Legal Notes

Overview

Legal Notes

Article Legal Notes Robert Saxe

Court Rejects Challenges to Mello-Roos District in San Ramon

The decision is an important reminder for cities that the creation of Mello-Roos Community Facilities Districts may be a potential tool to supplement funds needed to provide services to new…

Article Legal Notes Hongdao Nguyen

What Cities Should Know About Public Records in Private Accounts

Local agency employees’ personal accounts and devices may be subject to the state’s Public Records Act.

Article Legal Notes Joan S. Smyth

California’s Design Immunity Defense: Why Your City Wants It and How to Get It

The defense can shield public agencies from liability.

Article Legal Notes Gage C. Dungy

Workplace Protections for Transgender Employees

State and federal laws expressly protect a person’s transgender status.

Article Legal Notes David Urban

Religion in the Public Sector Workplace

Public employers often face situations in which the religious beliefs of their employees become a major legal issue. This article explains applicable law and addresses some common scenarios.

Article Legal Notes Rick JarvisChristina Crowl

Changes Ahead for CEQA Traffic Studies: How Your City Can Prepare Now

An upcoming amendment will significantly change how local public agencies are required to analyze development projects’ traffic impacts.

Article Legal Notes Stephen A. McEwenNicholas E. Hermsen

Preserving Access While Regulating Conduct in Public Libraries

Open library access can lead to dilemmas such as situations involving patrons who bring in excessive amounts of personal belongings and use the library as a temporary shelter.

Article Legal Notes Bruce Galloway

Maximizing Revenue From City Property With Municipal Leases

A municipal lease transaction should be evaluated for various legal issues.

Article Legal Notes Karen TiedemannLynn HutchinsRafael Yaquian

What You Need to Know About AB 2 and Community Revitalization Tools

City officials seeking creative ways to finance economic development projects should take a look at the tools provided by AB 2.

Article Legal Notes Margaret Rosequist

Temporary Directional Signs Lead U.S. Supreme Court to the Strictest First Amendment Scrutiny

Following a recent U.S. Supreme Court ruling, California cities should ensure that their sign codes comply with the court’s strict approach to defining content neutrality.

Article Legal Notes Bruce A. BarsookJoshua A. Goodman

Factfinding Under AB 646: Impacts and Lessons Learned

When a city and a recognized employee organization are unable to reach agreement on matters within the scope of bargaining, an impasse occurs. In addition to any other resolution process the…

Article Legal Notes Thomas B. BrownRichard Doyle

California Supreme Court Upholds Inclusionary Housing Programs

The California Supreme Court in June 2015 issued one of its most important and city-friendly decisions in many years, reaffirming the breadth of cities’ power to address the affordable housing…

Article Legal Notes Trevor RusinAndrea Visveshwara

Home Sharing in the New Economy

Online hosting platforms make it easy to rent a home or room for short periods of time. Cities’ traditional regulatory tools allow communities to address short-term rentals and their potential…

Article Legal Notes Joan BorgerRebecca Moon

Ride Sharing in the New Economy

Cities have regulated taxis for decades for legitimate reasons related to local public safety and consumer protection. Now ride sharing services present a new set of challenges.

Article Legal Notes Barbara J. ParkerKiran Jain

The Challenges of Open Data and Privacy Issues

The recent advent of extraordinary technological advances has made it possible to provide easy access to city information and data. It has also presented an unprecedented opportunity to improve…

Article Legal Notes The League Of California Cities’ Committee On The California Public Records Act

Cost-Effective Public Records Act Compliance and Records Transparency Following Proposition 42

City policies and practices can maintain records transparency, simplify responding to disclosure requests and reduce costs even before a records request is submitted.

Article Legal Notes Stephen A. McewenLisa S. Kurihara

Addressing Health and Safety Issues Related to Public Encampments and Vehicle Habitation

In dealing with public encampments and vehicle habitation, city officials must be sensitive to the constitutional rights of the affected individuals, who are often homeless, and the many…

Article Legal Notes Michael R. CobdenTeresa L. Highsmith

The Better Part of Valor: Amending Local Sex Offender Ordinances

Few city officials or residents favor the idea of repealing an ordinance intended to protect children from sexual predators, but many cities with such ordinances are being forced to do just that as…

Article Legal Notes Christi Hogin

Sober Living Businesses in Residential Zones

This article presents the current legal constraints and considerations related to local regulation of sober living homes and residential alcohol and drug rehabilitation facilities, which is limited…

Article Legal Notes Leah Goldberg

The Gatto Act Provides Cities With New Opportunities for Environmental Cleanup

The Legislature’s elimination of redevelopment agencies in 2012 stripped cities of several important tools to address blight in the community. Meanwhile, contamination or the threat of…