April 2012

APRIL 2012 |

The Monthly Magazine of the League of California Cities

Act Now to Create a Healthier Community p.4 Curtailing Frivolous Lawsuits p.11 Changes to the Gift Rules p.10

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Top line coverage.

Bottom line driven.

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CONTENTS 2

Calendar of League Events

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President’s Message

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State and local governments can be targets for vexatious litigants, individuals who file “do-it-yourself” lawsuits and represent themselves in court.

By Mike Kasperzak

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California Cities Helen Putnam Award for Excellence

something that makes such good sense we can all agree on it.

La Mesa Gives Seniors a Lift

City Forum

The Rides4Neighbors program provides a variety of flexible transportation options for eligible senior residents.

HEAL Cities Campaign Supports Healthy Communities

By Charlotte Dickson Obesity and related diseases threaten the health of cities’ most vulnerable populations, particularly children and youth. In response, California cities are participating in the Healthy Eating Active Living (HEAL) Cities Campaign and adopting policies that support health.

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Strategies for Curtailing Frivolous Lawsuits

By Martin Kosla

Act Now to Create a Healthier Community As local officials, we grapple with a lot of challenging issues and tough situations, and we don’t always agree on the best thing to do. But once in a while we come across

Legal Notes

Everyday Ethics for Local Officials

Understanding Changes to The Gift Rules By the Institute for Local Government A variety of changes to the gift regulations took effect Jan. 1, 2012.

The goal was to simplify the gift regulations and make them easier to understand, while reinforcing the principle that public officials may not use their positions for personal gain.

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Job Opportunities

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Professional Services Directory

Don’t Miss Legislative Action Days April 25–26 Sacramento Register now! Free to League member cities and League Partners.

Legislative Action Days will cover: • Current budget issues;

Cover Photo: Courtesy of City of Mountain View and TIMptations Fresh Produce

• Post-redevelopment challenges; • Pension reform; • Land use; • Water; • Energy; and • More!

Looking for “On the Record”?

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

Hear updates from legislators, and learn about the most recent developments that affect your city.

Plan to meet with your legislators to discuss your city’s priorities.

Get the latest on breaking issues.

Visit www.cacities.org to register.

President Michael Kasperzak Mayor Mountain View

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

First Vice President Bill Bogaard Mayor Pasadena

Second Vice President José Cisneros Treasurer San Francisco

Immediate Past President Jim Ridenour Mayor Modesto

Executive Director Chris McKenzie

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

leaguevents

Magazine Staff Editor in Chief Jude Hudson (916) 658-8234 e-mail: <editor@westerncity.com>

APRIL

Managing Editor Eva Spiegel (916) 658-8228 e-mail: <espiegel@cacities.org>

25 – 26

Legislative Action Days, Sacramento City officials attending these events get updates on key legislative issues and meet with their legislators to discuss local priorities.

Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256 e-mail: <maxwellp@cacities.org>

26 – 27

Advertising Assistant Anita Lopez (916) 658-8223 e-mail: <alopez@cacities.org>

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

Contributors Koreen Kelleher Kyra Ross JoAnne Speers Patrick Whitnell

MAY

2–4

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

City Attorneys Spring Conference, Hollywood This meeting covers the latest trends and issues affecting public law practitioners and provides an opportunity to connect with colleagues.

For photo credits, see page 16.

JULY

19 – 20 Western City (ISSN 0279-5337) is published monthly by the League of California Cities, 1400 K St., Sacramento, CA 95814. Subscriptions: $39.00/1 year; $63.00/2 years; student: $26.50; foreign: $52.00; single copies: $4.00, including sales tax. Entered as periodical mail January 30, 1930, at the Post Office, Los Angeles, CA 90013, under the Act of April 13, 1879. Periodical postage paid at Sacramento, Calif.

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Postmaster: Send address changes to Western City, 1400 K Street, Sacramento, CA 95814. Western City Trademark Reg. U.S. Pat. Off. ©2012 League of California Cities. All rights reserved. Material may not be reprinted without written permission. This issue is Volume LXXXVIII, No. 4.

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Supplied by Community Energy

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

SEPTEMBER

5–7

League of California Cities 2012 Annual Conference & Expo, San Diego Convention Center This 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.

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

For the latest information on League conferences and events, follow us on Twitter @CaCitiesLearn.

For legislative and policy updates and more, follow @CaCities.

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

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Beacon Award:

Local Leadership

Toward Solving Climate Change Recognizing California Cities and Counties

BEACON AWARD CRITERIA

Join These Leading Communities Achieving Local Sustainability

10 Best Practice Areas

Energy Efficiency

Greenhouse Gas Emissions

CURR E N T BE ACO N AWAR D PART ICIPANTS (as of March 21, 2012) Apple Valley Arcata Beaumont Benicia Chula Vista Citrus Heights Davis Delano El Cerrito Glendale Hayward La Mesa Livermore

Manhattan Beach Palm Springs Palo Alto Pleasanton Rancho Cucamonga Riverside Rolling Hills Estates Sacramento San Carlos San Diego County San Rafael San Ramon Santa Barbara

Santa Clarita Santa Cruz Santa Monica Simi Valley Sonoma County South Gate Taft Tulare Union City Ventura West Sacramento Woodland Yolo County

Becoming a Participant Complete a simple online application.

