Sacramento County voters may decide whether to increase the county sales tax by half-cent to fund major road and transit improvements. Proposed by the Sacramento Transportation Authority, the tax could raise $3.6 billion over 30 years to be spent across the county. Much of these types of projects were previously funded by gas tax, which has been diminishing in the last few years. Placer and Yolo counties are considering similar taxes. Cities would be allowed to spend their allocation as they chose, but many proposed project have been listed. These include freeway interchanges, bike overcrossings, Sacramento's downtown streetcar, Elk Grove's intermodal train station and road repairs and widenings. The authority board will vote April14 to begin collecting signatures for a November ballot. The tax will be in place 2017 to 2047, overlapping for a few years with the current sales tax increase that was voted on in 2004 and will expire in 2039. Los Angeles to Collect Developers' Park Fees Los Angeles may shore up is system by which new development contributes funds to parks. Apartment developers in Los Angeles have skipped paying park-building fees, also known as Quimby fee s, because of a technicality in the law. Quimby fees are charged on new homes on subdivided land while Finn fees are charged on housing units built on property that undergoes a zone change. The majority of the new rental developments do not require a zone change, and therefore no park fees are required. The planning commission has proposed that developers pay $5,000 for each apartment unit they build and $10,000 per unit fee on houses or condos built on subdivided land. These fees will be phased in over the next two years, and builders could receive credit for building parks on the properties. Chargers Propose Stadium Financing Plan The San Diego Chargers are proposing a 4 percent hotel tax increase to finance a new $1.8 billion stadium and convention center. Raising the tax from 12.5 to 16.5 percent will also allow $1.15 for publicly issued bonds for operations, tourism marketing and San Diego's general fund. Nearly $350 million would be the city's contribution to the football stadium, $600 million for the convention center and $200 million to purchase land. The remaining money for the stadium will be $350 million from the team and $300 million from the NFL. Now the team must begin collecting signatures to place it on the ballot for the November election. The complex would be owned and operated by the city, with the Chargers leasing the stadium for 30 years. The proposal is awaiting support from key leaders in the city such as Mayor Kevin Faulconer. Glendale Considers Freeway Cap Park The City Council of Glendale has agreed to dedicate funds to a study for a 4-5 acre park over a section of the 134 Freeway. The study, which will cost $300,000, will examine costs, scope of building and open bidding for firms to apply. In one such project in Dallas, much of the $57 million park was funded through public-private partnership. Glendale council members have expressed skepticism about the project's ability to attract such large investors. Polls have shown that residents are in favor of the park, which would include walking trails, playgrounds and a concert space. Phase One of Treasure Island Development Commences Construction of the first phase of the $6 billion Treasure Island and Yerba Buena Island redevelopment has begun. The first phase will include demolition of 40 structures and construction of new roads, utilities, and parks. The phase will feature up to 500 hotel rooms, 2,100 residential units. Infrastructure work alone will cost around $155 million and take nearly three years, while housing construction is expected to begin within a year. The entire project will take 10-15 years and include 8,000 residential units, of which 25 percent will be affordable. The developers involved are Lennar Urban, Kenwood Investments, Stockbridge Capital Group and Wilson Meany. Bay Area Counties Among Least Affordable Rental Markets; Evictions Increasing Real estate information company RealtyTrac analyzed 456 counties in the U.S. and found that Marin, Santa Cruz and San Francisco counties are among the top five least affordable markets. In all three of these counties, the average earner spends around 100 percent of income on monthly mortgages, insurance and property taxes. Another study found a rapid increase in evictions in San Francisco. Between March 2015 and February 2016, there were 2,134 