William P. Curley III is a Partner in Lozano Smith's Los Angeles and Mission Viejo offices. He is the Southern California co-chair of the Local Government practice group and the Water Rights and Regulation specialty practice group chair. With 30 years representing public agencies with a focus on cities, city entities (redevelopment agencies, housing authorities, finance authorities, library districts, etc.) and special districts, he has built a body of experience that greatly benefits his clients. His experience allows for prompt, efficient and cost sensitive service to the Firm's clients. Mr. Curley's expertise is focused in several interrelated practice areas: public agency, governance and ethics (elected officials and senior staff), land-use, elections (CVRA), housing, vector control, water law and new economic development/Redevelopment 2.0 opportunities.
Mr. Curley has assisted a client in becoming the only city in Califiornia to adopt cumulative voting, rather than districts, to respond to the California Voting Rights Act. He serves as city attorney, general counsel and special counsel to dozen entities on a statewide basis. His practice includes general counsel and advisory administrative advice, general municipal representation, ethics and official conduct, land use advice, code enforcement, the negotiation and drafting of development agreements for large scale residential, commercial and industrial developments, the review and/or preparation of all types of California Environmental Quality Act and National Environmental Policy Act documents, involvement in all aspects of economic development activity, rates and the implementation of the dynamically changing body of water laws.
Mr. Curley has served as both in-house and private firm municipal legal counsel. He regularly advises public clients as permanent legal counsel and special counsel. Prior to his legal career, Mr. Curley served as a municipal, in-house city planner. His in-house, public agency background allows him to have a comprehensive understanding of the issues confronting public officials and agencies, including a practical understanding of the objectives of elected officials, staff and their communities and the legal issues involved in public agency decision-making.
He is a regular speaker at public agency associations’ annual events. He serves on numerous League of California Cities committees and as President and other leadership positions in the State Bar and county league associations.
Mr. Curley received a Bachelor of Science (cum laude) from California State Polytechnic University, Pomona, where he majored in geography and anthropology. He earned his Juris Doctor (cum laude) degree from Western State University, Fullerton, distinguishing himself by winning several awards and honors.
In anticipation of the wave of next-generation cellular technology, the Federal Communications Commission (FCC) adopted a Declaratory Ruling and Third Report and Order significantly preempting state and local control over the use of public rights of way for the deployment of "small wireless facilities" (i.e., micro cellular antennas and equipment). The preemption order was published in the Federal Register on October 15, 2018, and will become effective on January 1...
On September 26, Governor Jerry Brown signed a package of bills designed to enhance state regulation of licensed alcohol and drug abuse recovery or treatment facilities (RTFs). Governor Brown also signed Senate Bill (SB) 1109, which aims to better inform the public of the risks associated with the use of opioids. These bills take effect January 1, 2019 unless otherwise noted.
Senate Bill (SB) 992: Disclosure of Business Relationships; Developing Plans to Address ...
A California appellate court has ruled that a public agency is not entitled to seek reimbursement from the state for the cost of implementing mandated programs if the agency has existing statutory authority to impose or raise fees, even if the attempt to impose or raise fees is prevented by a successful Proposition 218 majority protest.
In Paradise Irrigation District v. Commission on State Mandates, decided on October 1, the Court of Appeals held that the Propos...
A California appellate court has ruled that development agreements may not be approved through voter initiatives. Development agreements are contracts between a local agency and a property owner or developer.
In Center for Community Action and Environmental Justice v. City of Moreno Valley et al., the California Court of Appeal for the Fourth Appellate District held that it was the Legislature's intent to exclusively delegate approval of development agreements to...
The Ninth Circuit Court of Appeals has upheld a federal district court ruling that school-sponsored prayer, Bible readings and proselytizing at school board meetings are unconstitutional. In Freedom from Religion Foundation v. Chino Valley Unified School District Board of Education, the Ninth Circuit upheld an injunction against a school board's policy and practice of allowing school-sponsored religious exercise during board meetings.
This decision distinguishes p...
Facing one of the tightest housing markets in California history, state lawmakers have approved an extensive package of bills intended to maintain existing housing stocks and boost new housing construction. These bills become effective on January 1, 2018.
