Best Best & Krieger News Feed

Hillsborough Residents File Suit Over Water Rates

02 Dec 2016 00:00:00 -0800

Best Best & Krieger LLP Partner Kelly Salt, who represents the City of Hillsborough, Calif., discussed with reporters a lawsuit filed over water rates. A group of wealthy residents claim the rates and laws intended to encourage water conservation are illegal. In interviews, Kelly said the rates comply with state law.

“The rates are structured to recover the costs of providing more water to those who demand more water,” she told the East Bay Times. “Do they incidentally encourage people to conserve? Yes. They send a price signal.”

Read the entire story, originally posted Nov. 30, 2016 in the East Bay Times, by clicking here.

Ontario Goes to Court to Remove Abandoned Shipping Containers

29 Nov 2016 00:00:00 -0800

Representing the City of Ontario, Best Best & Krieger LLP Partner Richard Egger is helping the City in its effort to remove shipping containers from agricultural areas, where they are not allowed, the Inland Valley Daily Bulletin reports.

Richard gave an update on the litigation process, including some settlements that are in the works.

To see the full article, which was posted to dailybulletin.com on Nov. 26, 2016, click here.

Best in Law: Employers, Be Aware of Just-signed Laws

28 Nov 2016 00:00:00 -0800

By D. Brian Reider

As we wind up this year and look back on the election, legislation passed in California and recent court decisions, there are multiple issues for employers to watch for in the next year, and beyond. Two recently signed bills are worth note.

First, if a business establishment has “single user” restrooms available to the public, Assembly Bill 1732, recently signed into law by Gov. Jerry Brown, requires that, by March 1, the restroom be identified as “all gender” and be universally accessible. New signage must be installed to make it clear that the restroom is not intended solely for males or females. A “single user” restroom has no more than one water closet and one urinal and a locking mechanism controlled by the user.

Second, Brown signed Senate Bill 1234, which mandates that, eventually, all California businesses that employ at least five employees offer a retirement savings plan or make automatic payroll deposits into a state-sponsored program for the benefit of those employees.

The California Secure Choice Retirement Program will require that, at some point, (probably not until 2018), workers whose companies do not offer a retirement plan will have 3 percent of their wages deducted. The wages will be deposited into an account overseen by a soon-to-be-created state board. Workers can opt out of the deduction.

Another topic of concern for employers coming out of the election is the passage of Proposition 64, known as the Control, Regulate and Tax Adult Use of Marijuana Act. Effective immediately, adults 21 and over may legally use and grow marijuana for personal use, and, beginning in January 2018, it will be legal to sell the drug.

The Act contained a number of protections for employers, who will be allowed to develop or maintain drug-free workplace policies, regardless of whether the marijuana use is medicinal or recreational. Employers are also allowed to continue pre-employment screening and limited testing of current employees for marijuana. The policies a company will need to protect itself are complex, and a knowledgeable attorney should be consulted to ensure compliance with both California and federal laws.

Finally, one recent California court decision is worth mentioning. It relates to what must appear on an employee’s wage statement – a mundane sounding issue that can have serious implications if an employer is sued for failure to comply with state law.

In Soto v. Motel 6, Operating L.P., an employee class action claim was filed in which it was alleged that the employer failed to include the monetary amount of accrued vacation pay in the employees’ wage statements. This was claimed to be a violation of California Labor Code section 226, which has detailed requirements for what must be on a wage statement.

The Court of Appeal upheld a trial court decision that dismissed the lawsuit, holding that, under section 226, accrued vacation was not required to be listed on the paystub. The reason, fundamentally, was that the purpose of the wage statement is to tell the employee what they are actually being paid at that time so they can object to any omissions or inconsistencies. The case serves as a good reminder that every employer should have an expert review employee paystubs to ensure that all required information is included.

This article first appeared in the Press-Enterprise on Nov. 27, 2016. Republished with permission.

