New Partnership Tackles Bay, Valley Growth Questions: IRP Urges Better Jobs-Housing Coordination in 5-County Region

A five-county "Inter-Regional Partnership" between the Bay Area and the Central Valley is taking more tangible form. The Partnership will ask the Legislature this year for a pilot project to designate housing and job "incentive zones" — similar to enterprise zones — that would include a re-distribution of existing property tax revenue and streamlined environmental review to encourage better jobs-housing balance. The Partnership is also seeking $625,000 in state funding to integrate computer mappin...

Lancaster, Palmdale Approve Truce in Retail Dispute

The cities of Lancaster and Palmdale have agreed to bury the hatchet — and, for once, not in the other jurisdiction’s back. Early this year, both city councils adopted "anti-piracy" resolutions in which they pledged not to offer incentives to businesses located inside the other’s borders.

For years, the two cities have engaged in classic battles over retail businesses. But some recent changes on the Palmdale City Council and the business community’s leadership appear responsible for the removal ...

Central Valley Project: Court Orders Feds to Build Agricultural Irrigation Drain

The Interior Department is obliged to build an agricultural drain for land irrigated by the San Luis Unit of the Central Valley Project, the Ninth Circuit U.S. Court of Appeals has ruled. The 40-year-old San Luis Act called for a system in which water, after being used for irrigation, would drain to the Bay Delta. But the Interior Department never completed the drain, a situation that created the environmental crisis that killed or maimed thousands of birds at Kesterson Reservoir during the 1980s....

Adult Bookstore Application Process Fails Before Ninth Circuit

A City of Las Vegas ordinance regarding adult bookstore permits has been declared unconstitutional by the Ninth Circuit U.S. Court of Appeals. The ruling in the case, known as Baby Tam II, came despite amendments to city ordinance, state law and court rules of practice that were intended to cure defects of an earlier law that the Ninth Circuit declared invalid in 1998.

Cal Supremes Return Pool Hall Hours for New Review

The California Supreme Court has directed the Fourth District Court of Appeal to vacate a 1999 ruling in which the City of Riverside’s requirement that poolrooms be closed from 2 a.m. to 6 a.m. was declared unconstitutional.

In January 1999, a Fourth District panel ruled 2-1 that the Riverside ordinance violated poolroom owners’ equal protection rights. (See CP&DR Legal Digest, March 1999.) The court said the city’s law, which the owner of Mr. Cue’s Family Billiards challenged, was "arbitrary an...

Orange County Flavors Plan for West Sacramento

I recently had one of those "aha!" moments that gives us special insight into the deeper nature of things. The magic moment came during a recent exercise in home buying, when I was fluttering back and forth between two different houses on two different streets. One house stood on a street with sidewalks and gutters, while the second house stood on an equally nice street, or nearly so, but without sidewalks.

I assumed that the house with sidewalks would cost more because of the added amenity. M...

Costly Options Presented to Remedy the Salton Sea

The Salton Sea is sometimes referred to as Southern California’s Lake Tahoe, and while efforts to save the northern lake took shape 20 years ago, officials only now are making big decisions about the future environmental health of the southern water body.

The Salton Sea (which is also sometimes called a lake) has been in a downward environmental spiral in recent years. Rising salinity, warnings about eating its fish, oxygen depleting algal blooms, and the deaths of thousands of birds and fish ...

Swap of Sales Tax for Property Tax Will Get Hearing: Assembly Speaker’s Commission, Others Support Finance Reform

A commission appointed by Assembly Speaker Antonio Villaraigosa has recommended local governments swap sales tax revenue for a bigger cut of property taxes. The proposal is one of several intended to reduce city and county dependence on sales tax. However, it remains unclear whether lawmakers and Gov. Davis will take meaningful steps toward altering the complex fiscal system this year.

It is a two-handed situation. On the one hand, recommendations of the Speaker’s Commission on State and Local G...

San Jose’s Montgomery Hotel: An Expensive Souvenir

The preservation of the Montgomery Hotel in the City of San Jose could be likened to a brick rescued from a burning house by its owners. By itself, the brick would have little or no value. As a souvenir of a vanished house, however, the brick becomes a treasured relic.

That analogy might help outsiders understand the rationale behind the extraordinary labor and expense that the San Jose Redevelopment Agency has devoted to saving what is, by all accounts, a handsome but rather ordinary buildin...

Failed Sale of Highway 91 Toll Lanes Refuels Debate

A proposed public bailout of the owner of Highway 91 toll lanes in Orange County has died amid allegations of financial improprieties. The experience with the 91 Express Lanes, which even privatization supporters call a "fiasco," appears to put a damper on what little interest remains in constructing private highways.

"This is not something that anyone should expect to become the dominant mode of highway building," said Marlon Boarnet, a University of California, Irvine, planning professor who ...

Proposition 218: State Supreme Court to Hear L.A. Apartment Tax Controversy

The California Supreme Court will decide a case involving the City of Los Angeles’s inspection fee on apartments. In December, five of seven justices voted to grant the petition from Los Angeles, which lost a Second District Court of Appeal ruling on a lawsuit filed by apartment owners. (See CP&DR Legal Digest, October 1999.)

The Los Angeles City Council approved the $12 annual inspection fee on each of the city’s approximately 750,000 apartments in July of 1998. The fee was intended to generat...

Clean Water Act: Citizens Can Sue Violators, U.S. Supreme Court Rules

The U.S. Supreme Court has ruled that citizens can sue alleged polluters under the Clean Water Act. The high court’s January decision in a case from South Carolina was a significant victory for environmentalists, who argue that the government sometimes does not adequately enforce the Clean Water Act and other environmental protection laws.

On a 7-2 vote, court ruled that Friends of the Earth (FOE) had standing to sue Laidlaw Environmental Services over the company’s violation of a National Poll...

Property Rights: Miners’ Rights on Public Land Gain Support in Ninth Circuit

The Ninth Circuit U.S. Court of Appeals has sided with a miner in a feud between the miner and the U.S. Forest Service. In interpreting the Mining Law of 1872 and the 1955 Multiple Use Act, the court ruled that the Forest Service could not kick a miner off his claim in the Tonto National Forest, and that the Forest Service may not have had justification for increasing a reclamation bond requirement.

In an opinion that recounted the history of mining laws in the United States, Circuit Judge Andrew K...

Landowners Need the Final Answer Before Making Claim

Property owners who never filed a development application have no basis for a takings claim, the Fourth District Court of Appeal has ruled. The court also said a landowner whose one application for a specific plan amendment that was rejected also has no takings argument.

The case arose from the City of San Diego’s lengthy planning process for the East Elliott community, a former Navy base that the federal government sold during the 1960s. As early as 1981, the city conceded that a 1971 East Ellio...

EIR Can Postpone Detailed Study of Related Road Project

An appellate court has ruled that an environmental impact report for a proposed San Diego County rock quarry was closer to acceptable than a trial judge had ruled, but the EIR still lacked a proper analysis of air quality impacts. The Fourth District Court of Appeal overturned San Diego Superior Court Judge Judith McConnell’s ruling that the rock quarry EIR improperly deferred study of highway widening, and that the EIR failed to account for prior illegal mining on the property. Still, the unanimou...