Applications accepted continuously.

Learn more at: www.ca-ilg.org/BeaconAward

www.ca-ilg.org/BeaconAward/Participants

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This Program is funded by California utility ratepayers and administered by Southern California Gas Company, San Diego Gas & Electric Company, Pacific Gas and Electric Company and Southern California Edison, under the auspices of the California Public Utilities Commission.

President’s Message by Mike Kasperzak

Act Now to Create a Healthier Community

As local officials, we grapple with a lot of challenging issues and tough situations, and we don’t always agree on the best thing to do. But once in a while we come across something that makes such good sense we can all agree on it. Cultivating a culture of better health for our communities and for our employees is a good example of something that we can all agree on — and we can take action to make it happen in our own backyards.

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Fostering healthier communities makes fiscal sense for local governments, businesses, families and individuals.

Here’s why.

diabetes and some types of cancer. These are among the leading causes of death in the United States. Obesity can also cause sleep apnea and breathing problems and make activity more difficult. Obesity can also cause problems during pregnancy or make it more difficult for a woman to become pregnant. Obese people require more expensive medical care. This places a huge financial burden on our medical care system and drives up the cost of health care for everyone.

Obesity threatens the health of an increasing number of kids and teens.

According to the Centers for Disease Control and Prevention, obesity now affects 17 percent of all children and adolescents in the United States — triple the rate from just one generation ago. Being overweight puts children at risk for heart disease, type 2 diabetes, hypertension, stroke, sleep apnea and respiratory problems, and numerous other health complications.

• Americans consume a lot of sugar. Six out of 10 adults drink at least one sugary drink per day; and

When our children’s health suffers, it affects the entire community. Kids who don’t feel good don’t perform well academically.

Caring for a sick child often means parents miss work, which means reduced productivity and efficiency for businesses.

The obesity epidemic affects adults, too. African-American women and Hispanics have the highest rates of obesity (41.9 percent and 30.7 percent respectively). Obesity is a contributing cause of many other health problems for adults, including heart disease, stroke,

www.westerncity.com

The underlying causes of obesity are not difficult to understand: • When people eat too much and don’t get enough physical activity, they gain weight; • In some communities, especially lowerincome neighborhoods, residents have less access to stores that provide healthy food like fresh fruit and vegetables; • It is often easier and cheaper to get less healthy foods and beverages; • Restaurants, fast-food outlets and vending machines offer fare that is often high in calories and fat;

• Marketing and advertising promote food that is high in sugar, fat and salt.

In addition, many communities are built in ways that make it difficult or unsafe to be physically active: • Access to parks and recreation centers may be limited, and public transportation may not be available; and • Safe routes for walking or biking to school, work and play may be lacking.

People are living longer, but if they are unhealthy they can also be sick a lot longer, too — and that is costly.

A recent article in the San Jose Mercury News titled “The Cost of Dying” recounts one woman’s experience with her elderly father, an Alzheimer’s patient whose last 10 days were spent hospitalized with a fatal infection. The bill totaled $323,000.

A follow-up article, “Lessons Learned,”

explored the additional costs of this experience in terms of its emotional agony for family members and the patient’s rapidly declining quality of life.

The issues related to longer life spans touch all of us on a personal level. It’s also something that local governments are thinking about with respect to retiree health care costs, which are ultimately borne by the taxpayers.

The quality of life is inextricably intertwined with health status. Poor health means a poorer quality of life. As elected officials, we want our residents to enjoy a good quality of life. And as fiscal stewards of our cities, we understand that better health has a direct impact on the bottom line — healthy employees are more productive, and healthy retirees need fewer costly medical procedures and medications. A healthy community is a vibrant place where people can thrive and enjoy a better quality of life.

A Leadership Opportunity Improving the health of our communities is a leadership opportunity for cities.

It’s easy for cities to lead on this issue by joining the Healthy Eating Active Living (HEAL) Cities Campaign. More than 100 California cities are already participating in HEAL, which supports cities in adopting policies that: • Promote walking, biking and physical activity; and • Enhance access to fresh fruits, vegetables and other healthy foods.

Joining the HEAL Cities Campaign is simple. Your city council just adopts a resolution, which you can download from the HEAL website (http://healcities campaign.org).

Setting policy to support a goal is something we do all the time as elected officials. The HEAL Cities Campaign provides plenty of resources for cities that want to improve the health of their residents and their employees. continued

Western City, April 2012

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Act Now to Create a Healthier Community, continued

Implementing Policies That Support Health In Mountain View, we’ve taken a multifaceted approach to improving health and wellness. The process began in 2008 with extensive community outreach as part of our General Plan visioning process. Our residents identified these core values for the community: sustainability, quality of life, and health and wellness. They highly value access to parks and recreational activities, accommodations for pedestrians and bicyclists, access to transit, and neighborhoods with stores that offer fresh produce and healthy food choices.

As we looked at the core values that would form the basis of the General Plan, we realized that health and wellness were just as important as sustainability and quality of life. Based on what we heard

from the community, our staff worked to incorporate health and wellness in all of the General Plan’s elements, rather than making it a separate and discrete element.

Mountain View’s General Plan now includes a strong emphasis on “complete” streets that accommodate the needs of pedestrians and bicyclists, giving walkability and bikeability the same planning imperative and emphasis historically given to the car. Access to parks and recreational opportunities is another priority.

