public agency requirement (California) · Go Syfert
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public agency requirement in California

9 California opinions name it 2 courts 1997–2023 1 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Taxpayers for Accountable School Bond Spending v. San Diego Unif. School Dist. CA4/1green
calctapp · 2013 · cited in 2 California opinions naming this issue, 2018–2018
2 sentences

2018Subdivision (b) "does not relieve a public agency of the requirement to analyze a project's potentially significant transportation impacts related to air quality, noise safety, or any other impact associated with transportation," but clarifies, "the adequacy of parking for a project shall not support a finding of significance pursuant to this section." (§ 21099, subd. (b)(3).) 13 *727 In arguing section 21099 does not exempt the parking impacts alleged here *563 from review, CRRD emphasizes subdivision (b)(3)'s requirement that transportation-linked environmental impacts continue to be analyze

2018Subdivision (b) "does not relieve a public agency of the requirement to analyze a project's potentially significant transportation impacts related to air quality, noise safety, or any other impact associated with transportation," but clarifies, "the adequacy of parking for a project shall not support a finding of significance pursuant to this section." (§ 21099, subd. (b)(3).) 13 *727 In arguing section 21099 does not exempt the parking impacts alleged here *563 from review, CRRD emphasizes subdivision (b)(3)'s requirement that transportation-linked environmental impacts continue to be analyze

12
Nguyen v. City of Westminstergreen
calctapp · 2002 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023Subdivision (d) of that statute defines “ ‘[r]egular and periodic training’ ” as “annual training that shall include, at a minimum, coverage of each of the subjects and elements set forth in subdivision (c) and that shall comply, at a minimum, with the training guidelines established pursuant to Section 13519.8 of the Penal Code.” Penal Code section 13519.8 requires the Commission on Peace Officer Standards and Training to implement training courses on high-speed vehicle pursuits. 10 question is whether the plaintiff’s injuries resulted from the collision of a vehicle being operated by a fleei

11
Lewis v. County of Sacramentogreen
calctapp · 2001 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023Subdivision (d) of that statute defines “ ‘[r]egular and periodic training’ ” as “annual training that shall include, at a minimum, coverage of each of the subjects and elements set forth in subdivision (c) and that shall comply, at a minimum, with the training guidelines established pursuant to Section 13519.8 of the Penal Code.” Penal Code section 13519.8 requires the Commission on Peace Officer Standards and Training to implement training courses on high-speed vehicle pursuits. 10 question is whether the plaintiff’s injuries resulted from the collision of a vehicle being operated by a fleei

11
Ramirez v. City of Gardenagreen
cal · 2018 · cited in 1 California opinions naming this issue, 2019–2019
1 sentence

2019Vehicle Code section 17004.71 provides a public agency immunity from liability for collisions involving vehicles being pursued by peace officers if the agency “adopts and promulgates a written policy on, and provides regular and periodic training on an annual basis for, vehicular pursuits . . . .” (§ 17004.7, subd. (b)(1); see also Ramirez v. City of Gardena (2018) 5 Cal.5th 995, 997 (Ramirez).) Plaintiff and appellant William Riley (Riley) was injured when a car being pursued by officers employed by defendant and respondent Alameda County Sheriff’s Office (Sheriff) ran a red light and collide

11
Bean v. Pacific Coast Elevator Corp.green
calctapp · 2015 · cited in 1 California opinions naming this issue, 2015–2015
2 sentences

2015(Bean v. Pacific Coast Elevator Corp. (2015) 234 Cal.App.4th 1423, 1427 [ 185 Cal.Rptr.3d 63 ].) A public agency may test the legal validity of certain of its acts by filing an in rem action within 60 days.

2015(Bean v. Pacific Coast Elevator Corp. (2015) 234 Cal.App.4th 1423, 1427 [ 185 Cal.Rptr.3d 63 ].) A public agency may test the legal validity of certain of its acts by filing an in rem action within 60 days.

11
International Brotherhood of Electrical Workers, Local Union 1245 v. City of Gridleygreen
cal · 1983 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014Code, § 3507, subds. (a)(5), (d).) It is well settled that “[t]he scope of local government rulemaking power under Government Code section 3507 is limited by the policies and purposes of the MMBA. ‘Although the Legislature did not intend to preempt all aspects of labor relations in the public sector, . . . [t]he power reserved to local agencies to adopt rules and regulations was intended to permit supplementary local regulations which are “consistent with, and effectuate the declared purposes of, the statute as a whole.” [Citation.]’ (Fn. omitted.)” (International Brotherhood of Electrical Wor

11
United Pub. Employees v. CITY & CTY. OF SAN FRAN.green
calctapp · 1987 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014Code,] § 3505.)” (Claremont Police Officers Assn. v. City of Claremont (2006) 39 Cal.4th 623, 630 ; see Voters for Responsible Retirement v. Board of Supervisors (1994) 8 Cal.4th 765, 781 (VFRR); United Public Employees v. City and County of San Francisco (1987) 190 Cal.App.3d 419, 423 (United Public Employees).) Although the MMBA sets forth certain procedures for the administration of labor relations,“[a] public agency may adopt reasonable rules and regulations” concerning “[a]dditional procedures for the resolutions of disputes involving wages, hours and other terms and conditions of employm

