Western City December Issue by Western City Magazine

DECEMBER 2013 |

The Monthly Magazine of the League of California Cities速

New Travel-Related Exceptions to Gift Rules p.9 Making City Operations More Transparent p.3 Cities May Ban Medical Marijuana Dispensaries p.13

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CONTENTS 2 Calendar of League Events 3 President’s Message

California’s Fair Political Practices Commission recently reorganized and — in some instances — relaxed the rules on when a public official may accept free or discounted travel. The changes take effect Jan.1, 2014. Anytime a public official travels at a free or discounted rate, he or she must consider how the travel rules apply. Generally, payments to an official for travel are gifts that must be reported. The new travel rules emphasize disclosure.

Making City Operations More Transparent By José Cisneros

Most residents want to know how decisions — particularly budgetrelated decisions — are made at the local level and how much a particular course of action is going to cost the city and its taxpayers. Technology offers a number of ways to do this.

City Forum

By Bill Bogaard

Accountability and Transparency in Local Government In the wake of the Bell scandal the League immediately condemned the breach of public trust and took steps to facilitate public access to critically important city government information, such as the salaries of city managers and elected officials. At the same time, the League and its local government partners assisted Bell’s residents and newly elected leaders in reforming their government and rebuilding public trust.

Everyday Ethics for Local Officials

Understanding the New Travel-Related Exceptions To California’s Gift Rules

13 Legal Notes

alifornia Supreme Court: C Cities May Ban Medical Marijuana Dispensaries

By Gregory P. Priamos and Neil D. Okazaki Over the past several years, California cities and counties have faced the issue of whether to permit or ban medical marijuana dispensaries. Many cities imposed bans or prohibited dispensary operation, while others required permits, business licenses and regulations. The California Supreme Court has affirmed that cities have the authority and the right to ban medical marijuana dispensaries within their boundaries.

14 Job Opportunities 19 Professional Services Directory

Cover Photo: Artens/Shutterstock.com

President José Cisneros Treasurer San Francisco

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

Second Vice President Katherine Miller Council Member Stockton

Immediate Past President Bill Bogaard Mayor Pasadena

Executive Director Chris McKenzie

leaguevents

Magazine Staff Editor in Chief Jude Hudson, Hudson + Associates (916) 658-8234 email: editor@westerncity.com

DECEMBER 4–5

Managing Editor Eva Spiegel (916) 658-8228 email: espiegel@cacities.org

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

Advertising Sales Manager Pam Maxwell-Blodgett (916) 658-8256 email: maxwellp@cacities.org

4–6

City Clerks’ New Law and Elections Seminar, San Diego The seminar covers laws affecting elections as well as many aspects of the clerk’s responsibilities.

Administrative Assistant Anita Lopez (916) 658-8223 email: alopez@cacities.org

JANUARY 2014

Contributors Dalea Fong Koreen Kelleher JoAnne Speers Patrick Whitnell

22 – 24

New Mayors and Council Members’ Academy, Sacramento This vitally important training prepares newly elected officials for the demands of office and introduces them to the legal constraints on city councils.

Associate Editors Jim Carnes Carol Malinowski Carolyn Walker

23 – 24

Policy Committee Meetings, Sacramento The League’s policy committees review issues of interest to cities statewide and make recommendations to the League board of directors.

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Advertising Design ImagePoint Design For photo credits, see page 15. 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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First Vice President Tony Ferrara Mayor Arroyo Grande

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Legal Advocacy Committee, Sacramento The committee reviews and recommends friend-of-the-court efforts on cases of significant statewide interest to California cities.

FEBRUARY 5–7

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

20 – 21

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

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. Follow Western City @WesternCityMag. Join us on Facebook. www.facebook.com/westerncity www.facebook.com/LeagueofCaCities www.cacities.org

President’s Message by José Cisneros

California’s city officials are always looking for ways to make city operations more transparent to the public and engage the community in the municipal decision-making process. Most residents want to know how decisions — particularly budget-related decisions — are made at the local level and how much a particular course of action is going to cost the city and its taxpayers. Technology offers a number of ways to do this. Your city’s website is a useful tool in the effort to help your community and the media understand the local decisionmaking process and the fiscal impacts of such decisions. Although posting this type of information requires staff time and resources up front, updating the information takes relatively little effort once the format is in place. Furthermore, making these facts readily available saves time and money associated with responding to queries for municipal information and Public Records Act requests. Finally — and perhaps most important of all — making city operations as transparent as possible enhances public trust and confidence.

www.westerncity.com

The Decision-Making Process Whether your city is just getting started in its online transparency effort or has been working to increase online transparency for some time, it can be helpful to look at the types of questions that residents are asking and which kinds of information are frequently sought in requests for public records. Keep in mind that the information should be presented in language that is easy to understand and incorporated into the city’s website in a way that makes it simple to find. Consider posting information on your city’s website about the municipal decisionmaking and advisory bodies — the city council as well as any task forces, boards and commissions. This information can include: • An explanation of the city’s decisionmaking process and how to participate in it;

• A brief explanation of how each advisory body fits into the decisionmaking process; • The work program for each body or equivalent (for example, the planning commission is updating a historical preservation ordinance, or the recycling and waste reduction commission is crafting a commercial recycling ordinance); • The performance measures used to assess the city’s performance in relation to its goals; • The regular meeting schedule for each body; • Any meeting rules or protocols adopted by the city; • Agendas and supporting materials for upcoming meetings;

continued Western City, December 2013

Making City Operations More Transparent, continued

• Meeting notices, agendas, documents and minutes for all upcoming and ongoing public engagement activities (translated into other languages as appropriate to the community); • An explanation of how an interested member of the public can participate in meetings; • How to apply to be on a board, commission or committee; • How to receive email notices and agendas for meetings; and

• Contact information for staff who can answer questions about any of the posted decision-making information and provide additional information. This list is adapted from the article, “Website Content for Local Agencies to Consider: A Checklist,” June 2012, Western City (online at www.westerncity.com), which provides a detailed list of items that cities and local agencies may wish to post online as part of their transparency efforts. Some cities are also making use of digital citizen service centers, which are featured on the city website as a smartphone app.

