California Supreme Court Holds that Writings Contained in Public Employees’ Personal Accounts May be Subject to Disclosure under the California Public Records Act
SUMMARY On March 2, 2017, the California Supreme Court, in City of San Jose v. Superior Court of Santa Clara County (Smith),[1] held that “when a city employee uses a personal account to communicate about the conduct of public business, the writings may be subject to disclosure under the California Public Records Act (CPRA or […]
Voter-approved Reduction in Pension Benefits Largely Struck Down by Court of Appeal
I. Summary On March 27, 2015, the California Court of Appeal ruled that a city cannot retroactively cut pension benefits. In Protect our Benefits v. City & County of San Francisco , the Court decided that a voter approved initiative to amend the charter of the City and County of San Francisco to only pay […]
Inclusionary Housing Ordinance That Did Not Include Findings of a Nexus Between a Development Project and The Need for Additional Affordable Housing Upheld by California Supreme Court
I. Summary Relying on a city’s broad power to regulate land use, the California Supreme Court recently upheld the City of San Jose’s inclusionary housing ordinance that requires new developments to set aside 15% of for-purchase units at affordable housing. In California Building Industry Assn. v. City of San Jose, 61 Cal. 4th 435 (Cal. […]
Sign Ordinance Based on Categories of Signs is an Invalid Content-Based Restriction
I. Summary On June 18, 2015[1] the United States Supreme Court held that an Arizona city’s sign ordinance that categorized signs into types with different sets of applicable regulations amounted to a content based restriction on speech that was not justified by the city’s interest in aesthetics and traffic safety. The ordinance included various restrictions […]
Updated CEQA Procedures to Consider Native American Cultural Resources
I. Summary Designed to protect Native American tribal cultural resources, Assembly Bill 52 (“AB 52”) amends California Environmental Quality Act (‘CEQA”) procedures to require lead agencies to consult with a Native American tribe before releasing a negative declaration, mitigated negative declaration, or environmental impact report if the tribe requests both notification of proposed projects and […]
Oakland’s suit against Wells Fargo for predatory lending practices based on race can seek lost property-tax revenue
Summary In City of Oakland v. Wells Fargo & Co., 972 F.3d 1112 (9th Cir. Cal. 2020), the Ninth Circuit Court of Appeals held that cities can seek injunctive relief and recovery of lost property-tax revenue from banks that violate the Fair Housing Act by using predatory lending practices against minorities. The Ninth Circuit held […]
State law addresses Brown Act implications of social media use by members of a legislative body
AB 992 In a world that communicates with posting, reposting, texting, screenshotting, tweeting, liking, disliking, happy or sad emojis and commenting on posts, it was inevitable that public officials would enter onto that internet “platform” and communicate their thoughts and ideas to anyone who had access to a computer. Instead of stepping into the local […]
Court of Appeal clarifies procedures and deadlines under Eminent Domain Law
Summary The Court of Appeal in Rutgard v. City of Los Angeles, 52 Cal. App. 5th 815 (2020) held that a public agency desiring to retain condemned property that has not yet been put to public use must adopt a reauthorization resolution within ten years of the initial resolution declaring the public need. The Court […]
Exception to mobile billboard ordinance for “authorized vehicles” is likely an invalid content-based restriction on free speech.
Summary A city ordinance that prohibited mobile billboards except for “authorized vehicles” including emergency vehicles and construction/maintenance vehicles is a content-based restriction on free speech and presumptively invalid. Discussion In 2016, the City of Simi Valley (“City”) adopted an ordinance that prohibits the parking or standing of mobile billboard advertising displays on city streets. The […]
Voter initiative ballot measures to impose special taxes do not need 2/3 voter approval
Summary In City and County of San Francisco v. All Persons Interested in Matter of Proposition C, 51 Cal. App. 5th 703 (2020), the California Court of Appeal held that San Francisco’s (“City”) Proposition C (“Prop C”) was validly passed by the electorate with a simple majority. Prop C was a voter-sponsored initiative that imposed […]