Our General Plan also includes mixeduse development that promotes access to services and complete neighborhoods; housing that supports transit; and strong environmental health and public safety components. We are working to ensure that every neighborhood has access to healthy foods, including fresh

C TIES

GUIDING HEALTHY GOVERNMENT

LEAGUE OF CALIFORNIA CITIES 2012 ANNUAL CONFERENCE & EXPO

Mark Your Calendar Now The League of California Cities 2012 Annual Conference & Expo will focus on “Cities Guiding Healthy Government,” Sept. 5–7 in San Diego.

Visit www.cacities.org/ac for registration and program information.

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League of California Cities

Obesity now affects 17 percent of all children and adolescents in the United States — triple the rate from just one generation ago. fruit and produce, within easy walking or biking distance.

One of our greatest successes has involved using aging strip malls to establish “village centers” in neighborhoods. People are using these centers as gathering places for positive interaction. We are looking at ways to build on the potential strength of these village centers, possibly by making land use more flexible in these centers to promote healthier retail opportunities and expand services that support health into neighborhoods where they don’t currently exist.

Improving Employee Health Looking at community health also prompted us to take a closer look at employee health. Research shows that our employees and their families are affected by asthma, diabetes, heart disease, depression, high blood pressure and high cholesterol. In an effort to effect a positive change, Mountain View applied for and secured a $40,000 grant in late www.cacities.org

Providing access to parks and recreational activities is a critically important component of the effort to create healthy communities. Mountain View residents report that they highly value parks and recreation, as well as accommodations for bicyclists and pedestrians and access to stores offering fresh produce and healthy food.

More Resources for Planning Healthy Neighborhoods The Institute for Local Government’s Healthy Neighborhoods Project provides support and resources local officials can use to protect and improve community health by integrating health considerations into their planning, land-use and other decisions. Visit www.ca-ilg.org/healthyneighborhoods to access ideas for action, case stories and resources designed to strengthening the efforts of local officials, staff, planning and development professionals and community residents in creating healthier communities.

The site also contains a free publication, Understanding the Basics of Land Use and Planning: Guide to Planning Healthy Neighborhoods, which offers helpful tips for local officials.

2011 from the YMCA of Silicon Valley to improve municipal employee health and wellness. The city’s Wellness Committee has used the grant funds to: • Launch a workplace community-supported agriculture delivery program, which provides boxes of fresh locally grown produce via a subscription service; • Establish the Health and Wellness Minute Series, which invites health educators to different citywide events where employees can ask general health and wellness questions and pick up brochures on related topics; • Audit the city’s snack and beverage vending machines. Healthy snack and drink options ranged from just 20 to 37 percent of all items in the machines. After meeting with local vendors who service the machines, healthy snack and drink choices were increased to 70 percent; • Launch a Health Matters at Work website, a one-stop portal for health and wellness resources including simple health assessments and free educational webinars and podcasts, available to all employees 24/7; • Begin holding on-site Weight Watchers meetings. More than 20 employees are currently participating in the program, and collectively they have lost more than 150 pounds;

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• Post two health education wall-mounted displays designed to educate employees on pertinent health issues and provide brochures and tips on wellness and prevention; • Provide healthier food choices at the annual summer barbecue and holiday lunch, and incorporate exercise opportunities and health and nutrition information into the events; • Send “Maintain Don’t Gain” e-mails to employees from mid-November to the first week in January. Maintain Don’t Gain is a free do-it-yourself resource offering a variety of ideas, tips and materials to help employees resist temptation and take charge of their weight; and • Establish a health and wellness blog along with Thrive Across America (an online physical activity program where you travel across a virtual trail by recording exercise minutes).

On a more personal note, I have to admit I found the statistics on obesity somewhat alarming. In the past year, I’ve noticed unwelcome extra pounds creeping up on me. While I’m not a big fan of sweets, I do like a full plate. The HEAL Cities Campaign has given me the motivation I needed to adopt a more healthy Mediterranean diet and start a new exercise regimen. As I write this column, I’m happy to report that I have lost six pounds and I’m feeling more energetic.

As fiscal stewards of our cities, we understand that better health has a direct impact on the bottom line.

Take Action Now Given our interest in supporting community health and wellness, it was a natural fit for Mountain View to join the HEAL Cities Campaign. And bearing in mind the benefits associated with healthier communities — fiscal savings on health care for employees and retirees, and an improved quality of life for all — this is something I strongly encourage you to do in your city. To learn more, turn to page 8 to read “HEAL Cities Campaign Supports Healthy Communities.”

Just visit the HEAL website (http://heal citiescampaign.org) and download the sample resolution, which your city can adopt to join the HEAL Cities Campaign.

Make health and wellness a priority for your city now, and reap the benefits of a happier, healthier community. n

Western City, April 2012

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HEAL Cities Campaign Supports Healthy Communities

by Charlotte Dickson

O

besity and related diseases threaten the health of cities’ most vulnerable populations, particularly children and youth. As part of an effort to address obesity, California cities are participating in the Healthy Eating Active Living (HEAL) Cities Campaign and adopting land-use, economic development and employee wellness policies that support health.

The 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. The campaign also works closely with the U.S. Department of Health and Human Services Region IX on the Let’s Move Cities, Towns and Counties initiative.