Such apps essentially provide a virtual city hall that gives residents 24/7 access to city information, departments and services. For example, the City of Pasadena’s app includes a search engine as well as a list of the most frequently requested items and a list of topics spanning city departments and services. Users can submit requests for services and view quarterly reports.

Free Materials Make It Easier to Explain Budget and Finance Helping community members understand the city’s decision-making process is a first step. A second key element of fostering transparency involves communicating how the budget process works and explaining the nuts and bolts of city finance. The good news is that California cities have access to numerous free resources that can be used to help explain the basics of municipal budgeting and finance in lay terms to community members who may not be familiar with these topics. The Institute for Local Government (ILG), the nonprofit research affiliate of the League and the California State Association of Counties, offers a variety of free materials at www.ca-ilg.org/budgeting-finance with plain-language explanations of: • Budget creation and monitoring;

For more than 30 years, our firm has partnered with California Cities and Public Agencies to resolve their legal issues and to provide trusted advice in all areas of Labor & Employment law.

• Financial reporting and accounting; • Local agency financial policies and practices; • Capital financing and debt management; • Purchasing and contracting practices; and • Long-term financial planning.

For more information, please visit: www.lcwlegal.com CalPublicAgencyLaborEmploymentBlog.com |

@LCWLegal

Los Angeles | San Francisco | Fresno | San Diego

League of California Cities

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ILG welcomes cities and local agencies to link to these materials as part of their public education and transparency efforts. In terms of your city’s specific information, consider posting these items on your website: • Current-year budget and explanatory information, including past years’ information, budget trends and the resolution adopting the current budget; • Graphs and charts describing the budget and budget trends; • Explanations of various city revenue sources, restrictions on how such revenues may be used, and revenue trends; • Comprehensive annual financial reports; • Annual audits for the past three years; • Multiple-year financial forecasts; • Treasurer’s monthly reports; • Salary and compensation information; • Contracts and purchasing information, including current contracts with consultants, legal counsel, top-earning administrators, bargaining units, lobbyists and nonprofits; • Current requests for proposals (RFPs) and requests for qualifications (RFQs); • Purchasing policies; • Information on doing business with the city; • Other spending information, including a check register or equivalent (for example, an annual list generated from accounts payable that shows who was paid and how much), and legal settlements and judgments;

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• Labor agreements, personnel rules and all nonconfidential documents controlling, prescribing or describing rules that govern pay and benefits received by local agency employees; • Financial policies, including those that address investment, credit card use, reserves, travel/expense reimbursement, petty cash, and internal controls/financial checks and balances; and • Contact information for staff who can answer questions about any of the posted financial and human resources information and provide additional information. Again, this list is adapted from the article, “Website Content for Local Agencies to Consider: A Checklist.” For a link to the comprehensive list, read the online version of this article at www.westerncity.com.

Additional Resources The League also provides a variety of tools for cities seeking to increase transparency. One useful example can be found on the League website (www.cacities.org) home page by clicking on the Resources tab and selecting the Open Government page. This page provides links to a comprehensive set of resources related to open meeting law, open records law, transparency law and much more. These resources encompass articles and checklists, as well as compensation surveys and additional material. I encourage you to take advantage of the free resources and materials offered by the League and ILG. In addition to the items mentioned here, you can find more detailed information and links by reading the online version of this article at www.westerncity.com. ■

Making city operations as transparent as possible enhances public trust and confidence.

Western City, December 2013

Accountability Transparency in Local Government by Bill Bogaard he City of Bell’s former City Manager Robert Rizzo recently pleaded no contest to more than 60 counts of public corruption. The Los Angeles Times exposed Rizzo and a handful of former appointed and elected City of Bell officials in 2010 for significant breaches of public trust, including inexcusable compensation practices and hiding information from the residents they were entrusted to serve.

Residents throughout the state were rightfully outraged — as were the League and its 467 member cities. We knew that these were the isolated acts of a few individuals and not at all reflective of the high standards of accountability and transparency that most cities strive to provide.

