Articles

Ever since Gov. Jerry Brown first announced his intention to eliminate redevelopment agencies the redevelopment establishment – led by the California Redevelopment Association – has taken a hard line: no elimination, no compromise, no relinquishment of the tax increment. The CRA is even preparing for a legal battle based on its interpretation of both the State Constitution and Proposition 22.

To some, infill development still occupies a quaint niche in the world of city-building. But over the past few years, greenfield development on the urban fringes has gone fallow and a host of economic, social, and regulatory forces have made infill more viable. Attempting to lead that charge is the newly formed California Infill Builders Association, a professional group made up of established and aspiring infill developers who seek mutual support in their effort to bring new development to urban areas.

A lawsuit challenging Sonoma County's ordinance regulating the location and operation of medical marijuana dispensaries has been dismissed because it was not brought within the 90-day statute of limitations.

The California Supreme Court will review a case in which Alameda County and a housing developer argue that a California Environmental Quality Act lawsuit filed by project opponents should have been dismissed because the opponents did not raise their objection during the administrative process.

Gov. Jerry Brown's proposed state budget will do more than merely plug a $24 billion deficit. According to some, it will also lead to shuttered factories, recidivism among ex-convicts, and the flight of companies and jobs to rival states such as Arizona, Nevada, and Texas. Faltering clothing manufacturer American Apparel could be pushed closer to the brink of bankruptcy. 

At least if Brown's proposal to do away with Enterprise Zones is adopted along with the proposed elimination of the redevelopment program.

The core of California redevelopment law tells redevelopment agencies what they can fight against – blight – and it enables them to identify project areas in which to do so. Generally, the law does not, however, indicate what blight should be replaced with. As a result, critics have charged that redevelopment often funds vanity projects such as stadiums at the expense of what they consider more socially beneficial developments.

As with so many trends, the use of tax-increment financing for redevelopment began in California. Since being created here in 1952, this vital aspect of redevelopment has spread to 48 other states. And yet if Gov. Jerry Brown's current budget proposal passes, it may very well die in the state where it was born.

It is not going quietly.

In the two weeks since Brown announced his intention to eliminate redevelopment in California as part of his proposal to cut the state's $24 billion deficit, what used to be a relatively obscure system intended to eradicate blight has been thrust into tumultuous debate.

What would life be like in California without redevelopment?

An 11-judge panel of the Ninth U.S. Circuit Court of Appeals has thrown out the court's 2009 decision that invalidated the City of Goleta's mobile home rent control ordinance. This time, the court ruled the ordinance was not an unconstitutional taking of property because the mobile home park owners who brought the challenge acquired the property long after ordinance was in effect. 

The Second District Court of Appeal has upheld a determination by the Department of Industrial Relations that required public improvements in a master planned community project to abide by prevailing wage laws. The court further ruled that Mello-Roos proceeds are "public funds," and that once a project is deemed a "public work" under the Prevailing Wage Law, all public portions of the project are subject to the law – including those public improvements that are privately financed.

The parts of a Kern county mining project are decidedly not greater than – or a substitute for – the whole, as far as the California Environmental Quality Act is concerned. 

Even though the recession has brought construction in the Central Valley nearly to a standstill, one of the world's largest suppliers of building materials appears bullish on the region. Cemex Construction Materials, LP, has proposed an aggregate mine on a 2,036-acre site in Fresno County, inciting protest from both environmentalists and local Native American tribes.

When Proposition 84 passed in 2006, it reflected a booming economy. Providing $5.4 billion for clean water, parks, and open space the measure was seen as an important way to protect the state's natural resources at a time before many were worried about $28 billion deficits or maxing out the state's bonding capacity. 

Prop. 84's primary focus is on waterways and water management. However, it also includes a relatively tiny set-aside for innovative planning that is proving to be a godsend to planning departments that are suffering unprecedented budget cuts (see CP&DR Insight Vol. 25, No. 5, March 2010). 

The Town of Mammoth Lakes has been ordered to pay more than $32 million for violating a development agreement.

In upholding a jury's award of damages to the developer, the Third District Court of Appeal made clear that local government agencies are treated like any other private contracting party when it comes to development agreements and can be held liable for damages if the agency breaches the agreement.