Drought Policies, Price of Water Lands in Court

17 Nov 2016 00:00:00 -0800

A group of Hillsborough residents is suing the town over water rate hikes during the drought. Best Best & Krieger LLP attorney Kimberley Hood, representing the town, told the San Mateo Daily Journal: “I think agencies are trying to do the best they can to recoup their costs of service while complying with Prop. 218 and also trying to deal with an unprecedented period of drought.”

“The goal is just to make sure that you’re covering your cost of service and it’s always been clear since Prop. 218 that you can’t be making a profit,” she said. “But the courts have allowed some flexibility in how they [cover costs].”

Click here to read the entire article, which originally appeared in the San Mateo Daily Journal on Nov. 16, 2016.

Mills Takes Over as FPUD Legal Counsel

11 Nov 2016 00:00:00 -0800

The Fallbrook & Bonsall Village News reported on the Fallbrook Public Utility District’s selection of Best Best & Krieger LLP Partner Paula de Sousa Mills as general counsel. The FPUD Board voted to approve an agreement with BB&K on Sept. 26 following a proposal process.

“The Fallbrook Public Utility District has had a long and very positive relationship with BB&K over the years as special counsel on various issues,” FPUD General Manager Brian Brady told the newspaper.

Click here to read the entire article, posted Nov. 11, 2016 to the VillageNews.com.

Op-Ed: Automated Vehicles and Minding the Looming Infrastructure Gap

11 Nov 2016 00:00:00 -0800

Best Best & Krieger LLP attorney Gregory Rodriguez authored “Automated Vehicles and Minding the Looming Infrastructure Funding Gap,” published this week in Transportation Weekly, a publication by the Eno Center for Transportation. The opinion piece discusses how, as the country moves forward after the election, infrastructure is expected to be a major area of focus by the new administration. With the perfect innovation storm hitting our transportation system, any transportation funding discussions should also include how we pay for any supporting infrastructure determined necessary for driverless and connected vehicles to operate safely on our local roads, he wrote.

Click here to read the article, originally posted Nov. 7, 2016 on Transportation Weekly.

Read more about autonomous vehicles on our blog for public agencies, BBKnowledge.com, which includes information regarding the comment period ending Nov. 22 on the Department of Transportation’s Federal Automated Vehicles Policy.

Endangered Fish v. Humans: The Fight Over Competing Water Needs

09 Nov 2016 00:00:00 -0800

By Gene Tanaka

The struggle to allocate scarce water resources between endangered and threatened fish and humans is not new. But droughts in the Southwest, which lower stream flows, and population increases, which raise demand, have diminished the available water. These factors have exacerbated existing threats to protected fish species, such as greater variability in stream flows, increased water temperatures, fertilizers and overfishing. The consequences are playing out before federal and state administrative agencies and courts and will be felt by the public, which depends on surface water supplies.

This article discusses the threat posed by reduced stream water levels, examines the response by the United States Environmental Protection Agency, California State Water Resources Control Board and other regulatory agencies to set numerical stream flow requirements, and analyzes the law regarding the regulators response.

To read the entire article, which was published in the September/October 2016 edition of International Municipal Lawyer Association’s Municipal Lawyer magazine, click here. Reprinted with permission.

New Laws of 2017 Series Part I: Parcel Taxes and Property Related Fees

08 Nov 2016 00:00:00 -0800

This article leads off a series of e-News articles focusing on new laws that will impact special districts. Assembly Bill 2476 and Assembly Bill 2801 were signed into law on Sept. 9 and Aug. 30, respectively. Beginning Jan. 1, these two bills will create new procedural and record-keeping requirements for special districts when levying parcel taxes or property-related fees.

Click here to read, “New Laws of 2017 Series Part I: Parcel Taxes and Property Related Fees,” by Best Best & Krieger LLP attorney Lutfi Kharuf.