How HEAL Makes a Difference Communities that lack ample grocery stores, sidewalks or adequate accommodations for pedestrians and bicyclists pose significant challenges for people who live or work there and want to make healthy choices. To address these challenges, the HEAL Cities Campaign supports cities in adopting policies that: • Promote walking, biking and physical activity; and • Enhance access to fresh fruits, vegetables and other healthy foods.

Implementing these policies makes it easier for residents and municipal employees to buy wholesome food and walk, bike or use public transit to get to school, work and stores. In a HEAL city, families might follow a walking path to a vibrant city park, shop at a local farmers market or buy healthy snacks at the public pool.

More than 100 California cities have joined the campaign, adopting policies and resolutions supporting healthy communities. At its November 2011 meeting the League board of directors passed a motion supporting 100 percent participation in the 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. The National League of Cities has also resolved to support HEAL’s expansion, and state municipal league executives in Maryland, Oregon and Virginia are actively exploring similar projects.

Cities Take Action With HEAL Cathedral City has a population of 51,200 and a childhood obesity rate of 28 percent. Council Member Greg Pettis, who also serves on the League board of directors, first heard about HEAL at a League conference and encouraged his city to join.

Pettis works with HEAL to keep Cathedral City’s attention focused on solutions to the obesity problem. The city recently partnered with the local Rotary Club to establish community gardens at two low-income housing projects. Cathedral City will add a sustainability chapter addressing HEAL principles to its General Plan and is working on a program to get residents walking outdoors.

Council Member Leonard McNeil represents 29,139 residents in San Pablo, a city with a 37 percent childhood obesity rate. McNeil learned about the HEAL Cities Campaign while serving on the League’s Community Services Policy Committee. Since joining the campaign, the San Pablo City Council unanimously passed a Gen-

Charlotte Dickson is director of the Healthy Eating Active Living (HEAL) Cities Campaign at the California Center for Public Health Advocacy and can be reached at <cd@publichealthadvocacy.org>. For more about the HEAL Cities Campaign, visit http://healcitiescampaign.org.

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eral Plan Health Element and established a new Health Commission to support the effort. San Pablo has adopted a wellness policy that replaces unhealthy snack foods with healthier options at city-sponsored events, and the city staff launched a walking club. San Pablo is also hosting 60 low-income residents in a series of classes about maximizing nutrition on a budget; topics include cooking, financial literacy and smart shopping.

Eight cities in Los Angeles County — Baldwin Park, Bell Gardens, El Monte, Huntington Park, La Puente, Pasadena, San Fernando and South El Monte — have adopted policies to offer healthy beverages and snacks to employees and residents who use municipal facilities and programs. Following the example of local schools, these cities offer only items that meet nutrition standards aimed at supporting health. Sugary drinks such as sodas and sports beverages are being replaced with fruit juice, low-fat milk, diet drinks and water. According to Mayor Pro Tem Marlen Garcia of Baldwin Park, this policy reflects her city’s commitment to do everything possible to raise a healthy generation of young people.

information, contact Charlotte Dickson, director; phone: (510) 302-3387; e-mail: <cd@publichealthadvocacy.org>. n

left to right Children participate in a full-body workout that’s part of the City of Irvine’s “Fit Factory” program; Baldwin Park residents celebrate the opening of the Hilda Solis Fitness Zone; more than 1,700 students walk to La Mesa’s Dale Elementary School on National Walk to School Day; and Chino students learn about healthy food choices at a local grocery store.

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For More Information It’s easy to join the HEAL Cities Campaign and make a healthy difference for your community. To learn more, visit http://healcitiescampaign.org. Download the HEAL Cities Campaign Toolkit, including a sample resolution, at http://heal citiescampaign.org/toolkit.html. For more

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Western City, April 2012

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Everyday Ethics for Local Officials

Understanding Changes To the Gift Rules QUESTION I’ve heard that the Fair Political Practices Commission (FPPC) has adopted changes to the gift regulations. Is this true? What do local officials need to know about these regulations?

ANSWER A variety of changes to the gift regulations took effect Jan. 1, 2012. According to an FPPC press release, the goal was to simplify the gift regulations and make them easier to understand, while reinforcing the principle that public officials may not use their positions for personal gain.

“Gift regulations should apply only in situations when the public official receiving the gift makes governmental decisions that directly affect the person giving,” said FPPC Chair Ann Ravel. “We also wanted to close loopholes to ensure that people with business before an official will not be able to influence that official.”

Other changes to the gift regulations focused on organization and consistency.

The FPPC plans to complete this work in spring 2012 by finalizing other proposed changes to the regulations that define a gift’s “personal benefit” and that address gifts of travel.

This article covers the highlights of these changes.

California’s Basic Gift Rules The goal underlying California’s gift rules is to prevent either the perception or the reality that gifts influence public officials’ actions. This is because public agency actions should always promote the public’s interests, as opposed to narrow personal or political interests.

California public officials must: 1. Report gifts worth $50 or more on their Statement of Economic Interests. Gifts from a single source must be added up over the course of a calendar year. An official’s reporting obligation is triggered when the combined value of a series of gestures from a single gift-giver reaches $50 or more.

