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Court Holds City Electric Utility’s PILOT Is Subject to Proposition 26

Client Alert

On January 20, 2015, the Third District Court of Appeal issued one of few published decisions interpreting Proposition 26.  The Court in Citizens for Fair REU Rates et al. v. City of Redding (Third District Court of Appeals Case No. C071906, decided January 20, 2015), held that the City of Redding’s Electrical Utility’s payment to the City in lieu of taxes (PILOT) is subject to Proposition 26 and that the City did not meet its burden to establish cost of service restrictions mandated by Proposition 26.  The Redding decision does not reject PILOTs as a matter of law, but holds that an agency does not meet its burden to establish compliance with the cost restrictions of Proposition 26 by relying solely on a PILOT rate that matches the ad valorem tax rate.

CA Supreme Court Case Permits Use of Pitchess Motions in Administrative Disciplinary Appeals

Client Alert

On December 1, 2014, the California Supreme Court held, in Riverside County Sheriff’s Department v. Stiglitz,et al. (Stiglitz), that a hearing officer in an administrative appeal of discipline of a correctional officer has the authority to rule upon a discovery motion for peace officer personnel records, commonly referred to as a Pitchess motion.

Governor Brown Signs Historic Groundwater Legislation - The Sustainable Groundwater Management Act

On September 16, Governor Jerry Brown approved a trio of bills - AB 1739 (Dickinson), SB 1168 (Pavley), and SB 1319 (Pavley), collectively the Sustainable Groundwater Management Act - that address the regulation of groundwater in California, with the primary aim of sustainable management of unadjudicated groundwater basins throughout the state.  

State Water Board Issues Notice of Proposed Emergency Rulemaking for New Drought Water Conservation Regulations

Client Alert

On July 8, 2014 the State Water Resources Control Board (“State Water Board”) issued a notice of proposed emergency rulemaking for regulations that would prohibit all individuals from engaging in certain water use practices and would require mandatory conservation-related actions of public water suppliers during the current drought emergency.

Peace Officer Retirement Identification Issues and the Related Endorsement to Carry a Concealed Weapon

Client Alert

This Client Alert provides a broad overview of the rights of retired peace officers when it comes to retirement identification certificates and carrying concealed firearm endorsements under California and federal law. The decision to deny or revoke a retired peace officer’s retirement identification or firearm endorsement should not be made before discussing with legal counsel.  Please feel free to contact our office with any additional questions.

Court Reaffirms Applicability of Proposition 218 to Groundwater Production Fees and Explains Mandates

Client Alert

In its recent decision, Griffith v. Pajaro, the Sixth District of the Court of Appeal answered questions about Proposition 218 that it did not have the opportunity to address in its 2007 decision, Pajaro Valley Water Management Agency v. Amrhein (2007) 150 Cal.App.4th 1364.  In Griffith, which was a consolidated appeal with related case, Pendry v. Pajaro, the Court reaffirmed its holding that Proposition 218 (specifically, article XIII D, § 6 of the California Constitution) applies to fees imposed upon groundwater production and further clarified that such fees are not subject to the ratification election required for all property-related fees, except fees for “sewer, water, and refuse collection services.” 

A&W Attorneys Assist Carson in Restoring Important Regulatory Powers Back to Cities and in Enacting Protections for Mobilehome Coach Owners -- SB 510 Signed in to Law by Governor Brown

October 1, 2013.  Aleshire & Wynder’s Rent Control and Mobilehome Park Team (including partners Bill Wynder, Sunny Soltani, and Associate Jeff Malawy) assisted its client, the City of Carson, in urging the passage of an important piece of legislation (SB 510 [Jackson]) which has just been signed into law by Governor Brown.  SB 510 forever ends the much litigated, and much debated, question regarding the scope of a municipality’s discretion to deny mobilehome park subdivisions (or “conversions”) to resident ownership where the is a lack of resident support for the conversion.  The new la

A&W Attorneys Protect Carson From a Claim That Cities Must Warn Visitors to its Public Parks of the Potential Danger from Gang Members

Do California’s cities have a duty to warn visitors to their parks that gang members may be present?  And if cities have such a duty, how do they afford park visitors such a warning?  These were among the issues that two of the Firm’s litigation team resolved in favor of our client, the City of Carson. 


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