Municipal and Special Districts

Courts Disagree On How Much Money A Public Entity Can Retain In Disputes Involving Public Works Contracts

April 7, 2015 | Bulletin No. 1243481.2

A recent court decision has introduced uncertainty as to the amount of money a public entity can retain upon completion of a public works contract.  Public Contract Code section 7107 allows a public entity to retain funds otherwise due to a contractor based upon liens or in the event of a dispute between the public entity and the original contractor.  If, however, the public entity wrongfully retains funds, section 7107 subjects the public entity to a penalty of two percent per month on the wrongfully withheld amount plus an obligation to pay the contractor's attorney's fe

Sunnyvale’s Large Capacity Magazine Ban Survives Appeal - Preliminary Injunction Denied

March 17, 2015 | Bulletin No. 1236361.1

In 2013, the voters of the City of Sunnyvale (“City”) approved a measure restricting high capacity magazines. The measure was contested, and in Fyock v. City of Sunnyvale (9th Cir. 2015) ___ F.3d ___, the 9th Circuit upheld the ordinance, by affirming the trial court's denial of a preliminary injunction that would have prevented Measure C from going into effect.

CDA & IDA 2015 Forum | Economic Development Success - After Redevelopment

 
 
Event Information

Date:

Tuesday, March 10, 2015

Time:

10:30 - Noon

Location:

The Georgian Hotel
1415 Ocean Drive
Santa Monica, CA

Sponsored By:

California Downtown Association and International Downtown Association
West Coast Urban District Forum 2015 (March 9-11, 2015)

 
 

California Supreme Court Strikes Down Sex Offender Residency Restrictions In San Diego County

March 5, 2015 | Bulletin No. 1233113.1

In November 2006, California voters approved Proposition 83, also known as "Jessica's Law." Jessica's Law imposed many restrictions on sex offenders, including residency restrictions (the "Residency Restrictions"). The Residency Restrictions make it unlawful for registered sex offenders to reside within 2000 feet of schools or parks.

California Supreme Court Clarifies Application Of The “Unusual Circumstances” Exception To Categorical Exemptions Under CEQA

March 3, 2015 | Bulletin No. 1231998.1

On March 2, 2015, the California Supreme Court issued its long-awaited opinion in Berkeley Hillside Preservation v. City of Berkeley, which establishes a two-part test for application of the California Environmental Quality Act’s (“CEQA”) unusual circumstances exception to categorical exemptions.  Categorical exemptions exempt certain kinds of projects from CEQA review. 

Not "Clearly Frivolous" - City Loses Attorney's Fees in Public Records Act Case

February 5, 2015 | Bulletin No. 1180735.1

Although often mentioned as a possible remedy when defending meritless Public Records Act (PRA) lawsuits, it is actually very difficult for public agencies to obtain attorneys’ fees and costs when they prevail in PRA litigation. In practice, Courts may only award such fees and costs when a plaintiff's case is "clearly frivolous." As an example, in Bertoli v.

LOCC Annual Conference | Tax Increment Financing is Back! Using the New EIFD Tool

 
 
Event Information

Date & Time:

Exact date & time TBD

Location:

San Jose

 

Sponsored By:

League of California Cities (LOCC)
2015 Annual Conference (September 30 - October 2, 2015)

Presenters:

Constantine C. Baranoff
Aaron Laurel, Economic Development Manager, City of West Sacramento
Russ Powell, Vice President, Economic Planning Systems

 
 

Property Tax Refund Claims May Be Filed Directly In Superior Court When The Assessed Property Was Not Owned By The Taxpayer; Such Claims Are Governed By A Four-Year Limitations Period

January 27, 2015 | Bulletin No. 1173988.2

When a taxpayer requests a property tax reduction, the taxpayer must ordinarily first request a reduction with the county board of equalization or assessment appeals board before the taxpayer may file in superior court. However, in Williams & Fickett v.

Inadvertent Disclosure of Privileged Documents in Response to a Public Records Act Request Converts the Document Into a Public Record

December 15, 2014 | Bulletin No. 1166066.1

The Court of Appeal, Second Appellate District, delivered a sobering reminder to public agencies to carefully review documents produced in response to the Public Records Act (“PRA”)  to avoid disclosure of documents protected by evidentiary privileges.

California Supreme Court: Arbitrators May Rule on Pitchess Motions

December 8, 2014 | Bulletin No. 1163976.1

In Pitchess, the California Supreme Court (the "Court") held that, upon good cause, a criminal defendant can obtain law enforcement personnel records.  In 1978, the California Legislature codified this process by adding a series of statutes to the Evidence Code.  In Riverside County Sheriff’s Department v. Stiglitz (Drinkwater), December 1, 2014, Case No. S206350, the Court held that these statutes authorize an arbitrator (and not just a judge) to order the review of law enforcement personnel records.

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