Shawn A. VanWagenen is Senior Counsel in Lozano Smith’s Fresno office. As a native of California's Central Valley, Mr. VanWagenen assists area clients through legal challenges related to facilities and business issues, specializing in transactional matters affecting school districts.
Mr. VanWagenen assists school districts in a variety of areas, including:
- Real property issues
- Contract development review and negotiation
- Land use and zoning
- Sale and lease transactions
- CEQA matters
- Brown Act and Public Records Act
Mr. VanWagenen has presented at various events including the California Association of School Business Officials (CASBO) regional workshop series, and Lozano Smith's Facilities and Business webinars. He is particularly experienced in presenting topics related to purchasing and contracting.
Mr. VanWagenen received his Juris Doctor from University of the Pacific, McGeorge School of Law. He earned a Bachelor of Arts in Spanish with a minor in Business Management from Brigham Young University.
Mr. VanWagenen is a member of the State Bar of California and is admitted to the Eastern District of California.
Recent legislation modifies the skilled and trained workforce requirement for certain public works projects, shifting much of the burden for compliance to subcontractors. The new law also authorizes the California Labor Commissioner to investigate suspected violations of the statute and impose civil penalties in specified circumstances.
In recent years, contractors have been required to utilize a "skilled and trained workforce" for "design-build" an...
A California appellate court has held that a public entity violated the California Environmental Quality Act (CEQA) by preparing an addendum to a mitigated negative declaration. In Friends of the College of San Mateo Gardens v. San Mateo County Community College District (2017) 11 Cal.App.5th 596, the court found that proposed changes to the District's original facilities project might have a significant effect on the environment, requiring further analysis, rather tha...
Last month, the Federal Communications Commission (FCC) confirmed that in limited circumstances, schools may make robocalls to their student community without violating the Telephone Consumer Protection Act (TCPA). The FCC determined that schools could "lawfully make robocalls or send automated texts to student family wireless phones pursuant to an 'emergency purpose' exception or with prior express consent."
The ruling provides much-needed guidance for schools...
A recent court decision has again opened the door for eligible school districts to impose 'Level 3' developer fees. As Lozano Smith previously reported, the State Allocation Board (SAB) took unprecedented action in May to authorize eligible school districts to collect Level 3 fees. SAB's determination that state funds are no longer available for new school construction, which triggers the Level 3 fees, was challenged in court by the California Building Industry Assoc...
Local educational agencies (LEAs) must act soon to be eligible for funding under the Proposition 39 program. The California Energy Commission (CEC) stated earlier this month that energy expenditure plans (EEPs) will not be accepted after August 1, 2017. That leaves less than one year for LEAs to complete their EEPs.
The California Clean Energy Jobs Act, enacted by voter initiative (Prop 39) in 2012, provides funds to all LEAs in California for a variety of energy ...
The future of solar energy projects for public agencies looks bright, as two important incentives expected to expire at the end of the year have instead been renewed. Specifically, the federal Solar Investment Tax Credit (ITC), which supports most power purchase agreements (PPAs), was set to expire December 31, 2016. In addition, by most estimates, the current Net Energy Metering program that the investor-owned utilities have up until now offered to their public ag...
In a unanimous decision, the California Supreme Court recently issued a ruling that extends the scope of design immunity for public agencies. Hampton v. County of San Diego (Dec. 10, 2015, S213132) 2015 Cal.Lexis 9854 (Hampton) clarifies that a public agency need not necessarily show that an employee approving a public works project followed, or was even aware of, applicable design standards to claim immunity. However, such an inquiry is still relevant in deciding ...