This legislative package will provide funding to stimulate housing production and will eliminate procedural hurdles to getting housing built. Alternatively, though, the bills also require more detailed justific...
On October 5, 2017, California Governor Jerry Brown signed Senate Bill (SB) 54, known as the California Values Act, which sharply limits how state and local law enforcement authorities cooperate and coordinate with federal immigration officials. SB 54 seeks to protect the estimated 2.3 million undocumented immigrants in California in the face of the Trump Administration's calls for deportation.
Limits on Local Enforcement
Effective January 1, 2018, this new "...
The Federal Aviation Administration (FAA) may no longer require the registration of model aircraft, following the D.C. Circuit's decision in Huerta v. Taylor.
Model aircraft, commonly known as drones, are unmanned aircraft that weigh 55 pounds or less and are used exclusively for recreational purposes. Small unmanned aircraft used for any commercial purposes, or unmanned aircraft heavier than 55 pounds, are not impacted.
The Huerta case challenged a rule pro...
Two decisions in the last three months have increased the potential for a public entity to be held liable for an injury suffered on one of its recreational trails. Appellate courts deciding Garcia v. American Golf Corporation (May 3, 2017, No. B267613) ___ Cal.App.5th ___ and Toeppe v. City of San Diego (July 27, 2017, No. D069662) ___ Cal.App.5th ___ held that a public entity cannot assert recreational trail immunity when an adjacent hazardous condition of the publi...
U.S. Attorney General Jeff Sessions provided clarity on which federal funding would be subject to a withholding for implementing "sanctuary" policies that direct employees to refuse to communicate with, or frustrate communication of immigration status information to, Immigration and Customs Enforcement (ICE) as required by federal law.
On May 22, 2017, the Attorney General issued a memorandum regarding one of President Donald J. Trump's executive orders that would w...
This article was featured in the Spring 2017 Issue of Lozano Smith's TIPJar
In the action movie thriller Taken, Liam Neeson plays a former CIA operative and distraught father on a mission to rescue his daughter from kidnappers. Imagine if Neeson came upon the kidnapping of his most valuable, confidential data and it was being held for ransom. One of his most famous movie lines might read something like this:
"If you are looking for ransom, I can tell you I don't have money. But what I d...
In September 2015, Governor Jerry Brown signed into law Senate Bill (SB) 415. SB 415, which becomes operative on January 1, 2018, prohibits political subdivisions from holding odd-year regular elections if a prior odd-year election resulted in a "significant decrease in voter turnout," as defined by statute. The new law reflects a policy of encouraging election consolidations to defray election costs and encourage voter participation. It applies only to regular elec...
The California Supreme Court has ruled that retirement is a form of quitting under the prompt payment protections in California's Labor Code. (McLean v. State of California (2016) 1 Cal.5th 615.)
However, this ruling only applies to State of California and private employees, as Labor Code section 220 continues to exempt employees directly employed by any county, incorporated city, town or other municipal corporation.
In McLean, a retired California Department ...
The Governor recently signed Assembly Bill 2228, establishing a program for California code enforcement officers to become certified. The purpose of the program, which is voluntary, is to provide a mechanism for code enforcement officers to become trained in the substantive law and legal processes affecting their duties while also reducing the risk of liability for the agency. The program will ensure uniform and consistent training throughout the state, increasing...
Released in July 2016, Pokémon Go is a technological and gaming sensation that swept across the country, where players use their mobile devices to locate Pokémon (virtual creatures) in the real world. Pokémon can appear in any physical location, and as avid fans know, players "gotta catch 'em all." This may result in players entering or approaching public property to capture Pokémon, which means public agencies may have to address issues regard...
Two recent cases involving high profile public officials highlight the reach of Government Code section 1090. Government Code section 1090 prohibits conflicts of interest, self-dealing and corruption among public entity officials.
Sweetwater Union School District v. Gilbane Building Company (February 24, 2016) 245 Cal.App.4th 19, sprang from one of the largest political corruption scandals in San Diego County history, in which construction vendors provided gifts to...