That’s why in the wake of the Bell scandal the League condemned the breach of public trust and took steps to facilitate public access to important city government information, such as the salaries of city managers and elected officials. In addition, the League worked to provide all California cities with the tools, guidelines and resources to become even more open and responsive to their residents. At the same time, the League and its local government partners assisted Bell’s residents and newly elected leaders in reforming their government and rebuilding public trust. Our goal is to help inform the public about the resources available to them and reinforce California cities’ commitment to be open, transparent and accountable to the residents

Bell residents celebrate the opening of the La Campana bus route with a street fair and live entertainment.

we serve. Some of the tools available for cities and the general public include: • Local government employee compensation database. While conducting its own survey of city manager salaries that it subsequently published, the League also worked with the state controller to develop an online statewide database that discloses all local government employee salaries and benefits, including those of thousands of cities, counties, special districts, school districts and others at http://publicpay.ca.gov. • “Open Government” website for local governments, media and residents. The League website offers a page (www.cacities.org/opengovernment) that provides vital information on local government transparency and accountability. In addition to the public employee compensation information, this portal includes information on open meeting laws (the Brown Act), open records laws (the Public Records Act), transparency laws and resources for local government officials and staff, the media and residents. • City manager salary guidelines. The League developed and published City Manager Compensation Guidelines, which combines best practices with an overview of the provisions of state law. The guidelines are a tool for city councils to ensure that compensation is fair and reasonable

Bill Bogaard is mayor of the City of Pasadena and immediate past president of the League. He can be reached at bbogaard@cityofpasadena.net.

League of California Cities

www.cacities.org

Bell’s Mayor Pro Tem Ana Maria Quintana, Mayor Violeta Alvarez, Council Member Nestor Enrique Valencia, Council Member Ali Saleh and Council Member Alicia Romero prepare to cut the ribbon at the opening ceremonies for La Campana, the city’s first-ever fixed-route bus service. left to right

and within the range of comparable positions elsewhere in the community and state. The guidelines can be found at www.cacities.org/opengovernment. • Ethics training for local officials. The League and the nonprofit Institute for Local Government (ILG) provide frequent ethics training, guidance and resources related to public service ethics and transparency for local officials. ILG and city officials from throughout California also banded together in the wake of the Bell scandal to help the city’s residents reclaim their city government, understand its budget and reform its organizational structure. A series of public workshops and community hearings was conducted in which expertise was provided on the fundamental principles of local government (meeting procedures and so forth) and other basic information essential to effective governance. Moreover, a bilingual community forum was held in which the new Bell City Council engaged the community in setting the city’s 2012–13 budget.

The City of Bell has made great strides in the past two years. Its residents elected an entirely new city council that is more diverse and reflective of the community. The city council and staff have restored structural balance to the city budget, which had been severely undermined by poor fiscal management. Three independent audits of city spending were conducted in the past year alone. The city’s debt has been cut in half. The city’s website was completely revised and now includes all city employee and elected officials’ salary information, the city’s checkbook and budgets, all contracts and other municipal information. The Sunshine Review, a nonprofit organization that analyzes

The events in the former Bell city government provided a dramatic reminder of the need for both ethical management and active citizen involvement in government. The League and ILG continue to help cities respond to this need by developing tools and resources to assist local officials in ensuring maximum transparency and accountability. For additional information and links to related resources, read the online version of this article at www.westerncity.com. ■

Health Care Reform Solutions Keenan’s Health Care Reform Consulting Services help you understand the Affordable Care Act’s (ACA) potential impact on your health care benefit plan. • Analysis of your plan and employee workforce • Prioritizing next steps in alignment with your objectives • Creating a recommended action plan • Evaluating and modeling plan design and contribution strategies • Developing employee wellness and condition management approaches • Identifying cost-savings alternatives to Covered California, including PACE, a unique Joint Powers Authority medical benefits program for public agencies

In the wake of the Bell scandal the League took steps to facilitate public access to important city government information.

For more information about our Health Care Reform Consulting Services, please contact Steve Gedestad, sgedestad@keenan.com.

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state and local government transparency, gave Bell a Sunny Award in 2013. These awards honor the most transparent government websites in the nation.

Innovative Solutions. Enduring Principles.

www.keenan.com

Western City, December 2013

Everyday Ethics for Local Officials

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 related to public service ethics. Officials are encouraged to consult an attorney or the Fair Political Practices Commission for advice on specific situations.

League of California Cities

www.cacities.org

Understanding the

New Travel-Related Exceptions to California’s Gift Rules

Question I heard that California’s Fair Political Practices Commission (FPPC) recently made changes to the rules related to receiving free or discounted travel. What do I need to know about these changes? Part of the reason for asking is that a trade association has invited me to speak on one of my policy initiatives at its yearly conference. The association has offered to pay for my airfare and hotel costs. I also won’t be paying for admission to the conference. In addition, our agency has asked one of my fellow elected officials to travel to another part of the state to view a new state-of-the-art recycling facility. The developer of this facility has offered to pay the agency to send someone to tour the facility, and our community is considering contracting to build a similar facility.

Answer Yes, the FPPC reorganized and — in some instances — relaxed the rules on when a public official may accept free or discounted travel. The changes take effect Jan.1, 2014. The travel rules are part of a larger body of rules related to gifts. For more information about the gift rules in general, see the Gift Resource Center section on the Institute for Local Government website (www.ca-ilg.org/GiftCenter). The center suggests that local officials ask a series of questions to assist them in seeking advice on how the gift rules might apply with respect to a certain gesture (see “Compliance Strategy: Questions for Public Officials to Ask About Nice Gestures” at right). continued

This column is a service of the Institute for Local Government (ILG), whose mission is to promote good government at the local level with practical, impartial and easy-to-use resources for California communities. ILG gratefully acknowledges the generous financial support of Meyers Nave for production of the “Everyday Ethics” column. For more information and to access ILG’s resources on public service ethics, visit www.ca-ilg.org/trust. www.westerncity.com

Compliance Strategy: Questions For Public Officials to Ask About Nice Gestures Made by Others In the Context of Conducting Agency Business One way to analyze one’s likely obligations as a public official under California’s gift rules is to ask: 1. What’s the value of what I received? 2. Who gave me what I received? 3. Did I do something in exchange for what I received? 4. What kind of gift is it and do special rules apply as a result? 5. Which of the permitted courses of action do I want to take with respect to the gift? To learn more, read the online version of this article at www.westerncity.com.

