... 143 Patrick “Kit” Bobko, Richards, Watson & Gershon T. Peter Pierce, Richards, Watson & Gershon i. General Municipal Litigation Update .............................................................. 167 Wynne S. Furth, Attorney at Law j. Charter City Authority Over Prevailing Wage: State Building and Construction Trades Council v. City of Vista ..................... 189 James P. Lough, City Attorney, Lemon Grove k. The “Occupy” Movement: What Can Cities Do? ............................................ 203 Rocio V. Fierro, Police General Counsel/Supervising Deputy City Attorney, Public Safety, Oakland City Attorney’s Office Deborah J. Fox, Meyers Nave l. FPPC Update ................................................................................................... 227 Shawn M. Mason, City Attorney, San Mateo m. Employment of CalPERS Annuitants ............................................................... 235 Stacey N. Sheston, Best Best & Krieger n. Municipal Tort and Civil Rights Litigation Update .......................................... 243 Eugene P. Gordon, Office of the City Attorney, San Diego o. Labor and Employment Litigation Update ...................................................... 269 Richard S. Whitmore, Liebert Cassidy Whitmore p. MCLE Specialty Credit – ETHICS Ethical Implications of Representing Multiple Boards/Clients ....................... 309 Michael D. Martello, Interim City Attorney, Sunnyvale Jannie L. Quinn, City Attorney, Mountain View III. Speakers’ Biographies ................................................................................................ 329 League of California Cities 2012 League of California Cities Annual Conference ii City Attorneys’ Track San Diego Convention Center, San Diego 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 hours of MCLE credit which includes 1 hour of Ethics credit. Registration Check-In MCLE credit is being tracked through your registration for the conference and the receipt of your conference materials. At the time that you receive your conference materials, you will be required to verify your State Bar number and this will serve as proof of your attendance. Certificate of Attendance Certificates of attendance are available on the materials table at the back of the City Attorneys’ session room until the conclusion of the conference. Please make sure you pick up your attendance certificate. You only need one attendance certificate for all of the City Attorney sessions at this conference. Evaluations PLEASE TELL US WHAT YOU THINK! We value