Updates and Articles
California Supreme Court Sheds Light on How Public Agencies Should Manage E-Communications Consistent with the California Public Records Act
On Thursday, the California Supreme Court issued its decision in City of San Jose v. Superior Court, holding that writings that concern public business may be subject to the California Public Records Act (CPRA) even if they are sent and received using private accounts. Recommended Best Practices The Court highlighted how public agencies, employees, elected representatives, and other officials can manage their...
Read MoreState Lawmakers Limit Local Control of Accessory Dwelling Units
Citing California’s housing shortage, state lawmakers recently took aim at local jurisdictions’ review of accessory dwelling units. These units—also known as second units, in-law apartments, or granny flats—can be a valuable form of housing for family members, students, the elderly, care providers and others, sometimes at below market prices within existing neighborhoods. But local jurisdictions note that the development...
Read MoreConservation Easements as Mitigation Measures: Tips for Public Agencies
With the continuing loss of open space and farmland to development, more and more agencies seek to mitigate these losses by requiring developers to preserve equivalent land on- or off-site. Conservation easements offer a flexible tool for achieving open space protection, and the courts have upheld easement requirements as legally adequate mitigation for farmland and open space conversions. Unlike other land preservation...
Read MoreFacebook Settlement Promotes Affordable Housing
The firm represents the City of East Palo Alto in negotiating a settlement with Facebook in 2016 that results in a $20 million fund for affordable housing and requirements for job training for City residents.
Read MoreNavigating Complex Attorney Fees
A litigant in a partition action faces a potential obligation to pay fees and costs of over $600,000. The firm eliminates this liability and turns it into a cost award of about $5,000. The litigation involves years of billing records and contentious proceedings. (DeMartini v. DeMartini (2016).)
Read MoreSMW Protects General Plans and Referendum Power in California Supreme Court
The firm prevails in a landmark case before the California Supreme Court that upholds the people's right of referendum and confirms the primacy of the city's General Plan. (Orange Citizens for Parks & Recreation v. Superior Court, 2 Cal.5th 141 (2016).)
Read MoreSMW Thwarts Developer Attempt to Circumvent General Plan Policies for Historic Town Center
On behalf of Save Our Historic Town Center, the firm successfully challenges a massive development in the heart of downtown San Juan Capistrano that is flatly inconsistent with the City's general plan policies for that historic area. (Save Our Historic Town Center v. City of San Juan Capistrano (2016).)
Read MoreDon’t Forget the Energy Implications of New Projects – CEQA Guidelines Appendix F
Photo credit: Kevin Dooley, Flickr, CC BY 2.0 Agencies have long relied on existing energy-reduction requirements in building codes, and on the beneficial side effects of reducing greenhouse gases, to demonstrate that a project’s energy use will not be wasteful or inefficient. That approach is no longer sufficient under CEQA, however, without an express assessment of the “before” and “after” energy requirements of...
Read MoreIs Community Choice Aggregation the Right Choice for Your Community?
Community choice aggregation is surging in California. The Center for Climate Protection estimates that local governments representing over 17 million California customers are part of a community choice aggregator (CCA), scheduled to launch a CCA, or are actively considering one. Given this growing trend, communities that are not currently involved in a CCA effort may find themselves being invited to join a CCA or...
Read MoreLocal Actions Can Help Spur Renewable Energy Growth in California Communities
As renewable energy prices drop and consumer interest grows, many local governments are wondering what they can do to help their residents and businesses reap the benefits of clean energy. Erica McConnell provides an overview of some of the options that local governments have to improve access to renewable energy for their residents and bring its benefits to their communities. Consumer interest in renewable...
Read MoreSettlement with PG&E Will Close Last Nuclear Power Plant in California
The firm helps Friends of the Earth block PG&E's lease extension on public lands, and negotiate the historic 2016 settlement agreement with the utility to close in 2025 the Diablo Canyon Power Plant, located on the coast in a highly active seismic area.
Read MoreLegislation Passes Authorizing Mission Rock Project on Giants Parking Lot Site
In 2016 the state legislature enacts legislation (AB 2797), drafted by the firm for the Port of San Francisco, authorizing the development of the Mission Rock project on the site of a surface parking lot. The project includes 40% affordable housing and a five-acre waterfront park on China Basin Park.
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