Western City, December 2013

Understanding the New Travel-Related Exceptions to California’s Gift Rules, continued

The California Constitution forbids public officials from receiving free or discounted travel from a transportation company. This prohibition applies to any kind of travel.

General Rule Travel payments fall into the “special rules” area of the gift rules (see question 4 in the “Compliance Strategy” sidebar on page 9). Anytime a public official travels at a free or discounted rate, he or she must consider how the travel rules apply. Payments for travel include transportation, lodging, meals and other expenses associated with being on the road. Generally, payments to an official for travel are gifts that must be reported on his or her Statement of Economic Interests and are subject to the annual

League of California Cities

gift limit. (For 2013–14 the annual gift limit is $440.) Receiving such a payment may result in disqualification from participating in a public agency decision involving the payer.

Payments for Travel That Are Not Gifts (Thus Not Reportable Or Subject to Limits) Some forms of travel are not considered gifts. Transportation Provided to an Official in a Vehicle Owned by Another Official Traveling to the Same Event. The travel

regulations now contain a specific exemption for ride sharing among public agency officials. Ride sharing does not constitute a gift when the officials are going to the same event as representatives from their respective offices. According to the FPPC, this issue has come up when the ride was in a private airplane owned by one of the officials. Prior to this exception, accepting such a flight would constitute a gift over the gift limit. Such travel is no longer a gift subject to gift reporting and limits.

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Looking for Footnotes? To qualify under this exception to the gift rules, the payment must: • Be used for official agency business, with the agency deciding who will do the traveling; • Be made directly to the government agency or by making arrangements with the government agency to make payments directly to the transportation or lodging providers; • Provide no personal benefit to the individual who uses the payment; and • Be reported publicly by the agency. When does travel qualify as use for official agency business? When, for example, the travel is to: • Perform regulatory inspections; • Provide training or educational information directly related to the duties of the agency;

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

Payments Made in Conjunction With Official Agency Business. Many of the changes in the travel regulations relate to situations in which someone provides resources to an agency to enable someone else to travel for a purpose that benefits the agency. The theory is these payments are for an official agency purpose and are in lieu of using agency funds. As such, the payment does not confer a personal benefit on the traveling official and is more akin to a gift to a public agency.

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

and posted on the local agency website or on the FPPC website if the agency doesn’t have one. A local jurisdiction may require additional filings for agencies within its jurisdiction. Note that until Jan.1, 2014, your colleague (described in the question at the beginning of the article) as an elected official, would be prohibited from receiving payment from an outside source for travel. The updated regulations allow for such use if the transportation, lodging and food are directly related to the official’s public duties and meet other specified requirements.

• Receive training directly related to an official’s duties; or

Changes to the Strict Per Diem Rule

• View an operation, structure or facility to help make a decision whether to enter into a contract regarding a similar operation.

Until Jan.1, 2014, officials may accept payments only for travel consistent with the per diem limits established by their local agency. Payments in excess of those limits are reportable gifts to the official.

The travel can be no longer than necessary to accomplish the official business purpose. The payment of your colleague’s travel to tour the new recycling facility likely falls into this category. Because the payment was made to the agency and the agency asked your colleague to make the trip, this payment for travel is not considered a gift (as long as, of course, the travel is no longer than necessary). The community has a right to know about such payments, however. As a result, your agency will need to disclose the payment on a Form 801(available at www.fppc. ca.gov/forms/801.pdf). This form must be maintained as a public record. Additionally, if an agency receives $2,500 or more in payments for travel within a calendar quarter, a copy of the report or a summary must be filed with the FPPC

The commission recognized that this strict per diem payment rule does not work in every situation. An example is when a conference is at a hotel where the rates are higher than the agency’s limits. The changes to the regulations address this by allowing the agency to pay for lodging or food at a widely attended meeting or conference, if the value is substantially equivalent in value to what is made available to other attendees. If so, the excess is not considered a gift to the person traveling. An agency would, of course, need to follow its own procedures to approve travel that exceeds its local dollar limits.

continued

Western City, December 2013

Understanding the New Travel-Related Exceptions to California’s Gift Rules, continued

Travel in Connection With A Presentation

the annual gift limit ($440 in 2013–14) includes travel that is:

Some forms of travel must be reported but are not subject to the annual gift limit ($440 in 2013–14). Travel in conjunction with making a presentation falls into this category as long as the travel is:

• Provided by a public agency, educational institution or charitable organization (as defined by law); and

• Reasonably related to a legislative or governmental purpose or to an issue of state, national or international public policy; • Limited to the day of the presentation, the day before and the day after; and • In the United States. Prior to the Jan.1, 2014 regulatory changes, the recipient would need to determine whether this payment was a gift or income, depending on whether he or she provided services that were equal or greater in value than the payment received. Effective Jan.1, 2014, these payments for travel are all considered gifts and must be reported as such on a recipient’s Statement of Economic Interest. To answer your question on page 9, it looks like the trade association’s offer to pay for your travel and lodging to speak at their conference would fall into this category. Thus its value is not subject to the annual gift limit (currently $440). What about the conference admission fee? When you give a speech, participate on a panel or make a formal presentation, you may accept free admission to the event from the conference organizer; you do not have to report the admission as either a gift or income. Similarly, food and “nominal items” provided as part of the conference registration are neither gifts nor income. Nominal items include small value items like pens, notepads and other advertising items. They do not include a round of golf.