2. Not receive gifts that exceed $420 from a single source per calendar year. This limit can be exceeded by accepting a single large gesture or a series of gestures over the course of a calendar year from the same gift-giver that total more than $420.

3. Remember that having accepted gifts may keep a public official from participating in the decisionmaking process. If a public official accepts gestures with a value of more than $420 from a single gift-giver in the 12 months preceding the official’s involvement in a decision affecting that

gift-giver, the official may be disqualified from influencing and/or participating in that decision-making process.

The regulations provide a number of exceptions to the receipt and reporting requirements, including: • Gifts from family members (as defined in the Fair Political Practices Commission regulations, which also were amended), as long as the family member is not acting as an intermediary for someone else who is the true source of the gift; • Gifts exchanged with friends on special occasions (for example, birthdays and holidays) as long as the gifts are of approximately equal value; and • Within certain parameters, the practice of taking turns paying for the cost of attending social events and activities as long as the practice results in each party over time paying for his or her share of the costs (note that this is new).

Public officials are well-advised to look beyond what the law allows in any situation involving a nice gesture. This includes considering how residents will view a public official’s actions.

For more details on these rules, read the online version of this article at www. westerncity.com.

continued on page 13

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. ILG thanks volunteer and retired City Attorney Michael Martello for his assistance with this article.

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Strategies for Curtailing Frivolous Lawsuits

by Martin Kosla State and local governments can be targets for individuals who file “do-ityourself” lawsuits and represent themselves in court. Also known as vexatious litigants, these individuals range from opportunistic citizens to inmates in county jails and state prisons. Lawsuits filed by self-represented litigants often have no merit and are dismissed before they reach trial — but not before a city or county has spent thousands of dollars on legal fees.

Case Example No. 1 Consider this scenario: Police officers from a California city respond to a domestic disturbance call at a rental property that a mother is renting to her daughter. The situation is resolved without any arrests.

However, the mother later sues the city in federal court, claiming that the city violated her civil rights. The mother also alleges that the city participated in a conspiracy against her, which included the execution of a fraudulent grant deed to one of the mother’s family members. She seeks damages in the amount of $100 million and punitive damages in the amount of $500 million. Sounds like an expensive lawsuit, right?

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

Not exactly. The city attorney suspects the mother’s claims are frivolous and that she is vexatious. His doubts disappear when he attends the first hearing; in the court hallway he sees her putting on a neck brace and then hobbling into the courtroom on crutches that she carried to the court in her arms. Earlier the city attorney followed his instincts and, through some quick research, discovered that the mother was declared a vexatious litigant in another federal court. At the hearing, he argues that the mother cannot proceed with her lawsuit because she is a vexatious litigant.

This example is based on an actual incident and illustrates that excessive,

frivolous lawsuits can be dealt with swiftly and efficiently by implementing some simple strategies and using the law that deals with vexatious litigants.

California’s Vexatious Litigant Law In California, it is possible to have a selfrepresented litigant declared as vexatious if he or she has: • Lost at least five self-represented lawsuits in the preceding seven years; • Sued the same defendant for the same cause of action or claim after losing a lawsuit; continued

Martin Kosla is an attorney at Burke, Williams & Sorensen, LLP, and can be reached at <mkosla@bwslaw.com>.

www.westerncity.com

Western City, April 2012

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Strategies for Curtailing Frivolous Lawsuits, continued

• Repeatedly filed meritless motions or conducted unnecessary discovery in any lawsuit; or • Previously been declared a vexatious litigant for similar reasons.

For the purposes of this law, lawsuits are not limited to state court civil actions but also include proceedings brought in federal court.

Once a court declares that a self-represented litigant is vexatious, the person’s name is entered on the vexatious litigant list. The Judicial Council maintains the list and circulates it to all the state courts.

When the self-represented litigant is “blacklisted,” several potential remedies are available to the city or county. For example, the government entity can ask the court to order the plaintiff to post

Excessive, frivolous lawsuits can be dealt with swiftly and efficiently by implementing some simple strategies.

The 2012 City Hall Directory Find-it-fast information for every city in California

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CITIES

a bond before he or she continues with the lawsuit. If the plaintiff fails to do so, the lawsuit will be dismissed. A selfrepresented litigant may well be discouraged from pursuing a frivolous lawsuit if he or she has to put up a $100,000 bond before proceeding.

Because the vexatious litigant list is publicly available, local and state governments should routinely check the list and crossreference it with any newly served complaints to determine whether the plaintiff has already been deemed vexatious.

Federal Case Law Remedies for curtailing frivolous lawsuits are also available to cities and counties in federal court. For example, the federal courts have recognized that they have the inherent power to enter pre-filing orders against vexatious litigants. However, before entering any pre-filing order, a federal court must allow the litigant due process, such as notice and the opportunity to be heard.

Case Example No. 2 Consider another scenario: A state prison inmate asks the prison staff to allow him and 11 other members of an offshoot Islamic group to celebrate Ramadan in the prison chapel in a month other than the one traditionally observed by Muslims.

The prison officials agree to this request and schedule a special religious program in the prison chapel. A week later the prison officials cancel the religious program. The inmate sues the prison staff in federal court for violating his First Amendment rights.

Sounds like a legitimate lawsuit that will be expensive, right?

