INTRODUCTION. The Brown Act applies to meetings of local government elected and appointed bodies and is a complex statute governing how government officials behave. Government Code section 54957.5 requires local governments to make materials distributed to members of a Brown
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New restrictions on development impact fees on housing
Introduction. Governor Newsom signed AB 602 (Grayson, D-Concord) on September 28, 2021 to change how cities and counties impose impact development impact fees on housing. It is effective January 1, 2022, with some provisions deferred to July 1, 2022.
The…
Heads up for Cities & Counties re National Opioid Settlement
Cities and counties in California have some to-dos arising from the settlement announced on July 22, 2021 in litigation against manufacturers and distributors of opioid painkillers. Counties and cities with populations over 10,000 should soon receive notice by letter of…
AB 361 – exceptions to Brown Act teleconferencing
Governor Gavin Newsom signed AB 361 (Rivas, D-San Benito County) September 16, 2021 to establish exceptions to teleconference requirements of the Brown Act during states of emergency. AB 361 took effect immediately on the Governor’s signature. It provides a means…
CHW’s quarterly newsletter on public law topics is out!
CHW’s quarterly newsletter on public law topics is out. You can see it here.
This issue has articles on:
- A new, short statute of limitations for challenges to retail water and sewer rates;
- Further appellate developments constrain local government’s
…
Is reduced parking a negative impact under CEQA? It depends on location!
On August 19, 2021, the Second District Court of Appeal decided Save Our Access-San Gabriel Mountains v. Watershed Conservation Authority (Aug. 19, 2021, No. B303494), upholding an EIR’s finding of no significant impact under CEQA, where a project’s reduction in parking…
Browser histories are not public records
The D.C. Circuit recently held public employees’ browsing history is not an “agency record” subject to the Freedom of Information Act (“FOIA”). (Cause of Action Institute v. Office of Management and Budget (D.C. Cir. Aug. 20, 2021, No. 20-5006) ___…
The future of banking with the California cannabis industry
Although cannabis is legal in California, it remains illegal under federal law. This controversy hamstrings cannabis businesses, as they are unable to use the services of federally regulated banking institutions and must do business in cash, creating risks for them…
Brown Act suspension survives end of most Executive Orders
On June 11, 2021, Governor Newsom issued Executive Order N-08-21[1] to clarify the continued applicability of his previous Executive Orders related to the COVID-19 pandemic. Most notably, Executive Order N-08-21 extends application of Executive Order N-29-20, which allows public…
It’s in my water? Wildfires and water toxicity
As California battles wildfires that seem fiercer, larger, and longer each year, cities around the state are tackling fire prevention and recovery. The main injuries from fires are obvious: loss of life and property, poor air quality, and damaged environments.…