evictions. There are multiple reasons for evictions, which can include owner move-in, asbestos cleaning, remodeling and taking the apartment off rentals to sell. The city has begun tracking buyout agreements, where the tenant agrees to vacate the unit for an agreed upon sum from the landlord. Delta Tunnel Plan Hits Political Snag In the ongoing discussion over the plan to build two huge tunnels beneath the Sacramento-San Joaquin Delta, the San Luis & Delta-Mendota Water Authority has demanded that two members of the State Water Resources Control Board, Chair Felicia Marcus and member Tam Doduc, be disqualified from a hearing because, the group claims, they have already made up their minds on the issue. The $15.5 billion project will re-engineer the water in the Delta, repair the fragile ecosystem and create more reliable water deliveries to the San Joaquin Valley and Southern California. Marcus and Doduc advocated for more natural water flow through the Delta, which leaves less available water for the contractors in the south. The two followed up saying the earlier ruling "should not be considered a final determination� We have not prejudged this issue." The state DWP and U.S. Bureau of Reclamation, the agencies that run the pumps currently, asked for two-month delay before hearings to resolve complaints before the lengthy hearings begin. While the two are supposedly not related, the tunnel project is facing criticism from both sides. Rail-to-Water Ballot Measure Postponed The proposed ballot measure to reallocate high-speed rail bonds to water projects has been postponed for two years. The sponsoring group, California Water Alliance, stated costs for obtaining signatures was too high and would begin collecting for the 2018 election. While this threat from potential election has subsided, there are numerous legal, technical and political challenges the project faces. Developer Pulls Out of 2,200-acre Project in Concord Catellus Development Corp. pulled its bid for a 2,200-acre community on the former Concord Naval Weapons Station in Concord. CEO Ted Antenucci wrote a statement to the city saying they had lost trust in the process and accused its competitor Lennar Urban of improper lobbying. City officials agreed to reimburse the $250,000 "good faith" deposit Catellus paid to be in the running. With Catellus leaving, Lennar will be the only firm left for the April 5 meeting to pick the master developer for the first phase of the project. San Jose Approves �Grace Period' for Affordable Housing Policy In 2010, the City of San Jose announced a policy to attack affordable housing: building 2,400 homes per year until 2022. Six years later, the city has not come close to reaching its goal. The law spent nearly two years in court being debated and all plans were placed on hold. The California Supreme Court voted unanimously in favor of San Jose. City council voted, 10-1, to approve a "grace period" for housing projects that were approved before June 30. The policy requires developments of more than 20 for-sale units to set aside 15 percent for moderate-income, which is between $74-89,000 annually. State Launches Transportation Innovation Council Caltrans and FHWA have created a council to oversee development of innovations in the transportation sector called California State Transportation Innovation Council (STIC). STIC is intended to promote a safer, more efficient and sustainable transportation system through pilot programs and other implementations. With aging infrastructure repairs are becomingly increasingly frequent and more costly; STIC is researching innovative new systems to drive economic growth and provide safer and more efficient transportation systems in the state. Tribes Clash over Proposed Madera Casino Three northern California tribes, led by the Chukchansi, are working with a congressman Rep. Doug LaMalfa (R-Oroville) to block a proposed Native American casino near Madera that is 40 miles from the sponsoring tribe's Rancheria and not on its ancestral homeland. The appeal is based on Proposition 48, backed by 60 percent of voters statewide in 2014, which forbids off-reservation gaming. According to Chukchansi tribal leader Claudia Gonzales, allowing the proposed casino off-reservation would provide a free-for-all including "farmlands, urban centers and even open lots in neighborhoods." Negotiations for a compact have begun between Gov. Jerry Brown and the North Fork tribe as congressional change seems unlikely during an election year.