Not so. The attorney representing the prison staff does some quick investigative work and finds that the religious program was cancelled simply because the religious group, including the inmate, failed to attend and participate in the program. The attorney now suspects that this inmate is vexatious and litigious. He reviews the court docket and finds the inmate has 41 active federal lawsuits. The attorney also finds that the inmate has already had continued on page 17

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Understanding Changes to the Gift Rules, continued from page 10

New Exclusion for Gifts Resulting From Business or Social Relationships

agency or has had one approved or granted in the previous 12 months; or

One of the new rules excludes gifts based on social or business relationships. For a gift to fall within this exception to California’s gift rules:

• A person or the agent of a person involved in a licensing proceeding before the official’s agency in which the official may participate or has participated in the previous 12 months.

• The gift-giver must have an existing business or personal relationship with the public official;

To read the rest of this article and see related resources, visit www.westerncity.com. n

Looking for Footnotes?

A fully footnoted version of this article is available online at www.westerncity.com.

• The relationship must be unrelated to the official’s public position; • The donor’s finances cannot be affected by the decision-maker in the reasonably foreseeable future; and • The gift-giver must not be a lobbyist registered to lobby the official’s agency.

Long-Term Friendships

The new exclusion for payments and gifts from a long-term friend is similar but different from the exclusion for gifts based on existing social or business relationships. For example, the “friendship” exclusion is available to exclude a gift from a childhood friend or college roommate. For the exclusion to apply to a gift received by the official, the giver must be a “long-term, close personal” friend of the official and the friendship must be unrelated to the official’s position with the agency.

The friend also cannot be: • A lobbyist or lobbyist employer or firm; • A person who may have a permit, contract or entitlement before the official’s

More Resources Online For links to additional resources, read the online version of this article at www.westerncity.com.

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Western City, April 2012

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La Mesa Gives ! !

Seniors a Lift As the City of La Mesa prepared to celebrate its centennial in 2012, staff and elected officials focused on the community’s aging population. La Mesa’s population of 58,000 is significantly older than that of San Diego County.

Residents age 65 and older represent 16 percent of La Mesa’s total population; 3 percent of the total population is 85 or older. “That’s the highest percentage in that age bracket in a single community in San Diego County, and many of those individuals live more than a quarter-mile from a transit service area,” says La Mesa City Manager Dave Witt.

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enerally described as “the frail elderly,” people in this age group often have disabilities, live on a fixed income and are most likely to depend on transit. Seniors who cannot drive often suffer from decreased independence, feelings of isolation, missed medical appointments, lack of access to grocery and personal needs shopping, and a general decline in health due to limited social contact. Transportation is a high priority for seniors and the frail elderly. “With the significant population of Baby Boomers continuing to age, we expect this transportation need trend to continue to grow exponentially,” says Witt.

City staff researched existing transportation options and found significant gaps in availability for seniors. A popular service called Dial-a-Ride once provided door-to-door transportation for $1.00 per ride within the city’s geographic boundaries but was discontinued in the early 1990s due to lack of available funding. While some transportation programs with limited geographic coverage

Volunteer driver Susan takes Chris home after visiting his wife in a nursing facility; right Taxi Driver Mike helps Roxie from her wheelchair into the cab. left

operated in other areas of San Diego County, none were readily available to La Mesa residents. Alternative transportation for older adults and those with disabilities was clearly needed.

Because La Mesa has a history of successfully enhancing and supplementing city services with community volunteers, the city looked at developing a volunteer driver-based program. Staff determined this option offered the most efficient use of limited resources, and the Rides4Neighbors program was created.

Finding the Funds Rides4Neighbors provides a comprehensive approach to flexible transportation options for eligible residents. The program was launched in 2007 with federal and local transportation grant continued on page 18

The City of La Mesa won the Award for Excellence in the Public Works, Infrastructure and Transportation category of the 2011 Helen Putnam Award for Excellence. For more about the award program, visit www.HelenPutnam.org.

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Display Advertising

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

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

Call Pam Maxwell-Blodgett at (800) 2621801 to place a display (boxed) ad or for rate and deadline information. Or e-mail <admanager@westerncity.com>.

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, advertising assistant; e-mail: <alopez@cacities.org>; phone: (916) 658-8223.

Did You Miss the March Issue?

Read it online at www.westerncity.com

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

Don’t Miss the Top Hits on Our Website!

1 Advocating for Your City in a Term-Limited Era — February 2012 2 The “Front Page” Test: An Easy Ethics Standard — February 2012 3 Resources for Involving the Public in Land-Use Planning Decisions — March 2012 4 Trailblazing a Sustainable Path — March 2012 5 The Power of Groupthink: The New Denial — March 2012 Read these articles today at www.westerncity.com

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Police Chief, Petaluma, CA The City of Petaluma, population 58,319, is set in the hills between Sonoma County’s famous wine country and the coast in southern Sonoma County. The City is seeking a Police Chief to oversee the FY 2012 budget of $13.8 million and 90 authorized positions.

