Kelly M. Rem is a Partner in Lozano Smith's Walnut Creek Office. Ms. Rem specializes in Facilities and Business law and Litigation.
Ms. Rem has extensive experience advising clients regarding CEQA issues, including procedural requirements, deadlines and statutes of limitation, exemptions, and adequacy of environmental impact reports and other documents. She represented the California School Boards Association as amicus curiae
in the matter of Berkeley Hillside Preservation v. City of Berkeley
, a recent CEQA case before the California Supreme Court. She also has extensive eminent domain experience, and assists school districts with a variety of real property issues including sale and lease transactions, land use and zoning issues, and surplus property requirements. Ms. Rem is experienced in reviewing and providing advice to clients relating to various types of business contracts. She also regularly advises clients regarding school facilities fees and construction matters.
Ms. Rem has presented at various events including the California Association of School Business Officials (CASBO) annual conference and local workshops, and Lozano Smith's Facilities and Business workshops and webinars. She is particularly experienced in presenting topics related to purchasing, public bidding, and construction issues.
Ms. Rem received her Juris Doctor degree from University of California, Hastings College of the Law. As a student, she worked as a Senior Articles Editor for the Hastings Communications and Entertainment Law Journal
. She also authored an article entitled Idea Protection in California: Are Writers Too Readily Compensated for Their Ideas?
28 HASTINGS COMM. & ENT. L.J. 333 (2006).
She earned her Bachelor of Arts degree from the University of Michigan, where she was a member of the Delta Epsilon Iota National Honor Society, and participated in a Summer Study Abroad Program in Dublin, Ireland.
Ms. Rem is admitted to the Central District of California.
A California appellate court has ruled that lay public opinions on nontechnical issues concerning a project's size and general appearance can provide substantial evidence of environmental impact, triggering the need to prepare an environmental impact report (EIR) under the California Environmental Quality Act (CEQA).
The California Environmental Quality Act
CEQA generally requires public agencies to identify potentially significant impacts of projects they ca...
Numerous California laws surrounding food service funding and nutritional guidelines for school districts, charter schools, and county offices of education are set to change next school year. Assembly Bills (AB) 2271 and 3043 will increase or expand the use of available state funding for food service equipment and other food services, and will modify certain pupil nutrition guidelines.
Existing State Aid Expansion and New State Matching Grant for Equipment
New requirements for using federal funds become effective this coming fiscal year. The requirements apply to non-federal entities such as school districts, institutions of higher learning, and state and local governments.
In order to comply with the new rules, non-federal entities seeking federal funds may need to revise their board policies and administrative regulations, contract documents, and other internal procedures by the beginning of their 2018-2019 fiscal y...
Many school districts throughout the state have recently received one or more California Public Records Act (CPRA) requests from the California Taxpayers Action Network (CalTAN) and the Carlin Law Group regarding lease-leaseback (LLB) transactions. CalTAN and the Carlin Law Group filed multiple lawsuits against school districts in the past regarding lease-leaseback practices, and this CPRA request may be a precursor to future litigation.
The first of the recent CPRA...
A California court has confirmed that school districts are authorized to assess Level 1 developer fees against interior common areas of apartment buildings, including hallways and walkways.
School districts have received pushback from developers regarding whether "assessable space" includes interior common areas. With its decision in 1901 First Street Owner, LLC v. Tustin Unified School District, the court has provided districts with legal authority for imposing fe...
The State Allocation Board (SAB) has increased the amount of "Level 1" developer fees that school districts are authorized to collect to $3.79 per square foot of residential development and $0.61 per square foot of commercial development. The increase takes effect immediately, and may now be implemented by school districts through local action.
The new rates, which the SAB approved on January 24, 2018, represent an 8.78 percent increase over the maximum amounts a...
Governor Jerry Brown has signed four bills that update purchasing rules related to school food and nutrition programs and improve access to healthy food. Each of these bills will take effect January 1, 2018.
Senate Bill 544: Bill Offers Clarity on Food Contract Award Rules
Senate Bill (SB) 544 resolves an inconsistency between state and federal law regarding the award of contracts in support of child nutrition programs by clarifying that school districts can c...
The Fourth District Court of Appeal has ruled that the execution of a purchase and sale agreement for real property that is contingent upon compliance with the California Environmental Quality Act (CEQA) does not trigger a public agency's duty to prepare an environmental impact report (EIR) under CEQA.
The California Environmental Quality Act
CEQA is a complicated body of law which requires public entities to consider environmental effects of their projects ...
A California court decision has cleared the way for eligible school districts to begin charging Level 3 developer fees to fund new school construction.
The Third District Court of Appeal had previously issued a "stay," or a legal hold, on a decision from the Sacramento County Superior Court that would allow eligible districts to collect Level 3 fees. On November 1, 2016, the court denied a request from the California Building Industry (CBIA) to continue the stay. Immediate...
Effective January 1, 2017, a new claims resolution process will be required for all public works projects. On September 29, 2016, Governor Jerry Brown approved Assembly Bill (AB) 626, which adds section 9204 to the Public Contract Code. The law is aimed at assisting contractors in enforcing claims against public agencies. Currently, the law requires public agencies to follow a certain claims process for claims that are $375,000 or less. Section 9204 will apply to all c...
School districts selling or leasing surplus property are no longer required to first offer that property to interested charter schools. The requirement has expired and is no longer effective as of July 1, 2016.
Surplus property is real property belonging to a school district that is not needed for school classroom buildings. Before a school district can dispose of surplus property, it must generally take certain steps, which include making written offers or solicita...
Lozano Smith Alert
As Lozano Smith reported yesterday, the State Allocation Board (SAB) took unprecedented action this week authorizing eligible school districts to collect ‘Level 3’ developer fees. The litigation that was threatened and that was mentioned in our client news brief has become a reality. On the same day that SAB approved Level 3 fees, the California Building Industry Association (CBIA) filed a Petition for Writ of Mandate in Sacramento County Superior Court....
*** Update: May 27, 2016***
The litigation that was threatened and that was mentioned in the below client news brief has become a reality. Details here.
The State Allocation Board (SAB) has taken the unprecedented step of determining that state funding is no longer available for apportionment for school facilities, triggering some school districts’ eligibility to collect higher ‘Level 3’ fees for the first time ever.
The Board’s historic May 25 decision ...