Best in Law: How to Navigate Legal Pitfalls of Using Airbnb

30 Oct 2016 00:00:00 -0800

By SCOTT DITFURTH

Services such as Airbnb and VRBO offer service-sharing alternatives to traditional hotels and rentals. Indeed, these online platforms now provide a billion-dollar service around the world.

While municipal laws, such as those enacted in San Francisco, Santa Monica and Anaheim, are being put in place to regulate short-term rentals, services like Airbnb and VRBO are here to stay.

If you are looking to jump on the Airbnb bandwagon, either as a host or a tenant, there are certain legal issues to know before taking the plunge.

Check Local Regulations
Different cities have various laws and regulations for offering rentals via Airbnb. For instance, some municipalities restrict the location of the rental or the length of time the rental can be used.

Additionally, regulations may require an Airbnb host to register or obtain a permit to operate.

Finally, some types of short-term rentals may be prohibited altogether. Law and regulations vary depending on the jurisdiction, and on what restrictions are in place or how the regulations are enforced. Penalties may include fines or other enforcement.

Pay Your Taxes
Services like Airbnb can provide a decent income stream to help pay bills or earn extra money.

However, almost every jurisdiction requires taxes to be paid for hosting a short-term rental on Airbnb. Because most of the rentals on Airbnb are short-term, transient occupancy taxes, such as those associated with hotels, may be applicable. This is why, before listing a short-term rental on Airbnb, you should understand the laws of the city and county in which the property is located.

Know Your Rights
Beginning in 2016, California law requires any “hosting platform” to provide a warning that such a listing could lead to legal action and eviction. This was a result of individuals violating their lease to list their property on Airbnb or other host-sharing platforms. Listing a property on Airbnb may be viewed as an illegal sublease, which could be cause for eviction.

Know Tenants’ Rights
What happens when the Airbnb guest refuses to leave? This is where the issue of Airbnb eviction arises. Under California law, short-term tenants, such as those booked through Airbnb, may acquire tenant rights by satisfying certain criteria, including living in and payment of rent for 30 days.

After these rights are acquired, the Airbnb tenant cannot be removed as a trespasser, but rather must be evicted formally through the unlawful detainer process.

The unlawful detainer process requires that the host give formal notice to the tenant of their eviction and, if unsuccessful, file an unlawful detainer complaint in court to evict the tenant.

The unlawful detainer process may take several months to complete.

At this point, you may be asking, “How do I avoid this from happening?” Well, the truth is, there may be nothing you can do to completely avoid this situation if you are hosting an Airbnb tenant for more than 30 days. However, there are certain things you can do to reduce or minimize the risk.

First, contact Airbnb immediately if the tenant will not leave after their stay. Also, before agreeing to host a tenant on Airbnb, do your homework. Make sure the tenant is dependable and reliable. Reviews are set up on Airbnb to help facilitate this.
Next, put your agreement with the tenant in writing. This may not avoid you having to file an unlawful detainer action, but it will provide you with a stronger case if you do have to go to court.
Next, get an upfront security deposit from the tenant.
Finally, become familiar with the landlord/tenant laws in your area.

Indeed, Airbnb says it warns hosts that it is their responsibility to know the laws of their jurisdiction.

This article first appeared in The Press-Enterprise on Oct. 30, 2016. Republished with permission.

BB&K’s Reimagining the Cadillac Desert

27 Oct 2016 00:00:00 -0800

In a three-part series, Maven’s Notebook shared a recap of Best Best & Krieger LLP’s day-long “Reimagining the Cadillac Desert” event. Held on Sept. 15, the event included gathered leaders and experts in design, municipal planning, academia, agriculture, policy, finance and technology to share their visions for the West’s water future. Click here to learn more about the event, and to watch videos of the sessions.

From Maven’s Notebook:
REIMAGINING THE CADILLAC DESERT, Part 1: Are We in a Forever Drought?
REIMAGINING THE CADILLAC DESERT, Part 2: Where Will the Water Come From?
REIMAGINING THE CADILLAC DESERT, Part 3: How are Cities Looking at Water?