The California High Speed Rail Authority won a court victory last week when Sacramento County Superior Court Judge Michael Kenny ruled farmers and other plaintiffs in Kings County had not presented enough evidence to support their claim that the state's high speed rail project had violated the terms of 2008's Proposition 1A. Kenny wrote, "there are still too many unknown variables" and therefore does not constitute sufficient grounds for the suit. The ruling implies that plaintiffs may reopen the case in the future if the project does not comply with requirements of the bond measure. The rail authority still must comply with the bond measure's requirements, including target travel times, ridership, headways, and financial self-sufficiency. State May Not Garnish Cities' Tax Funds in RDA Disputes, Court Rules The Third District Court of Appeals ruled , 3-0, that the state may not garnish tax money from cities refusing to surrender funds that the state claims it is owed in the wake of the 2012 dissolution of the state's redevelopment agencies. Of the 400 former redevelopment agencies statewide, nine cities have refused to return funds totaling $24 million to distribute to local taxing entities. The Legislature in 2012 authorized the withholding of sales and tax revenue and property taxes of those cities. The judges said a provision of the California Constitution, passed in 2010 by voters as Proposition 22, prohibits such action. "In passing Proposition 22, the people took away from the Legislature the authority to withhold sales and use tax revenue and property tax revenue from local governments," the justices wrote. Report Details Consequences of California Housing Shortage Bay Area think-tank Next 10 released a report predicting that California's housing shortage will impose serious economic consequences on the state. In the ten years between 2005 and 2015, only 21.5 permits were issued per 100 people in the state. The report finds that in urban areas, 45 percent of developers say costs, neighbor opposition or both are reasons they do not proceed with infill projects. Other challenges area CEQA, zoning and potential lawsuits, and Proposition 13 which limits property-tax increases could switch cities from building homes to retail projects. The study found that California has some of the highest rates of post-recession job growth in the nation but also lost 625,000 people to other states. Housing costs in California are the highest in the nation, approximately 35.7 percent more than the national average. "California has an employment boom with a housing problem," said Christopher Thornberg, co-author of the report. "The state continues to offer great employment opportunities for all kinds of workers. But housing affordability and supply represent a major problem." Anaheim Releases Proposed Streetcar Route The City of Anaheim released a route for its proposed streetcar. The route would connect the ARTIC transit center in Anaheim to Disneyland and the Convention Center. The project could cost approximately $298.7 million and $4.3 million to operate annually. The 3.2-mile route would have eight stops and carry 120 passengers along the 18-minute trip. But many are opposed citing increased costs and traffic as drivers idle behind the streetcars. The plan will be reviewed by the city council March 14. Disneyland Resort wants to construct its own transportation center for drop-offs and build a new 6,800 space parking structure. The city projects that 1.25 million annual passengers could ride the route by 2035, by which time the Platinum Triangle area is expected to have 25,000 residents, complementing Disneyland's 25 million annual visitors. Air District Ousts Executive Officer, Faces Unrelated Lawsuit The Natural Resources Defense Council and other environmental and community groups are suing South Coast Air Quality Management District for adopting what they consider weak smog regulations proposed by Western States Petroleum Association. California Air Resources Board and state lawmakers have asked the air board to reconsider. Oil industry groups have fought against stronger smog-reduction measures because of the steep cost of upgrading pollution control measures. Meanwhile, the board of the SCAQMD recently ousted longtime Executive Officer Barry Wallerstein. The ouster is generally seen as a pro-business move, prompted by the board's Republican members, State Senate President Pro Tem Kevin de Leon denounced the decision in a written statement: "Today's shameful action by SCAQMD is only the latest in a disturbing trend of dirty energy interests dismantling clean air rules that the public overwhelmingly supports." High Speed Rail to be Delayed Three Years A recently released revision of the business plan for California High Speed Rail indicates that the project will cost more and incur a three-year delay for the initial leg. CAHSR acknowledges the complications of crossing the mountains from Central Valley to Los Angeles, both geographically and financially. However, the entire price tag for the system has been cut by $4 billion to a total price tag of $64 billion. The authority needs funding from private investors, state and federal government. The initial segment from San Jose to Central Valley, costing $21-billion, will be operating by 2025; the authority hopes that that segment will persuade investors to put up money to complete the system. Ainsworth Named Interim Successor to Fester on Coastal Commission Senior Deputy Director Jack Ainsworth has been named interim chief of the California Coastal Commission. His appointment was approved, 10-1. Ainsworth has worked for the commission for 27 years and under Lester, the dismissed director, since October 2011. He most recently held the title of senior deputy director. It will take up to six months to name a new executive director.  