Business & Facilities Update from Liebert Cassidy Whitmore

Environmental Impact Reports Must Consider Feasible Alternatives

Thu, 23 May 2013 12:00 AM PST

The City of Santa Cruz (City) prepared an Environment Impact Report (EIR) to expand its sphere of influence to permit it to provide water and sewer services to ...

CEQA's Statute of Limitations Begins To Run When A Public Agency First Exercises Its Discretion And Is Not Re-Triggered By Each Subsequent Project-Related Decision.

Thu, 02 Aug 2012 12:00 AM PST

When a developer sought to demolish the Van de Kamps Bakery Building and build a Home Base store, the City of Los Angeles prepared and certified an environmental impact report (EIR) for the project under the California Environmental Quality Act (CEQA). The City Planning Commission denied ap...

Projected Baseline Conditions Not "Illusory" or "Hypothetical" for Determining Significance of Traffic and Air Quality Impacts on Long-Term Infrastructure Projects

Thu, 05 Jul 2012 12:00 AM PST

The Exposition Metro Line Construction Authority (Expo Authority) was created for the purpose of awarding and overseeing the final design and construction contracts associated with the completion of a light rail project. The Expo Authority approved the project and certified the final Enviro...

When An Agency Adopts A Negative Declaration For A Project, The Agency Is Not Required To Adopt A Subsequent EIR Absent Substantial Evidence Of Substantial Changes Or New Information

Thu, 21 Jun 2012 12:00 AM PST

In 2006, the Imperial Irrigation District (District) adopted a resolution for a water distribution plan in the event of a shortage (Plan). At that time, the District adopted a negative declaration under the California Environmental Quality Act (CEQA). A negative declaration states upo...

Californians Voted For School Bond Measures

Wed, 06 Jun 2012 12:00 AM PST

On June 5, 2012, Californians voted for school bond measures in many counties. This means that many school districts and community college districts can update existing facilities or build new ones. Still more bond measures will be on the November ballot. If you are on...

Trial Court's Decisions Regarding Contents of Administrative Record Subject to Deferential Substantial Evidence Review on Appeal and Clarification Regarding Scope of Agencies Which May Be "Beneficially Interested" in a Project

Fri, 25 May 2012 12:00 AM PST

The City of Selma (City) approved a project that would convert agricultural land to residential and urban use land. The Consolidated Irrigation District (District) challenged the City's approval of the project. Specifically, the District contested the City's use of a mitigated ...

A District May Still Be Liable For Extra Work If Board Approves Change Orders After Completion or If Incorrect Plans and Specifications Are Provided At Bid; District May Be Held Liable To Contractor For Attorneys' Fees Under Performance Bond Provision

Thu, 10 May 2012 12:00 AM PST

Alhambra Unified School District (District) entered into two separate contracts with G. Voskanian Construction, Inc. (Voskanian). The first contract was a relocation contract involving the relocation of numerous portable buildings to the site of the Moor Field campus. Voskanian...

District Cannot Recover Attorney Fees in a Stop Notice Action Under Civil Code Section 3186

Thu, 26 Apr 2012 12:00 AM PST

Tri-State, Inc. (Tri-State) was an electrical subcontractor on a Long Beach Community College District (District) construction project. Tri-State delivered a stop notice to the District stating the general contractor Taisei Construction Corporation (Taisei) failed to pay $1.1 m...

The Real-Estate-Negotiations Exception To The Brown Act Permits Closed-Session Discussion Of The Amount Of Consideration The Public Agency Is Willing To Pay, The Form, Manner, And Timing Of Payment, And Items Essential To Arriving At Authorized Price And Payment Terms

Thu, 12 Apr 2012 12:00 AM PST

The Attorney General has issued an opinion as to what items may be discussed under the real-estate-negotiations exception to the open meeting requirements of the Ralph M. Brown Act. The Brown Act permits a governing body to meet in closed session with its real estate negotiator "to grant au...