The City will benefit from a Chief who is proactive, innovative, collaborative, team oriented and a decisive law enforcement leader who is capable of earning the respect of the City organization, the Department, the City Council and the community. A candidate with a proven record of honesty, integrity, leadership and trust is being sought. A Chief who is involved with the department, staff and community will excel in this position. The ideal candidate will be committed to being visible and approachable with a hands on approach to Community Oriented Policing. The City is seeking a Chief with experience in successfully working with unions, labor negotiations, budget constraints and who is politically savvy. A Bachelor’s Degree in Criminal Justice, Public or Business Administration, or a related field is required, a Masters Degree is desirable. Starting salary will be dependent on the qualifications of the candidate. The City of Petaluma also offers a benefit package. 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 May 4, 2012. phone 916•784•9080 fax 916•784•1985 www.bobmurrayassoc.com

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City Manager

City of West Sacramento, CA Located in the heart of a thriving metropolitan area, West Sacramento is recognized as a vibrant, business-friendly community that offers its nearly 48,000 residents quality opportunities and amenities for all life stages. Through a stable, professional, and proactive leadership environment, the City has enjoyed great successes over the years. Appointed by the five-member Council, the City Manager will oversee 335 staff and $114 million operating budget of this full-service organization. Proven experience in municipal finance/budgeting, economic development/ redevelopment is desired. Bachelor’s degree in public or business administration or related field required; Master’s preferred. Salary is DOQ.

Looking for Information?

We Can Help!

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

» » » » » » »

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.

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Peckham & McKenney apply@peckhamandmckenney.com 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 April 16, 2012.

Director of Fiscal Services, City of Boulder, CO Located near Denver and nestled in the foothills of the Rocky Mountains, the City of Boulder, CO (approximate population 100,000) is well-known for the high quality of life enjoyed by its residents and for being the home of the University of Colorado.

Boulder is now seeking a Director of Fiscal Services, a newly created position responsible for the operations and transactional aspects of the City’s fiscal services including the annual audit and financial reporting process, accounting, treasury, licensing, tax auditing, purchasing, accounts payable, internal auditing, and the mail room; this position reports to the CFO. The ideal candidate for this position will be committed to an inclusive, collaborative management style and respect for the input of both internal and external stakeholders. Candidates for this position must possess a Master’s Degree in Accounting, Finance, or a related field and a minimum of five years’ experience in financial leadership and management; equivalent experience and education may be considered. Previous municipal finance experience is highly desirable, but not required. The salary range for the Director of Fiscal Services is $102,250-$137,000; placement within the range is dependent upon qualifications. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Wesley Herman at (916) 784-9080 should you have any questions. Brochure available.

Closing date April 27, 2012.

» Governance, Legislation

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

Please send your cover letter and resume electronically to:

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

Photo/art credits: Page 4, courtesy City of Mountain View and TIMptations Fresh Produce; p.6 left, Andre Blais/Shutterstock; p.6 right, City of Mountain View; p.8 & p.9, courtesy cities of Irvine, Baldwin Park, La Mesa and Chino; p.10, Vector/Shutterstock; p.11, dslaven/Shutterstock;

p.12, Nomad_Soul/Shutterstock; p.14 & p.19, courtesy League of California Cities & City of La Mesa.

www.cacities.org

Strategies for Curtailing Frivolous Lawsuits, continued from page 12

17 of his lawsuits dismissed as frivolous, including a recent lawsuit against the United States for events that took place prior to the Civil War. The attorney promptly requests that the court revoke the inmate’s in forma pauperis (IFP) status, which has enabled the inmate to pursue his claims without paying court filing fees.

This example is also based on an actual incident. It demonstrates that government entities have access to simple solutions that specifically apply to inmates and prisoners.

Remedies for Vexatious Prisoners A federal court may revoke a prisoner’s IFP status if there are at least three “strikes” against him. “Strikes” are prior cases or appeals brought by the litigant while he was a prisoner that were dismissed on the grounds that they were frivolous, malicious or failed to state a claim. Federal courts may consider and accept orders from any state or federal court of the United States when counting the “strikes” of prisoner plaintiffs. A federal court may also take judicial notice of proceedings in other courts, both within and outside the federal system.

When a federal court revokes an inmate’s IFP status, the court may dismiss the entire complaint without prejudice. Alternatively the court may require the inmate to pay the entire filing fee before proceeding with his lawsuit.

Collecting and Retaining Information on Vexatious Litigants Cities and counties should collect and retain information on “frequent flyer” litigants in order to take advantage of these strategies and solutions. Court dockets should also be searched for the litigant’s name once a lawsuit is filed against a city or county. Such information allows the government entity to immediately ask the court to declare the litigant vexatious.

This can bring a frivolous lawsuit to a quick end, long before thousands of dollars of public money are wasted. n

www.westerncity.com

Remedies for curtailing frivolous lawsuits are also available to cities and counties in federal court.

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Watch for these Upcoming Opportunities: • City of Gainesville, FL: City Attorney • City of Topeka, KS: City Manager • Port of San Diego, CA: Port Attorney • County of White Pine, NV: Finance Director • County of White Pine, NV: Human Resources Director • Housing Authority of the City of Austin, TX (HACA), President/CEO • City of Tucson, AZ: City Manager For more information and filing deadlines, please contact: Bob Murray and Associates, 1677 Eureka Road, Suite 202, Roseville, CA 95661 Phone: (916) 784-9080, Fax: (916) 784-1985, E-mail: apply@bobmurrayassoc.com

New opportunities . . .

City Manager City of Hermosa Beach

Administrative Services Director City of Tracy Detailed information regarding these and other opportunities available at www.tbcrecruiting.com.

