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Court of Appeal Finds Caltrans Omitted Material Necessary to Informed Decision Making by Failing to Include a Threshold of Significance for Old Growth Redwood Trees and Including Mitigation Measures as Part of Project Description
March 3, 2014 | Bulletin No. 1088942.1
In Lotus v. Department of Transportation (2014) 223 Cal.App.4th 645, a California Court of Appeal found that Caltrans omitted material necessary to informed decision-making and informed public-participation when it failed to identify a standard of significance for project impacts to old growth redwood trees. Caltrans also erred in including impact-reducing measures as part of the project description, rather than as mitigation measures.
City May Waive Low Bidder’s Failure to Include First Page of a Bid Bond as an Inconsequential Irregularity
February 26, 2014 | Bulletin No. 1088004.1
In Bay Cities Paving & Grading, Inc. v. San Leandro (January 28, 2014, A137971 ) ---Cal.App.4th ---- [14 Cal. Daily Op. Serv. 1559], the City of San Leandro (“City”) awarded a public works contract for the construction of a BART-Downtown Pedestrian Interface Project (“Project”) to the lowest bidder, Oliver DeSilva, Inc., dba Gallagher & Burk (“G&B”). The second lowest bidder, Bay Cities Paving and Grading, Inc. ("Bay Cities") sought a petition for writ of mandate alleging the City could not properly award the contract to G&B because a missing page in G&B's bid bond was a material deviation from the contract specifications. The trial court denied the petition and the Court of Appeals affirmed the judgment.
February 19, 2014 | Bulletin No. 1086154.1
Collateral Loan and Secondhand Dealers Association ("CLSDA"), a trade association for licensed pawnbrokers and secondhand dealers, brought a lawsuit against the County of Sacramento to challenge an ordinance creating a countywide reporting system for CLSDA's constituent members. CLSDA contended that the ordinance duplicated and conflicted with state law regulating pawnbrokers, and sought both preliminary and permanent injunctive relief. The trial court granted only minor portions of the relief sought by CLSDA's motion for preliminary injunction, and denied the rest, finding that CLSDA has failed to demonstrate that it was likely to prevail on the merits. CLSDA appealed.
Claims for Equitable Relief Against Public Agencies Must Have a Constitutional or Clear Statutory Basis
February 19, 2014 | Bulletin No. 1086042.1
In Tuthill v. City of Buenaventura (February 10, 2014, B239668 (--- Cal.App.4th [14 Cal. Daily Op. Serv. 1437], Tuthill and Younker ("Plaintiffs") purchased two low income Seneca Highlands townhomes. At the time of the purchase in 2001, the Plaintiffs were unaware that the townhomes were affordable housing units with price restrictions imposed by a development agreement between the City of San Buenaventura and its housing authority (collectively, “the City”) and the Bulmer Development Corporation (“Bulmer”).
Classified Management Employee’s Misconduct Justified School District’s Termination of Employment, Despite Protected Speech
February 7, 2014 | Bulletin No. 1077831.2
A school district classified management employee sought to overturn his dismissal from employment, which he alleged was in retaliation for engaging in protected speech. A California court of appeal held that, given the evidence of the employee’s insubordination, misuse of the school district’s computers, and retaliation against other employees, the school district was justified in terminating his employment based on the misconduct unrelated to the potentially protected speech. (Thornbrough v. Western Placer Unified School District (December 23, 2013, C068317) --- Cal.Rptr.3d ----, Cal.App. 3 Dist.).
Cities Entitled to Pre and Post Judgment Interest for Tax Administration Fees Improperly Calculated and Withheld by County
February 4, 2014 | Bulletin No. 1077523.1
Seven cities brought a lawsuit against a county over the calculation of a fee that the county charges for the collection and distribution of property taxes to each city. A trial court entered judgment in favor of the cities and ordered the county to pay prejudgment and postjudgment interest. The court of appeal held that the trial court did not err in awarding prejudgment and postjudgment interest but that a new law changes the rate of interest as of January 1, 2014. (City of Clovis v. County of Fresno (January 16, 2014, F060148) --- Cal.Rptr.3d ----, Cal.App. 5 Dist.).
January 30, 2014 | Bulletin No. 1078334.2
Senate Bill 751 amends Government Code section 54953 to require the legislative body of a local agency to publicly report any action taken and the vote or abstention on that action of each member present for the action. This requirement became effective January 1, 2014. Agencies will now need to record the vote or abstention of each member on each item presented during public meetings, as well as publicly announce the action taken and the vote or abstention of each member in attendance. Reporting the number of ayes, nays, or abstentions alone will not be enough, as the names of each board member and their vote is now required. Votes may need to be taken by roll call or in another manner as set forth below that allows verification of the vote of each member in order to comply with the requirements of SB 751.
Requirement That Landowners Give Aircraft Overflight Easement Before Obtaining Building Permit Did Not Constitute a Taking of Their Property
January 28, 2014 | Bulletin No. 1077526.1
Landowners assert a requirement that they provide an aircraft overflight easement before obtaining a building permit constitutes a taking of their property without just compensation. The court of appeal held that the overflight easement did not effect a taking of the landowners’ property. (Powell v. County of Humboldt (January 16, 2014, A137238) --- Cal.Rptr.3d ---, Cal.App. 1 Dist.).
January 17, 2014 | Bulletin No. 1075374.2
Three police officers alleged their rights were violated during an investigation into the off-duty discharge of a weapon. The court of appeal held that the police officers’ rights were not violated because the investigation was not conducted at an unreasonable time, there was no evidence of adverse mental or physical consequences, they were not denied counsel, and they were not subject to undue threats or coercion. (Quezada v. City of Los Angeles (January 8, 2014, B245879) --- Cal.Rptr.3d ----, Cal.App. 2 Dist.).
Preparation of EIR Not Required for Ordinance Banning Single-Use Plastic Bags and Establishing Fee for Paper and Noncompostable Bags
January 17, 2014 | Bulletin No. 1074307.1
After the City and County of San Francisco (“San Francisco”) enacted an ordinance expanding existing restrictions on the use of plastic shopping bags by retail establishments, an industry group that has filed several lawsuits to challenge plastic bag ordinances sued. The group asserted that the California Environmental Quality Act (“CEQA”) required San Francisco to prepare an environmental impact report (“EIR”) before adopting the ordinance, and that the ordinance was preempted by the state Retail Food Code. The trial court decided against the industry group. On appeal, the First District Court of Appeal affirmed the trial court judgment. (Save The Plastic Bag Coalition v. City and County of San Francisco (December 10, 2013, A137056), --- Cal.Rptr.3d ----, [14 Cal. Daily Op. Serv. 115].
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