Travel Paid for by a Public, Charitable or Educational Organization Another form of travel that must be reported as a gift but is not subject to

League of California Cities

• Reasonably related to a legislative or governmental purpose or to an issue of state, national or international public policy. These payments for travel must be reported on a recipient’s Statement of Economic Interest.

Conclusion The goal underlying California’s gift rules — including the rules about gifts of travel — 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. As always, however, the rules represent minimum standards for local officials’ actions. The first steps of any analysis are to: • Satisfy oneself that accepting a certain form of travel is legally allowed; and • Determine what one (or one’s agency) needs to do about reporting receipt of such travel. The next step is to consider whether accepting the travel is a wise thing to do, including what the public’s perception might be. The relaxation of the travel rules makes this step all the more important. The new travel rules emphasize disclosure of travel payments. Such disclosure invites the public and the media to judge whether an official will in fact be influenced by having his or her travel paid for by others, as well as whether the agency and its officials are maintaining an arm’s-length relationship with those who either do business with the agency or need approvals from the agency. Regarding such judgments, public officials will want to be on the right side of both their own standards and those of the public. ■

Reminder: Some Forms of Travel Are Banned Altogether The California Constitution forbids public officials from receiving free or discounted travel from a transportation company. This prohibition applies to any kind of travel — personal, business or on behalf of one’s public agency — to any location, near or far. The rule applies both to elected and appointed public officers but not to employees. The penalty for accepting free transportation from transportation carriers is severe: forfeiture of office. There are some exceptions to this rule when the free or discounted travel is available to the general public, such as frequent flyer programs, when the discounted or free travel is unrelated to the person’s status as a public official.

Business and Campaign Travel Regulations Unchanged The state regulations remain largely unchanged regarding travel in connection with a bona fide business and travel in connection with campaign activities. However, the items related to business and campaign travel have been renumbered and reorganized within the regulations.

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CALIFORNIA SUPREME COURT:

Cities May Ban Medical Marijuana Dispensaries by Gregory P. Priamos and Neil D. Okazaki Over the past several years, California cities and counties have faced the issue of whether to permit or ban medical marijuana dispensaries that opened throughout the state. Many cities imposed bans or prohibited dispensary operation, while some cities required permits, business licenses and regulations. Local bans on dispensaries were fiercely contested by those supporting the proliferation of storefront retail-style dispensaries. In response many cities, exercising their local land-use authority and police powers, brought nuisance abatement actions to enforce their bans. The decision of the California Supreme Court earlier this year in City of Riverside v. Inland Empire Patients Health and Wellness Center (referred to as Inland Empire Patients) affirmed that cities have the authority and the right to ban medical marijuana dispensaries within their boundaries.

BACKGROUND In 1996, California voters approved the Compassionate Use Act (CUA), which decriminalized marijuana use for medical purposes. The passage of the Medical Marijuana Program Act (MMP) in 2003 clarified the specifics of implementing the CUA — which include issuing identification cards for qualified patients

and allowing patients and their primary caregivers to collectively or cooperatively cultivate medical marijuana. Neither law regulates or restricts local zoning requirements for medical marijuana dispensaries. However, the California Supreme Court had never ruled on whether the state laws pre-empted a local ordinance banning medical marijuana dispensaries,

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.

leading some to believe that uncertainty remained — even though case law strongly suggested that permanent prohibition was permitted, and federal law continued to categorize marijuana as a controlled substance. continued on page 16

Gregory P. Priamos is city attorney for the City of Riverside and president of the League’s City Attorneys’ Department. He can be reached at gpriamos@ riversideca.gov. Neil D. Okazaki is a deputy city attorney in the Riverside City Attorney’s Office and can be reached at nokazaki@riversideca.gov.

www.westerncity.com

Western City, December 2013

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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) 262-1801 to place a display (boxed) ad or for rate and deadline information, or email admanager@westerncity.com. Website Job Postings Display ads are posted on our website at no additional charge. But if you miss the deadline for getting your job opportunity ad into the magazine, you can post it on the Western City website right away. To post your job opportunity ad on our automated website, visit www.westerncity.com or contact Anita Lopez, administrative assistant; email: alopez@cacities.org; phone: (916) 658-8223.

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The City of Mendota is pleased to announce it is recruiting for the position of Public Utilities Director. Minimum Qualifications: » 3-5 years supervisory experience and licenses in water and wastewater treatment plant and water distribution management. Desirable Qualifications: » Knowledge and experience in water and wastewater treatment and water distribution. » Ability to provide leadership of the department with a clear focus on the duties and responsibilities of a public utility providing both water and wastewater treatment. » Excellent oral and written communication skills. Contact Charles Johnson, (559) 6553291, for application.

