Attorney Fee Award Depends on Pecuinary Interests, Even for Public Agencies
By Glen C. Hansen, Abbott & Kindermann, LLP, Sacramento, CA on 1 November 2012 - 2:13pm
When deciding whether to award a public litigant its attorneys’ fees against another public entity under Code of Civil Procedure section 1021.5, the trial court may only consider the public litigant’s “pecuniary interests and the pecuniary interests of its constituents” in determining the third requirement of that statute. The court may not consider the nonpecuniary motives of the public litigant in bringing the lawsuit.
DOF Rules Against Football in Santa Clara
By Bill Fulton on 1 November 2012 - 6:18amEverybody in Northern California is proud of the World Champion Giants., but apparently the 49ers are a different story. The Department of Finance beancounters in Sacramento have nixed a negotiated agreement between the City of Santa Clara and other taxing agencies that would have allowed the city to keep $30 million in tax-increment funds to help finance the 49ers new $1.2 billion stadium.
OPR: SB 226 Guidelines Aren't Complex, Just New
By Bill Fulton on 1 November 2012 - 6:00amLast week, I posted a blog from the American Planning Association, California Chapter, conference suggesting that the new guidelines to implement the streamlining of environmental review for infill projects under SB 226 might be making the whole process even more complicated. Relying on comments by Ron Bass and Terry Rivasplata of ICF International, I titled the blog, “Streamlining CEQA is Really Complicated,” and I concluded that because CEQA is a complicated law, simplifying it really is a complicated matter.
The Post-Redevelopment Continuum
By Bill Fulton on 24 October 2012 - 3:57pmThough painful, the unwinding of redevelopment would seem to be a pretty straightforward process for most cities: Designate yourself as the successor agency, negotiate with your oversight committee to keep as much stuff going as possible, and try to keep the state Department of Finance from vetoing the whole situation.
Anaheim Reinvents the Train Station
By Morris Newman on 23 October 2012 - 8:00pmThe $188 million Anaheim Regional Transportation Intermodal Center (ARTIC), which broke ground earlier this month, is the most recent example of a fast-growing list of public facilities with big ambitions: the local transit hub that connects local and regional transit rail lines with bus service, taxies, bicycle locks and sometimes business services for travelers. The anticipation of high-speed rail also adds some drama to the Anaheim transit center.
Simplifying CEQA Is Really Complicated
By Bill Fulton on 23 October 2012 - 3:31pmEver since the passage of SB 226 -- the law designed to streamline environment review for infill projects -- the state has been working on changes to the California Environmental Quality Act Guidelines to implement the law. There's a draft of the guidance out (you can find it here), and CEQA-sters Ron Bass and Terry Rivasplata of ICF International did a good job of laying out what the draft says at a session at the American Planning Association, California Chapter, conference.
Saving Redevelopment One Project at a Time
By Bill Fulton on 23 October 2012 - 10:53amLast week, in my Insight column available to CP&DR subscribers, I suggested that there were two possible reasons Gov. Brown vetoed SB 1156 and the other redevelopment bills. First, there's still bad blood between him and the cities. And second, he doesn't want to do anything that would stimulate the revival of a redevelopment lobby in Sacramento.
Giving Main Street a Kickstart
By Josh Stephens on 19 October 2012 - 4:07pmBarrington, Ill.—What can California learn from a sleepy exurb on the edge of nowhere? Not much, I don’t think. California has scarcely ever pretended to care much for small town America. But something that is at once very modern and very old-fashioned is afoot here on Main Street.
I mean Main Street literally. Barrington has a primary commercial street, and it’s called Main. And in the middle of that street, watching over it calmly and without imposition, stands the Catlow Theater, its neon casting a red glow over the prairie.
Rumors of Redevelopment’s Resurrection Greatly Exaggerated
By Bill Fulton on 18 October 2012 - 6:44pm
When Jerry Brown first proposed killing redevelopment -- back in January 2011, when he released his first budget -- he said he would replace it with some other economic development tool. After Brown succeeded -- when he released his second budget, in January 2012, just days after the Supreme Court killed redevelopment – his tune changed, ever so slightly. He said he would consider bringing redevelopment back if it didn't affect the state's general fund.
Fair enough.
November 2012 Land Use Ballot Measures
By CP&DR Staff on 18 October 2012 - 5:53pmIt’s safe to say that the City of Calistoga’s Silver Rose Referendum will not be the most important question on the ballot in the this November. Nor will Escondido’s general plan measure, nor even a preliminary vote on draining Hetch Hetchy reservoir.
How SB 375 Is Going Down in Dublin
By Bill Fulton on 16 October 2012 - 9:10amDUBLIN, Ireland -- Mike McKeever and I traveled 5,000 miles east from California this week to debate SB 375 in front of a Trans-Atlantic audience of planning and policy wonks at University College Dublin. Characteristic of how we each look at things, when we sit down to answer questions, my water glass was mostly empty and his was mostly full.
Roundup of Land Use Laws, 2012
By Josh Stephens on 12 October 2012 - 10:07amWhile Gov. Jerry Brown’s veto of redevelopment-related bills and the earlier failure of parking reform bill Assembly Bill 904 caused some consternation around the state, he did in fact sign a wide array of bills relating to land use at the end of last month.
Redevelopment Vetoes Lead to Disappointment, Cautious Optimism
By Josh Stephens on 9 October 2012 - 9:44pm
Over the past year, even the most irate objectors to Gov. Jerry Brown's dismantling of redevelopment held out hope that in agreeing to kill redevelopment, the legislature would invent a new, better system for stoking local economic growth. Last week, the governor dashed those hopes.
The Multari Curve
By Bill Fulton on 8 October 2012 - 2:48pmLast week I published a short op-ed in the Los Angeles Times suggesting that low-density development patterns are one of the reasons California cities are experiencing fiscal problems. But I have to admit I wasn’t prepared for the type of pushback I got from readers, most of whom seemed to view me as an apologist for public employee unions or as a radical wishing to overturn Proposition 13.
Demise of Redevelopment Leaves Scorched Earth Instead of Green Spaces
By Josh Stephens on 7 October 2012 - 7:33am
When voters in Orange County approved the creation of the 1,300-acre Orange County Great Park out of the shuttered Marine Corps Air Station El Toro, they had every reason to believe the estimated $1.2 billion cost would come, partially, from redevelopment monies. Such was the status quo in 2002.
