With FPPC Enforcement on the Rise, Public Agencies Navigate Gray Area in Use of Public Funds for Election Communications
Local agencies walk a fine line when producing effective informative materials for ballot measures without inadvertently ‘campaigning’. This article reviews current FPPC rules around spending public money to inform the electorate, how to steer clear of enforcement gray areas, and opportunities for the Legislature to authorize limited public agency electoral campaigns.
SB 244: Focus on Disadvantaged Unincorporated Communities in Land Use Planning
Systemic issues in land use planning have historically plagued small, low-income, unincorporated communities on the urban fringe. SB 244 took a first step to address the legal, financial, and political barriers affecting disadvantaged unincorporated communities in California. This article describes SB 244 requirements and looks at implementation progress.
How Public Agencies Can Support Beneficial Fire Use
California’s recent fire seasons have been staggeringly destructive, and are poised to worsen over upcoming decades as the impacts of climate change increase. Yet, we are not helpless. The use of beneficial fire—at the right times and in the right locations—can increase forest resiliency and reduce wildfire risk. California’s pending Strategic Plan for Expanding the Use of Beneficial Fire points public agencies in the right direction.
Residents Can Play a Vital Role in Establishing Funding Streams for Local Programs
Cities and counties face significant challenges in raising funds for basic services and special programs. Chief among these, local governments must receive two-thirds voter approval before imposing a tax to fund designated programs. However, under a series of recent court rulings, voter-sponsored initiatives for special taxes need only be approved by a simple majority. This article discusses this new revenue opportunity, and how courts have thus far viewed local officials’ involvement in these efforts.
In Case You Missed It
Shute, Mihaly & Weinberger’s attorneys also regularly write for other publications. Some recent articles that may be of interest include: Los Angeles Lawyer Magazine: Black Lives Matter as Government Speech Daily Journal: Restoring California’s Leadership in Setting Tailpipe Emissions Standards Daily Journal: Competition and Collusion on the Road to Clean Cars ABA Environment, Energy, and […]
SMW Assists Multiple Public Agencies Implementing SB 1383, Organic Waste Reduction and Edible Food Mandates
In anticipation of a January 1, 2022 deadline, SMW attorneys assisted numerous public agencies adopting municipal ordinances to implement SB 1383. California’s groundbreaking law aims to reduce disposal of organic waste at landfills by 75 percent from 2014 levels by 2025. SMW assisted the Alameda County Waste Management Authority (Stope Waste), the Central Contra Costa […]
Recent Housing Legislation and the Initiative Power: What You Need to Know
The State Legislature’s burst of new housing legislation has significant implications for use of the initiative power. Find out more about SB10’s explicit shift of power to local legislatures and other ways in which the new laws may complicate planning and zoning initiatives.
The Public Trust – What Local Decisionmakers Should Know
The ancient public trust doctrine is as relevant as ever in today’s California, with implications for how local governments make decisions that could directly or indirectly affect water resources.
Firm Supports Half Moon Bay’s Successful Financing for Corporation Yard Project
In 2021, SMW attorneys assisted the City of Half Moon Bay with successfully securing more than $3 million in financing from California’s Infrastructure and Economic Development Bank (IBank). The lease-leaseback transaction allows the City to realize significant annual savings on lease costs. The financing allows the City to acquire land for its Corporation Yard, and […]
Designing Cities with Birds and Stargazers in Mind
Cities across California are adopting measures to ensure buildings do not pose threats to bird safety, often pairing these measures with those that reduce sources of nighttime light pollution.