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PUBLIC AGENCY LAW
Public agencies are subject to a variety of laws intended to ensure government accountability and openness. The firm regularly provides advice on these issues in its role as the city attorney for the Cities of Saratoga and Orinda and as general counsel to the Alameda County Waste Management Authority and the cooperative open space planning group consisting of the Cities of Benicia, Fairfield and Vallejo and Solano County. Public agency administration and accountability issues also arise in connection with other matters the firm is handling for its community group and public agency clients.
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The firm currently serves as the City Attorney for the City of Saratoga and the City of Orinda. The firm advises on the full range of issues arising in the course of City operations. These include advising the City Council at its meetings regarding open meeting laws and legal issues associated with the various matters before the Council, working with the City Manager and department heads to implement City policy in accord with various legal restrictions, assisting City staff with regard to code enforcement, and drafting ordinances, resolutions, contracts, permit conditions, easements, and other legal documents for the City. The firm also represents the Cities in litigation and retains and supervises outside counsel for specialized matters outside the firm’s areas of expertise. The firm also works with the Cities to update ordinances to allow more effective enforcement and administration.
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The Alameda County Waste Management Authority is a joint powers agency comprised of Alameda County, all the cities in that county and two sanitary districts. The Authority is responsible for preparation of the Countywide Integrated Waste Management Plan and management of a budget of approximately $15 million per year for waste reduction and waste management planning. Shute, Mihaly & Weinberger LLP advises the Authority on all aspects of its operation and organization, including public meetings, access to public records, public contracting issues, CEQA, the Integrated Waste Management Act, the effect of Proposition 218 and other constitutional restrictions on the Authority’s ability to impose fees and other charges on waste disposal. In addition, the firm assists the Authority with labor and personnel issues as they arise. The firm represented the Authority in acquiring approximately 1800 acres of land for a potential integrated waste management facility and represents the Authority in its ongoing management of the residential, windpower, and grazing uses on that land.
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The firm serves as outside counsel to the Bay Area Air Quality Management District Hearing Board for all matters related to its mission. The scope of the firm’s representation includes the interpretation of the governing air quality statutes and regulatory requirements as well as compliance with the Brown Act, conflict of interest laws, the Public Records Act, and the Board’s administrative procedures.
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The Tri-City and County Cooperative Planning Group is a joint powers agency dedicated to planning for and protecting certain agricultural and open space lands in Solano County. The firm serves as general counsel to the agency. The firm has advised the agency on rules of procedure for governing board meetings, compliance with the Political Reform Act, Brown Act, Public Records Act, and California Environmental Quality Act. In addition, the firm has advised the agency in connection with acquisitions of land and easements in land as well as planning and zoning law requirements. The firm defended the agency in litigation challenging the agency’s open space plan and represented the agency in settlement negotiations leading to a development agreement providing assured public access to open space lands designated for public access in the agency’s open space plan.
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The firm has assisted local government clients in responding to large-scale requests for documents made under the California Public Records Act (CPRA). The firm has provided advice on the nature and extent of governmental obligations under the Act, recommended comprehensive strategies for responding to large numbers of records requests, coordinated document review and file management, and advised on issues of privilege, record retention, and the CPRA and the California Environmental Quality Act
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On behalf of community group clients, the firm regularly requests and obtains documents from federal and state public agencies under the Freedom of Information Act and California Public Records Act, respectively. The firm also advises its community group clients regarding the nature and extent of public agencies’ obligations to hold open meetings and accept public input.