Updates and Articles
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.
Read MoreSMW Aids in the Acquisition of Land Planned for New Park
SMW attorneys supported the City of Cupertino in its acquisition of more than 7 acres of land planned for a park. Cupertino’s purchase of the property is a critical step in a more than 10-year effort to provide additional parks and recreation areas on the east side of the City.
Read MoreAgencies Bear Costs of Redacting Electronic Records, But Questions Remain in Recent PRA Decision
Photo Credit: Tobias Kleinlercher, CC BY-SA 3.0, via Wikimedia Commons The California Supreme Court recently issued a ruling on the seemingly mundane issue of whether public agencies may charge Public Records Act (PRA) requesters for the costs of redacting exempt material from electronic records when responding to PRA requests. Although the decision clarifies that agencies must bear the cost of redacting exempt material...
Read MoreShifting Coastlines: Managed Retreat Strategies for Cities Addressing Coastal Erosion
As climate change and sea-level rise accelerate erosion, cities and counties along the California coast must act to protect coastal resources and property from the landward march of the sea. To buffer these interests against the effects of coastal erosion, local agencies have adopted a wide variety of management strategies. Where landowners are reluctant to abandon economic investments and resources on the coast, planners...
Read MoreSMW Solidarity Statement
Black people have built America since before it was a country, often driven to the task by systematic oppression and racism. Recently, George Floyd, Breonna Taylor, Ahmaud Arbery, Tony McDade, Oscar Grant, Mario Woods, Kayla Moore, and countless others suffered deadly violence, with all of us as witnesses. The brazenness and impunity of these acts—the inevitable result of systemic racism in the country that Black people...
Read MoreSMW Assists with $271 Million Green Bond Issuance to Support Transit Center Construction
In 2020, the firm assisted the Transbay Joint Powers Authority (TJPA) in its first bond issuance. The public agency sold $271 million in Green Bonds/Climate Bonds, certified based on the environmentally sustainable elements of the multi-modal Transbay Program. Proceeds from the bonds sale were used to refinance a federal loan and generate new money for the design and construction of the transit center and the extension of...
Read MoreNew Organic Waste Processing and Food Waste Recovery Rules Moving Forward
On April 20th CalRecycle released what it expects to be the final regulations implementing SB 1383, California’s groundbreaking law to reduce disposal of organic waste at landfills by 75 percent from 2014 levels by 2025. The law is an important part of the State’s strategy to reduce methane and greenhouse gas emissions. Instead of focusing on emissions at landfills, SB 1383 directed CalRecycle to develop regulations...
Read MoreProcessing Housing Construction Projects Under State and Local Shelter-in-Place Orders
Governor Issues Statewide Shelter-in-Place Order After declaring a State of Emergency due to the COVID-19 pandemic on March 4, 2020, Governor Newsom issued Executive Order N-33-20 on March 19, 2020. The statewide Order directed all California residents to stay home, except for workers in 16 “critical infrastructure sectors.” Construction was not included in these original 16 sectors. However, on March 22, 2020 the...
Read MoreCourt Overturns Sprawl Development in Wildfire Risk Zone
The firm successfully challenges San Diego County's 2019 approval of the Harmony Grove Village South Project, which would have brought sprawl development to a fire-prone, rural area of the County.
Read MoreSMW Attorneys Recognized with Amicus Service Award
Three SMW attorneys received the Amicus Service Award from the International Municipal Lawyers Association (IMLA). Attorneys (L to R) Laura Beaton, Andrew Schwartz, and Matthew D. Zinn were recognized for their work drafting the SCOTUS amicus brief for Knick v. Township of Scott.
Read MoreBuilding Decarbonization Update: California Energy Commission Approves First Set of Electric Reach Codes
Following up on the October 2019 edition of In the Public Interest, this article provides an update on the California Energy Commission's approval of ordinances passed by several cities and counties to encourage or require buildings to go all-electric. As reported in the October 2019 edition of “In the Public Interest,” local jurisdictions throughout California have been seizing the opportunity presented by the triannual...
Read MoreComing to a Backyard Near You: What’s New With ADUs in 2020
Photo Credit: radcliffe dacanay, Flickr, CC BY 2.0 Public Agency Update: New state legislation that took effect on January 1, 2020 imposes additional limits on the ability of local jurisdictions to restrict Accessory Dwelling Units (ADUs). This article describes what's changed and how cities and counties might react. For the last few years, the state has explored ways to encourage cities and counties to allow property...
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