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

Western City, April 2012

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La Mesa Gives Seniors a Lift, continued from page 14

FFFFFFFFFFFFFFFFFFFFFFFF funding obtained through the San Diego Association of Governments (SANDAG).

The SANDAG funding was extended with a local grant from the Grossmont Healthcare District, which was used to support extensive community outreach and partnership development.

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How It Works Staff recruits, screens and trains volunteer drivers who use their own vehicles to accommodate eligible riders. These trained volunteers receive mileage reimbursement at the federal rate, and the program provides secondary liability insurance. PotenR T

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Public Works Director City of Galt, CA

The City of Galt is seeking a Public Works Director to make a difference in their great community! With approximately 24,000 residents and conveniently located midway between Sacramento and Stockton, Galt has a truly wonderful small town character and family atmosphere. The successful candidate will be working in a financially sound and politically stable agency alongside a professional and hard working staff. City management provides for a progressive forward thinking culture which includes a city-wide 9/80 work schedule. Bachelor’s degree in Civil Engineering or a related field ; six years professional engineering experience including two years of supervisory experience in a public works setting required. Salary range is from $110,112 to $137,112 with comprehensive benefits.

Please send your cover letter and resume electronically to:

Peckham & McKenney apply@peckhamandmckenney.com 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 April 30, 2012.

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tial riders must submit an application and release form to be approved for service.

Rides are provided for medical, dental, essential shopping and personal care appointments. Depending on driver availability, rides are generally available Monday through Friday between 8:00 a.m. and 5:00 p.m. “I enjoy meeting such nice people who are willing to give of their time, and I appreciate Rides4Neighbors,” says Chris, who uses the service every week to visit his wife in a nursing facility.

To supplement volunteer driver rides, approved riders may purchase taxi coupon booklets at a 50 percent discount.

Coupons are used like cash with Yellow Cab. This allows riders greater flexibility to schedule shopping or appointments outside volunteer driver hours. The coupon program also allows staff to schedule a taxi for a rider whose request has not been accepted by a volunteer and ensures riders don’t miss essential appointments.

A twice-weekly shopping shuttle, provided by contract with a local church, offers door-to-door service from riders’ homes to the local mall, picking them up at a designated time and place for the return trip home.

Rides4Neighbors added a wheelchair transport program for non-ambulatory riders in 2010. The transport driver can assist with door-to-door or door-throughdoor service as needed, and the van can accommodate spouses or caregivers.

Riders who have previously paid full price for wheelchair transport see this reducedrate, grant-funded service as a tremendous benefit.

A Travel Training component was developed in 2011 for adults age 60 and older who want to learn to navigate transit. A travel trainer provides instructions on how to use web-based public transportation schedules and routes. Groups of up to 12 go on weekly excursions via bus, trolley and train, accompanied by their travel trainer. To participate, seniors must purchase a two-month senior bus pass.

MuniLink is a joint project of the League, the Institute for Local Government and Western City magazine.

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FFFFFFFFFFFFFFFFFFFFFFFFF Rides are provided for medical, dental, essential shopping and personal care appointments.

Results Reflect Success

!

The Rides4Neighbors program has proven immensely popular. In its first full year of operation, Rides4Neighbors logged 1,998 one-way volunteer-driven trips. In addition: • The program provided 7,025 one-way trips in 2011, a 250 percent increase in ride activity since program inception;

“I love being part of Rides4Neighbors — my riders are the absolute greatest!” says Susan, a busy volunteer driver.

• The combined elements of the program, including taxi voucher rides, volunteer driver rides, wheelchair transport and shopping shuttle trips, logged 10,393 one-way trips in 2011; and

“Committed volunteer drivers bear the burden of this increasing demand for services,” says Mayor Art Madrid. “Recruiting and retaining volunteer drivers continues to be our biggest challenge amidst high fuel costs and slow economic recovery throughout our region.” Despite these ongoing challenges, Rides4Neighbors offers an excellent model of a long-

• Volunteer-driven miles increased 84 percent — from 24,072 in 2010 to 44,301 in 2011 — with only 10 additional drivers added.

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Take a bow Claremont.

For your performance as a sustainable city in a leading role!

Proving there are infinite ways to improve a city’s quality of life, Claremont answered a California Green Communities’ challenge to develop and carry out an action plan that would reduce their carbon footprint, save energy and build a more vibrant, sustainable community by 2013.

Congratulations, Claremont, for getting there a year early!

Claremont’s plan is helping the city realize substantial long-term savings and dynamic improvements in virtually every aspect of community life. The city is focusing its resources to make energy efficiency and water conservation improvements, convert its fleet to cleaner fuels, encourage bicycling and walking, support water-wise landscaping and local gardening, and more. Its Claremont Home Energy Retrofit Project (CHERP) is helping homeowners with older homes make energy-savings upgrades and with $32,000 in energy-efficiency incentives from Southern California Edison’s Energy Leader Partnership program, the city is saving about $60,000 annually on its own electric bill.

We applaud your success!

To learn more, log on to www.cagreencom.org California Green Communities is a registered trademark of USA Green Communities, Inc., a non-profit corporation Pictured: Top – Scripps College Performing Arts Center Bottom – Harvard Avenue in the Historic Village, Retail Building in the Village West Expansion – Claremont, CA