11
Huntington Beach Police Officers' Ass'n v. City of Huntington Beachgreen
calctapp · 1976 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014Code, § 3507, subds. (a)(5), (d).) It is well settled that “[t]he scope of local government rulemaking power under Government Code section 3507 is limited by the policies and purposes of the MMBA. ‘Although the Legislature did not intend to preempt all aspects of labor relations in the public sector, . . . [t]he power reserved to local agencies to adopt rules and regulations was intended to permit supplementary local regulations which are “consistent with, and effectuate the declared purposes of, the statute as a whole.” [Citation.]’ (Fn. omitted.)” (International Brotherhood of Electrical Wor

11
Hills for Everyone v. Local Agency Formation Commission of Orange Countygreen
calctapp · 1980 · cited in 1 California opinions naming this issue, 2014–2014
2 sentences

2014(Hills for Everyone v. Local Agency Formation Com. (1980) 105 Cal.App.3d 461, 466 [ 164 Cal.Rptr. 420 ] (Hills for Everyone).) Currently, the requirement for the use of a validating action is set forth in section 56103, which provides: “An action to determine the validity of any change of organization, reorganization, or sphere of influence determination completed pursuant to this division shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.” 5 *559 Code of Civil Procedure section 860 provides that a public agency may test t

2014(Hills for Everyone v. Local Agency Formation Com. (1980) 105 Cal.App.3d 461, 466 [ 164 Cal.Rptr. 420 ] (Hills for Everyone).) Currently, the requirement for the use of a validating action is set forth in section 56103, which provides: “An action to determine the validity of any change of organization, reorganization, or sphere of influence determination completed pursuant to this division shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.” 5 *559 Code of Civil Procedure section 860 provides that a public agency may test t

11
Voters for Responsible Retirement v. Board of Supervisorsgreen
cal · 1994 · cited in 1 California opinions naming this issue, 2014–2014
1 sentence

2014Code,] § 3505.)” (Claremont Police Officers Assn. v. City of Claremont (2006) 39 Cal.4th 623, 630 ; see Voters for Responsible Retirement v. Board of Supervisors (1994) 8 Cal.4th 765, 781 (VFRR); United Public Employees v. City and County of San Francisco (1987) 190 Cal.App.3d 419, 423 (United Public Employees).) Although the MMBA sets forth certain procedures for the administration of labor relations,“[a] public agency may adopt reasonable rules and regulations” concerning “[a]dditional procedures for the resolutions of disputes involving wages, hours and other terms and conditions of employm

11
Kishida v. State of Californiagreen
calctapp · 1991 · cited in 1 California opinions naming this issue, 1997–1997
1 sentence

1997The statute contains incentives for agencies to adopt safe vehicular pursuit policies, “ ‘while leaving to these agencies the fundamental law enforcement decisions about when to undertake a pursuit . . . .’” (Kishida v. State of California, supra, 229 Cal.App.3d at p. 335.) Nothing in the statute mandates a categorical rule about radios—or explorer scouts.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
San Franciscans Upholding the Downtown Plan v. City & County of San Francisco green
calctapp · 2002
2 sentences

2018In San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.App.4th 656 , 125 Cal.Rptr.2d 745 ( San Franciscans ) the First District observed, "[T]here is no statutory or case authority requiring an EIR to identify specific measures to provide additional parking spaces in order to meet an anticipated shortfall in parking availability.

2018In San Franciscans Upholding the Downtown Plan v. City and County of San Francisco (2002) 102 Cal.App.4th 656 , 125 Cal.Rptr.2d 745 ( San Franciscans ) the First District observed, "[T]here is no statutory or case authority requiring an EIR to identify specific measures to provide additional parking spaces in order to meet an anticipated shortfall in parking availability.

22018–2018
Claremont Police Officers Ass'n v. City of Claremont green
cal · 2006
1 sentence

2014Code,] § 3505.)” (Claremont Police Officers Assn. v. City of Claremont (2006) 39 Cal.4th 623, 630 ; see Voters for Responsible Retirement v. Board of Supervisors (1994) 8 Cal.4th 765, 781 (VFRR); United Public Employees v. City and County of San Francisco (1987) 190 Cal.App.3d 419, 423 (United Public Employees).) Although the MMBA sets forth certain procedures for the administration of labor relations,“[a] public agency may adopt reasonable rules and regulations” concerning “[a]dditional procedures for the resolutions of disputes involving wages, hours and other terms and conditions of employm

12014–2014
Hayward Area Planning Ass'n v. City of Hayward green
calctapp · 2005
1 sentence

2008(Id. at p. 183.) However, language in section 21167.6, subdivision (b)(1) that “ ‘[t]he parties shall pay any reasonable costs or fees imposed for the preparation of the record of proceedings in conformance with any law or rule of court’ ” was ambiguous, the court added. ( 128 Cal.App.4th at p. 183 .) On the one hand, “[bjecause the provision appears in subdivision (b)(1), which authorizes the public agency to prepare the record, it can be construed to permit only the public agency to claim those costs.

12008–2008

Where else courts name it

CA 9 (1997–2023) NY 3 (1998–2011) OR 2 (1983–1983) NC 2 (2021–2021) IN 2 (2002–2003)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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