League of California Cities

www.bobmurrayassoc.com

Watch for these Upcoming Opportunities: • City of Oxnard, California – City Manager • City of Vacaville, CA – Police Chief • City of Vallejo, CA: Deputy Water Superintendent • City of Vallejo, CA: Assistant Water Superintendent • City of Peoria, AZ: Business and Real Estate Development 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

www.cacities.org

Economic Development Manager City of Alameda, CA

The unique island community of Alameda provides an outstanding quality of life to its approximately 75,000 residents, including excellent schools; architecturally and historically rich small-town charm; and full range of municipal services. With the recent transfer of Navy Base property to the city, Alameda is at an exciting crossroad for future development. Reporting to the Community Development Director, the Economic Development Manager will work closely with the City Manager and Project Manager on the disposition strategy and revitalization of Alameda Point as well as city-wide business retention, expansion, and attraction. The city is seeking a dynamic, creative, and flexible self-starter who brings economic development or real estate development experience as well as a Bachelor’s degree in business/public administration, urban or regional planning, real estate development or economics; Master’s degree is desirable. Salary range is $113,152 - $137,566 (36 hour/4-day work week).

Please send your cover letter and resume electronically to:

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: December 30, 2013.

The City of San Mateo is a scenic and dynamic San Francisco Peninsula community of over 99,000 residents ideally located with San Francisco to the north, San Jose to the South, Half Moon Bay to the west and the East Bay to the east. San Mateo is a diverse and vibrant regional hub that boasts a very high quality of life marked by its great neighborhoods and schools and outstanding libraries and parks. Downtown San Mateo offers a variety of exciting opportunities for shopping, dining and entertainment. The successful candidate will possess the ability to quickly grasp and embrace the values of San Mateo and be comfortable working in a fast-paced and sophisticated organization that is accustomed to high quality service and a tradition of civic engagement. He or she will possess a BA/BS (preferably a Master’s degree) and considerable experience as a City Manager, Assistant, Deputy or executive in a comparable agency. Salary is open, DOQ with an excellent beneﬁt package.

William Avery & Associates Management Consultants 31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030 408.399.4424 Fax: 408.399.4423 email: jobs@averyassoc.net www.averyassoc.net

For further information contact Bill Avery at 408-399-4424 or Ann Slate at 805-459-5132. To apply, submit your letter of interest, resume, current salary and a list of ﬁve work-related references (email preferred) to Avery Associates by January 24, 2014. A formal job announcement is available at http://www.averyassoc.net/jobs.

Photo/art credits Cover: Artens/Shutterstock.com

Page 10: Gyn9037/Shutterstock.com

Page 3: Yvonne Hunter

Page 12: Peshkova/Shutterstock.com

Pages 6 & 7: Courtesy City of Bell

Page 13: Gordon Swanson/ Shutterstock.com

Page 9: top, Artens/Shutterstock.com; right, Jordache/Shutterstock.com

www.westerncity.com

City Attorney Salary $12,887 to $15,822/mo. +Excellent benefit package The City of Huntington Park is located southeast of downtown Los Angeles, with a population of 58,673. The City is seeking a City Attorney with a broad range of municipal government experience.

CITY OF SAN MATEO

CITY MANAGER

CITY OF HUNTINGTON PARK

Page 18: Littleny/Shutterstock.com

The City Attorney serves as legal advisor and counsel for the City Council, City Manager, City departments, its boards, committees and commissions; and is responsible for the conduct of all legal functions and activities of the City. Performs a variety of complex administrative level, technical and professional work in prosecuting crimes, conducting civil lawsuits, drafting legal documents, advising city officials of legal rights, obligations, practices and other phases of applicable local, state, and federal law; and performs related duties as required. Qualified candidates will possess at least five years experience in the practice of municipal law or other governmental law including trial experience, and two years experience in a supervisory capacity. Licensed to practice law in CA required. Open Until Filled. To request an application packet please contact: CITY OF HUNTINGTON PARK Human Resources Division 6550 Miles Ave., Huntington Park, CA 90255 M-TH 7 a.m.- 5:30 p.m.

(323) 584-6227 mcastillo@huntingtonpark.org or obtain materials via our website at: www.huntingtonpark.org EOE

Western City, December 2013

California Supreme Court: Cities May Ban Medical Marijuana Dispensaries, continued from page 13

Some cities may want to permit and regulate medical marijuana dispensaries within their boundaries. The ability to do so, however, remains an open legal question. J

Finance Director City of Sonoma, CA

Located in the heart of one of the world’s premier wineproducing regions, the beautiful community of Sonoma offers its 10,648 residents and numerous visitors shopping in the historic square, wine tasting, spas, hiking, as well as a vibrant restaurant scene. The city has a staff of 33 FTE’s and budget of $14.1 million. Reporting to the City Manager and serving on the Executive Team, the Finance Director is supported by 2 staff (1 FTE/1 PTE) and oversees all financial operations of the city, including investments. The city is seeking a proven, hands-on manager with the ability to assess financial operations and identify efficiencies for increased customer service. A Bachelor’s degree in accounting, finance, public/business administration is required or the equivalent of at least five years’ local government and supervisory experience combined with education. Salary range is $96,852 - $117,720 annually plus competitive benefits.

