November 16, 2016 -- Client Alert
On September 29, 2016, the Governor signed AB 1661 into law. AB 1661 expanded the anti-harassment training requirement to elected officials and members of legislative bodies of local agencies. “Local agencies” include cities, counties, charter cities, charter counties, and special districts.
October 11, 2016 -- Client Alert
Public agencies have been invited to submit public comments to the State Water Resources Control Board on a draft report on direct potable reuse by October 25, 2016.
September 20, 2016 -- Client Alert
On August 23, 2016, the Ninth Circuit denied rehearing in Flores v. City of San Gabriel, in which it held San Gabriel’s cash payments of unused benefits to employees must be included in the regular rate of pay when calculating overtime.
August 25, 2016 -- Client Alert
A recent California Supreme Court decision increased the authority of the California Department of Water Resources (“DWR”) to enter upon private land. This Alert provides an update on recent developments that impact local agencies and their authority to use private land.
October 30, 2015 -- The Subdivision Map Act allows the owner of a rental mobilehome park to convert the park from a landlord-tenant form of ownership to a subdivided condominium-style form of ownership. A park owner must first obtain the approval of local government which has authority to “approve, conditionally approve, or disapprove” the application after holding a hearing to determine whether the park owner has complied with Section 66427.5 of that Act.
July 17, 2015 -- Client Alert
The California Legislature and State agencies have been active this year developing various new rules regarding water use in California and local regulation thereof. This Alert provides an update on several recent developments and proposed legislation that impact local agencies and how they regulate water use within their respective jurisdictions.
July 9, 2015 -- Client Alert
On July 6, 2015, the California Supreme Court unanimously reversed the First District Court of Appeal in People v. Superior Court (Johnson). The decision reaffirms that (1) prosecutors must comply with the Pitchess procedures if they seek information from confidential personnel records and (2) that the prosecution satisfies its Brady duty by disclosing to the defense that a testifying officer’s file may have material exculpatory information in it.
June 9, 2015 -- Client Alert
On June 2, 2015, the California Court of Appeal for the Fourth Appellate District issued its decision in Jack Moore v. City of Lemon Grove et al., (“Lemon Grove”). The Lemon Grove Court evaluated whether transfers of funds collected by the Lemon Grove Sanitation District as sewer service fees to the City’s general fund violated Proposition 218. The Court found the subject transfers did not violate Proposition 218 because the fees were not spent for unrelated revenue purposes, did not exceed the cost of providing service, and were not imposed for general governmental services.
April 22, 2015 -- Client Alert
On April 20, 2015, the Fourth Appellate District issued its long-awaited decision in Capistrano Taxpayers Ass’n, Inc. v. City of San Juan Capistrano (“San Juan Capistrano”). The San Juan Capistrano decision expressly rejects the idea that tiered water rates are inherently unconstitutional pursuant to Proposition 218. However, the decision also holds that a tiered rate structure unsupported by actual cost of service calculations for each tier is unconstitutional. As a result, unless San Juan Capistrano is reheard by the Fourth District or reviewed by the California Supreme Court, tiered rate structures may be vulnerable to challenge to the extent they are not tied to identifiable, incremental costs correlating to the tiers.
April 2, 2015 -- Client Alert
On April 1, 2015, Governor Jerry Brown issued an Executive Order to address the continuing conditions of severe drought statewide. The Executive Order requires the State Water Board to take several conservation-related actions that may affect local public entities.
