Entries by Michael Travis

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Court Issues Ruling in Favor of State Allocation Board in Lawsuit Regarding Level III Developer Fees

On May 25, 2016 the State Allocation Board (“SAB”) voted to authorize Level III Developer Fees, consistent with Government Code section 65995.7. Shortly thereafter the California Building Industry Association (“CBIA”) filed a lawsuit in the Sacramento Superior Court challenging the action of the SAB, in a case entitled California Building Industry Association v. State Allocation […]

Sacramento Superior Court Issues Tentative Ruling in Favor of State Allocation Board in Lawsuit Regarding Level III Developer Fees

As you will recall, on May 25, 2016 the State Allocation Board (“SAB”) voted to authorize Level III Developer Fees, consistent with Government Code section 65995.7. Shortly thereafter the California Building Industry Association (“CBIA”) filed a lawsuit in the Sacramento Superior Court challenging the action of the SAB, in a case entitled California Building Industry […]

Attorney Michael T. Travis to Appear as Panelist at 34th Annual OC LERA Labor and Employment Law Conference

The Orange County Labor and Employment Relations Association (“OC LERA”)  is holding its 34th Annual Labor and Employment Law Conference on July 27, 2016 at the Anaheim Sheraton Park Hotel. This annual conference is co-sponsored by the National Labor Relations Board, OCLERA, and the Federal Mediation and Conciliation Service. The conference will provide practical information on […]

Students Entering Kindergarten or 7th grade Can No Longer Rely on Personal Belief Exemptions to Avoid Vaccination Requirements

  July 1, 2016  SB 277 Reminder: Law Now Fully In Effect Effective today, July 1, 2016, students entering kindergarten or 7th grade (known as “vaccination checkpoints”) must be vaccinated and can no longer rely on a personal belief exemption (“PBE”).  Students who have a PBE may be “grandfathered in” if they are not entering […]

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Court of Appeal Rules Competitive Bids Not Required for School District Entering Into Lease-Leaseback Contracts for New Facilities

May 16, 2016 The California Court of Appeal has issued a new decision regarding the use of lease-leaseback  agreements for school construction projects.  In the case entitled Mcgee v. Balfour Beatty Construction LLC, (Cal App., 2016 DJDAR 4306) plaintiff McGee brought suit against defendants Balfour Beatty and the Torrance Unified School District. Torrance had entered […]

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State Increases Limits to Developer Fees and Contracting Amounts

Update: On February 24, 2016, the State Allocation Board approved adjustments to the Level I developer fees.  The residential development amount was increased to $3.48 per square foot (from $3.39) and $0.56 per square foot for commercial/industrial development (increased from $0.55).  The change was the result of a miscalculation in the original amounts approved at […]

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Use of Lease-Leaseback Contracting Method in light of Davis v. Fresno Unified School District

For the past several years, school districts throughout the State of California have increasingly utilized the lease-leaseback contracting method to complete their new construction and modernization projects. Since 1957, the Legislature has provided an exemption to the normal design-bid-build competitive bidding process under Education Code section 17406(a)(1) which permits a lease-leaseback structure for builder-financed construction. […]