Please send your cover letter and resume electronically to:

CITY OF EL CAJON (SAN DIEGO COUNTY)

Director of Finance/ City Treasurer Deadline: 5:00 pm on Tuesday, December 17, 2013 $129,729 - $158,059/year DOQ (includes 5% incentive for a CPA or Master’s Degree) Plus Competitive Benefits Package, including 3%@60 for PERS “Classic” members Located 15 miles from San Diego, El Cajon is full service city with 449 full-time budgeted positions, more than 100,000 residents, a General Fund budget of $58.6 million and an overall budget of $147.7 million. The City seeks a Director of Finance/City Treasurer to manage the City’s fiscal activities including preparation and administration of the budget, financial planning, accounting operations, financial reporting, cash management, revenue/collections, business licenses, and procurement. Requires extensive, progressively responsible administrative and supervisory experience in management, preferably involving a centralized municipal government finance system, and education equivalent to graduation from a four-year college with a major in Public or Business Administration or a related field. Candidate must be bondable and will be required to undergo a credit check prior to employment.

SUPREME COURT DECISION IN INLAND EMPIRE PATIENTS The City of Riverside’s zoning code: • Prohibits the operation of a medical marijuana dispensary; • Designates a dispensary as a public nuisance; and • Prohibits any use that constitutes a violation of state or federal law. The city brought an action seeking to close the Inland Empire Patients dispensary, but the defendants asserted that the CUA and the MMP pre-empted the city from enacting and enforcing its complete ban on dispensaries. The trial court found no state law preemption and granted the city’s request for a preliminary injunction to close the dispensary. The Fourth District Court of Appeal upheld the injunction, and the defendants sought review by the California Supreme Court. In a significant legal victory for California cities, the Supreme Court unanimously ruled on May 6, 2013, that local governments have the power to ban medical marijuana dispensaries. The court concluded that the CUA and MMP do not “expressly or impliedly pre-empt the authority of California cities and counties, under their traditional land-use and police powers, to allow, restrict, limit, or entirely exclude facilities that distribute medical marijuana, and to enforce such policies by nuisance actions.” The court clearly asserted that state medical marijuana laws do not restrict Riverside’s ban or any similar city ban, stating that the scope of the laws is limited and circumscribed: “Nothing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land, including the authority to provide that facilities for the distribution of medical marijuana will not be permitted to operate within its borders.”

For more detailed information, visit www.cityofelcajon.us or call (619) 441-1736.

League of California Cities

www.cacities.org

A WIN FOR CITIES At the time of the Inland Empire Patients ruling, approximately 200 California cities had banned medical marijuana dispensaries. The ruling upheld those bans and provides the framework for other cities to adopt similar bans should they so choose.

REMAINING MEDICAL MARIJUANA ISSUES Even though the Supreme Court’s decision in Inland Empire Patients settles the question of whether cities may implement bans on medical marijuana dispensaries, several related issues loom on the horizon, including mobile delivery, future changes in state law, local regulation and the federal government’s role. Mobile Delivery. The closure of storefront dispensaries may lead to an increase in mobile medical marijuana operations. Operators of mobile delivery services argue that such operations do not fall under city zoning ordinances because mobile operations do not involve the use of land. Mobile dispensaries, however, remain a target or magnet for crime, including shootings and robberies. Many cities have followed Riverside’s lead in also banning mobile dispensary operations. It is our view that a city’s constitutional police powers that authorize dispensary bans also provide the authority for cities to ban mobile operations as a peace, health and safety measure — especially in light of the Inland Empire Patients ruling. Future Changes in State Law. The Supreme Court also noted in Inland Empire Patients that “nothing prevents future efforts by the Legislature, or by the People, to adopt a different approach.” Several legislative efforts in 2013 sought to expressly allow medical marijuana dispensary operation, although no such measures ultimately passed. More legislative proposals are expected next year. Furthermore, new state and local legalization initiatives are anticipated. One proposed 2014 statewide initiative aims to legalize forms of “cannabis hemp products,” specifically those categorized as industrial, medicinal, nutritional and euphoric products. Funding, however, may remain

www.westerncity.com

a challenge as it did in 2012 when five proposed initiatives caused fragmentation within the legalization movement that made it difficult to acquire funding.

in the City of Los Angeles. That local measure imposes a city sales tax on medical marijuana purchases and restricts the number of permitted medical marijuana dispensaries to the original 135 approved in the city before 2007. Voters in the

At the local level, voter initiatives are also expected, given the success of the Measure D initiative that voters adopted J

continued

E S

CITY OF SOUTH SAN FRANCISCO South San Francisco is ideally situated on the San Francisco Peninsula in San Mateo County and adjoins the San Francisco Bay just east of the City. Residents enjoy beautiful views of the water and a true sense of identification with the Bay along with impressive views of Sign Hill and San Bruno Mountain. The City is considered the “Birthplace of Biotechnology” and is home to over 2,800 firms and businesses. South San Francisco offers a high quality of life to its residents with attractive residential areas, well-kept parks, and a beautiful marina and bay trail. The City Manager will join an organization that is characterized by political stability, longevity of its employees, transparency and a cohesive and fiscally conservative culture resulting in a progressive working environment and high levels of mutual respect among the City Council and the City operation. The new manager is expected to offer fresh new perspectives, creative approaches and progressive management solutions to the workplace. Experience at the executive level of a local government organization and a BA/BS degree from an accredited university in public/business administration or a closely related field is required. The salary is dependent on the qualifications of the selected candidate.

CITY MANAGER

William Avery & Associates Management Consultants 31/2 N. Santa Cruz Ave., Suite A Los Gatos, CA 95030 408.399.4424 Fax: 408.399.4423 email: jobs@averyassoc.net www.averyassoc.net

To be considered, submit your letter of interest, resume, current salary and a list of ﬁve work-related references (email preferred) to Paul Kimura by December 20, 2013. A formal job announcement is available at http://www.averyassoc.net/jobs.

