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.
SMW Attorney Teaches Land Use Law at Stanford Law School
SMW partner Andrew Schwartz is once again teaching Land Use Law at Stanford Law School for the fall quarter 2021-2022. The course focuses on the pragmatic (more than theoretical) aspects of contemporary land use law and policy, including the tools and historical/legal foundation of modern land use law; zoning and General Plans; the process of land development; affordable housing; growth […]
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.
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 […]
SMW Part of Team that Helps Cupertino Take Advantage of Near Historic Lows for Municipal Bond Rates
SMW worked closely with Cupertino staff, bond counsel, municipal advisor, and underwriters to issue about $22 million of Certificates of Participation, refunding previously issued certificates and taking advantage of near historical lows for municipal bond rates. The transaction resulted in average annual savings to Cupertino of nearly $500,000.
SMW Advises SAFCA on Local Funding Mechanisms for Flood Control
From 2007 through 2016, the firm advises the Sacramento Area Flood Control Agency on the formation of assessment districts to fund the local share of flood control improvements, providing benefits to approximately 160,000 properties.
SMW Advises on Transbay Transit Center Funding District
Photo credit: Fullmetal2887, CC BY-SA 4.0 , via Wikimedia Commons In 2015 the firm advises the Transbay Joint Powers Agency in helping San Francisco create a Mello-Roos Community Facilities District that requires developers to pay a special tax to fund the Transit Center’s rooftop park, Downtown Rail Extension, and other infrastructure in the Transit Center […]