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California Municipal Law Blog
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Proposition 26 Does Not Impose A Fundamental Right To Vote On Limited Purpose Assessments

by on July 8, 2018

posted in Propositions 13/26/218, Recent Court Decisions, Uncategorised,

The electorate does not have a fundamental right to vote on an assessment levied upon a specific group of taxpayers for a limited (non-general governmental) purpose, a California Appellate court found in Reid et al. v. City of San Diego et al.  In Reid, plaintiffs challenged a two percent assessment levied on lodging businesses operating in the City with 70 or more sleeping rooms by the City of San Diego Tourism Marketing District (TMD) to fund coordinated joint marketing and promotional activities for tourism development as violative of Proposition 26 and the Equal Protection Clause, among ... Continue Reading

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tags: Proposition 26, tourism marketing district,

The Feds’ New Lawsuit Against State “Sanctuary City” Laws: What’s At Issue

by on March 13, 2018

posted in Law Enforcement, Legislative Updates, Uncategorised,

On March 7, 2018, U.S. Attorney General Jeff Sessions announced a lawsuit challenging California’s “sanctuary” state laws.  This is only one in a series of actions that Attorney General Sessions’ has taken to curtail “sanctuary” efforts in the United States. While the term “sanctuary” city or state does not have a precise definition, it generally refers to a jurisdiction that limits its cooperation with federal immigration authorities.  The idea behind a “sanctuary” city or state is to reduce the fear of deportation among immigrants living in a jurisdiction illegally, ... Continue Reading

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tags: AB 103, AB 450, Edward Byrne Memorial Justice Assistance Grant, Jeff Sessions, Sanctuary City, SB 54,

Governor Signs Law to Require Agency Reports Before Approving Changes to Executive Compensation or Benefits

by on August 23, 2016

posted in Legislative Updates, Meetings, Uncategorised,

On August 23, 2016, Governor Brown signed SB 1436 (Bates), which mandates that local agencies report out certain information before changing the compensation or benefits of their “executives.”  Under this new law, legislative bodies (e.g., city councils, boards of supervisors, or boards of directors) for agencies must “orally report a summary of a recommendation” for changes in salaries or benefits before voting for the changes.  The votes must then take place in the open session portions of their meetings. SB 1436 is part of an evolving trend toward requiring greater transparency concerning ... Continue Reading

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tags: city of bell, closed session, executive compensation, open session, oral report, Public meetings, sb 1436,

Not All Bidders’ Errors Are Fatal Flaws

by on November 4, 2014

posted in Public Works, Uncategorised,

It happens all too frequently: your city or county receives a good bid on a public works project, and then discovers that the low bidder has made a mistake on the bid or omitted a necessary page of information.  An appellate case decided earlier this year, Bay Cities Paving & Grading, Inc. v. City of San Leandro holds that seemingly important bid flaws are not always fatal.    ... Continue Reading

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tags: bid bond, construction, low bidder, public works projects,