City of Santa Maria

Assistant City Attorney Salary $107,161-$130,254 Santa Maria, located in Northern Santa Barbara County on California’s central coast, is accepting applications for ASSISTANT CITY ATTORNEY. The successful applicant will work in collegial environment within a well-managed, financially stable organization in a diverse and growing community of over 100,000. Incumbents serve at-will and work independently under the City Attorney’s direction. They advise and support City departments, elected and appointed officials. They serve as managers and may be assigned to serve as a division head. In the City Attorney’s absence, they advise the City Council and make decisions for the City Attorney’s department. Minimum qualifications: Graduation from an accredited law school; license to practice law in good standing in California; and six years of increasingly responsible experience in municipal or public-entity law. Significant experience in personnel matters, code enforcement and litigation is desirable. Visit the City’s website at www. cityofsantamaria.org for full job requirements and an on-line application.

Western City, December 2013

California Supreme Court: Cities May Ban Medical Marijuana Dispensaries, continued

Local Regulation. Some cities may want to permit and regulate medical marijuana dispensaries within their boundaries. The ability to do so, however, remains an open legal question. The Supreme Court did not expressly address in Inland Empire Patients the extent to which such permitting schemes would be pre-empted by

City of Santa Ana will decide in June 2014 whether to remove the city’s ban on dispensaries and instead implement a dispensary registration process, business tax requirements and zoning restrictions. Local initiatives in other cities may follow, allowing some level of permitted dispensary operation. J

New & upcoming opportunities . . .

City Manager City of Poway

City Librarian

City of Santa Clara

Director of Planning, Building & Environmental Services County of Napa

Teri Black • 310.377.2612 Carolyn Seeley • 949.487.7606

federal law, which prohibits marijuana possession and distribution, or California Government Code Section 37100, which states that cities “may pass ordinances not in conflict with the Constitution and laws of the state or the United States.” The Role of the Federal Government. In October 2011, the four U.S. attorneys in California introduced stringent enforcement programs against medical marijuana dispensaries. The effort included sending letters to property owners who rent to dispensaries, advising of potential prosecution and asset forfeiture proceedings. The program was successful where it was implemented. Nearly two years later, in August 2013, the U.S. Justice Department issued a memorandum announcing

The closure of storefront dispensaries may lead to an increase in mobile medical marijuana operations.

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www.cacities.org/munilink MuniLink is a joint project of the League, the Institute for Local Government and Western City magazine.

League of California Cities

A dispensary in Venice Beach actively markets its wares.

www.cacities.org

that it would not prioritize marijuana enforcement against businesses that were following state law and adhering to certain criteria. The memorandum makes clear that marijuana remains an illegal drug under federal law and identifies certain enforcement areas that federal prosecutors should prioritize. It is too early to assess the implications of the memorandum for medical marijuana dispensaries, and as this article goes to press it is unclear whether it will alter the efforts of the U.S. attorneys in California.

www.bobmurrayassoc.com

west coast headquarters 1677 Eureka Road, Suite 202 Roseville, CA 95661 phone 916•784•9080

east coast 2910 Kerry Forest Parkway D4-242 Tallahassee, FL 32309 phone 850•391•0000

www.westerncity.com

E S

Phoenix is Arizona’s capital and the sixth largest city in the United States, with more than 1.4 million residents. The City has been recognized for its management sophistication and community involvement efforts by many national awards, including the coveted All-American City Award that Phoenix won for the fifth time in 2009. Phoenix is now seeking a City Manager to oversee the City’s $3.5 billion, zero-based budget and 14,000+ full-time employees. A strong candidate will have prior experience as a City Manager or Assistant City Manager in a city of similar complexity to Phoenix or other significant, applicable public sector experience. Candidates must possess a Bachelor’s Degree in Public Administration, Business Administration, or a related field; a master’s degree is preferred. The salary range for the City Manager is competitive and open, depending upon qualifications. The City of Phoenix also offers an attractive benefits package. If you are interested in this outstanding opportunity, please apply online at www.bobmurrayassoc.com. Please contact Bob Murray or Fred Freeman at (916) 784-9080 should you have any questions. Brochure available. Closing date December 20, 2013.

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

City Manager, City of Phoenix, AZ

Looking for Footnotes?

The City of Mendota is pleased to announce it is recruiting for the position of City Manager. Minimum Qualifications: » Bachelors Degree in Public Administration or a related field. » Minimum of 2 years Public Sector supervisorial or management experience. Desirable Qualifications: » Knowledge of and background in finance, personnel, risk management, planning, public works, and public safety. » Demonstrated ability to work with diverse cultural and ethnic groups. Bi-lingual ability (English and Spanish) desirable. Application brochure, application and supplemental questions may be obtained at City of Mendota, 643 Quince St. Mendota, CA 93640, and (559) 655-3291.

The Inland Empire Patients case brought by the City of Riverside represents a substantial victory for California cities in 2013. The decision ultimately preserves local land-use control and authority in an important area of law and reaffirms cities’ broad constitutional police powers. However, medical marijuana will continue to be a closely watched issue in California in 2014 as legislative measures, state and local initiatives, mobile operation issues and federal enforcement efforts continue to unfold. ■

MENDOTA CITY MANAGER

CONCLUSION

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

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Western City, December 2013

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Western City, December 2013

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