Shawn A. VanWagenen is Senior Counsel in Lozano Smith’s Fresno office. As a native of California's Central Valley, Mr. VanWagenen provides general counsel to school districts and cities as an active member of the Firm’s Local Government and Facilities & Business practice groups. Mr. VanWagenen works closely with clients to appreciate their organizations, culture and goals, so Lozano Smith can support administrators in developing the right solution for each legal issue.
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
- Effective Board Governance
- Charter Schools
Mr. VanWagenen has presented at various events including the Coalition for Adequate School Housing (CASH) annual conference, California Association of School Business Officials (CASBO) regional workshop series, trainings hosted by county offices of education, and Lozano Smith's Facilities & Business webinars. He also conducts regular client trainings on general board governance, the Brown Act, contracting, real property transactions, public works projects, and charter schools.
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.
January 2019Number 2Recent 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.Background In recent years, contractors have been required to utilize a "skilled and trained workforce" for "design-build" and "lease-lease...
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 ...