Contractual Arbitration Provisions Must Clearly Refer to Applicable Arbitration Rules and Can Only Impose Attorneys' Fees if they are Recoverable in Court

Thu, 29 Mar 2012 12:00 AM PST

Volt Management Corp. ("Volt") hired plaintiff Stephen Mayers in 2005. He signed an employment agreement, an employment application, and acknowledgement of receipt of the employee handbook. All three documents conspicuously stated that all disputes related to the agreement or Mayers' ...

RDA Successor Agency Oversight Boards and Why Your District Wants In

Thu, 15 Mar 2012 12:00 AM PST

Many school and community college districts received passthrough funds from redevelopment agencies ("RDAs") and had contracts with RDAs for facilities projects. Effective February 1, 2012, RDAs were dissolved. As of May 1, 2012, each former RDA will be replaced by a successor agency w...

CEQA Analysis Under Current Project Conditions Is Appropriate

Sat, 10 Mar 2012 12:00 AM PST

Chevron operated a marine terminal located in the San Francisco Bay. The marine terminal was built in 1902. Because the marine terminal was located in the San Francisco Bay, it was subject to a public trust servitude and to the control of the California State Lands Commission ("Commis...

CEQA Does Not Permit A State Agency To Condition Payment For A Mitigation Measure On Obtaining Funding From The Legislature And Does Not Permit An EIR To Defer The Formulation Of Mitigation Measures

Thu, 16 Feb 2012 12:00 AM PST

In 2005, the Board of Trustees of the California State University (CSU) certified an environmental impact report (EIR) and approved a project involving new construction for the expansion of San Diego State University. While the litigation challenging this EIR was proceeding, the California ...

Perfect Conformity Between General Plan And Project Not Required And Predicted Conditions May Be Used As A Baseline In EIR

Thu, 05 Jan 2012 12:00 AM PST

The Palo Alto Medical Foundation (PAMF) proposed a project to redevelop property for construction of medical offices (Project). The City of Sunnyvale (City) circulated a draft Environmental Impact Report (EIR) for public comment in January 2009 and published a final EIR in May 2009. T...

The Substantial Compliance Doctrine Cannot Be Used By A Suspended Corporation To Defeat The Short Statute Of Limitations In Actions Involving CEQA Or The Planning And Zoning Law.

Thu, 22 Dec 2011 12:00 AM PST

The County of El Dorado approved a project involving the construction of a Circle K convenience store and gas station adjacent to Highway 50 at the Shingle Springs Interchange near Placerville. Friends of Shingle Springs Interchange, Inc. ("FSSI") filed a petition for writ of mandate on Sep...

Where A General Contractor Fails to Follow Contractual Change Order Procedures He May Be Held Liable For City-Caused Delay; Public Entity Not Entitled to Pre-Judgment Interest Where It Controlled Escrow Funds

Mon, 14 Nov 2011 12:00 AM PST

The City of Oakdale (City) and a general contractor, Greg Opinski Construction, Inc. (Opinski) entered into a construction contract. Opinski claimed that the City failed to pay the contract balance of $164,839, and for additional work performed on the project in an amount of $24,436, intere...

Public Entity's Policies For Timely Claims Presentation By Another Public Entity Cannot Re-quire A Shorter Presentation Time Frame Than The Government Claims Act

Thu, 27 Oct 2011 12:00 AM PST

In 2003, the City of Fillmore (Fillmore) entered into agreements with a few private entities establishing economic incentives for those entities if they set up sales offices in Fillmore. The entities were to receive 85% of the local sales tax revenue attributable to those entities in return...

Less Specificity Required To Preserve Issue for Appeal; Agency Not Required To Consider Every Suggested Mitigation Measure in Non-Specific Laundry List

Wed, 12 Oct 2011 12:00 AM PST

The City of Santa Clarita sought to expand an existing hospital in the City. The California Environmental Quality Act (CEQA) requires agencies to "mitigate or avoid the significant effects on the environment of projects that it carries out or approves whenever it is feasible to do so." ...