Ainsworth told the commission he has not decided if he will apply to the position permanently. Meanwhile, activists have gathered 775 signatures to call for an ethics investigation into Lester's dismissal. Santa Monica Faces Slow-Growth Ballot Measure Slow-growth advocates in Santa Monica have introduced the latest in a series of initiatives and protests designed to discourage what they see as overbuilding in the city. The Land Use Voters Empowerment (LUVE), sponsored by the group Residocracy, would require public vote on large and medium-size developments in the city. It would amend the city's zoning code to require a vote on all projects over two stories and on any project that seeks a development agreement. A majority of City Council opposes the measure, as they said it would give developers added power and influence in their politics. Residocracy hopes the measure will slow development in an already congested city. At least 6,500 signatures are to put it on the November ballot. (See prior CP&DR coverage .) Online Tool Tracks Cap-and-Trade Expenditures Bay Area advocacy group TransForm has released a new interactive  map that tracks where California's cap-and-trade program dollars are being invested. The map tallies all the billions of dollars received through the program and their greenhouse gas reductions. The map tracks 412 projects, $1.5 billion in investment and over 3 million megatons of greenhouse gas reduction.  Over $150 million from the fund has been used to build affordable, transit-oriented development. The website also marks the funding areas such as transportation and sustainable communities, clean energy and energy efficiency, and natural resources and waste diversion. Natural Resources Agency Hears Proposals for Salton Sea Restoration In the long-running effort to restore the Salton Sea, a group of local leaders have formed a Long Range Plan Committee under the sponsorship of the California Natural Resources Agency. Last month, multiple presentations were heard to discuss potential solutions, covering topics such as geothermal technology, environmental management, increasing water in the sea and economic development. Michael Clinton Consulting LLC proposed a $46 billion plan for hydro-electric pumped storage, geothermal development in southwestern Salton Sea area, new water supply for Colorado River Basin, development for Cucupah Tribe, and deep-water port for Mexicali.  AGESS Inc proposed lagoon-floating wetlands and specialized plants, microalgae and brine shrimp to clean the water. American Research and Development proposed bringing water from the Pacific Ocean through tunnels and building islands to raise water levels to create a current, all while using private funds.

The Coalition to Preserve L.A. has announced it will postpone the Neighborhood Integrity Initiative, a proposed ballot initiative that would have deep ramifications or planning in Los Angeles, until March 2017. The coalition also revised the original 26-page initiative to eight pages. The coalition is concerned that the initiate would get lost among the 20 or so measures on the November citywide ballot. Campaign director Jill Stewart explained: " Our initiative is too important to be buried at the tail-end of this November's ballot, which is beginning to look like it will be." The group is particularly concerned about what it describes as "mega-projects" that do not conform to community plans are out of character with surrounding neighborhoods. The initiative would prohibit the City Council from approving general plan amendments for specific projects, commonly known as "spot zoning," for a two-year period and requires the city to update its General Plan. The new version removes some constraints on the general plan update process. The initiative requires 61,000 valid signatures to get on the ballot. (See prior CP&DR coverage .) L.A. Metro Seeks Ballot Measure to Fund $120 Billion in Projects The Los Angeles County Metropolitan Transportation Authority released a $120-plus billion spending plan for a potential sales tax initiative on the countywide ballot in November. The plan devotes funds to pedestrian and cycling projects, commuter rail, transit operations and programs, as well as money for local cities for their own projects. The measure is a follow-up to 2008's Measure R, which added a half-cent to countywide sales tax and has already funded numerous transportation projects. Among dozes of proposed projects large and small, a few major proposed public transit projects include accelerated development of an extension of the Purple Line subway to Westwood, a rail tunnel under the Sepulveda Pass, light-rail between Artesia and South Gate, 710 South improving congestion, an added lane on the 5 freeway in Santa Clarita, extensions to the Green Line to Torrance, extension of Eastside Gold Line to Whittier, and a transit hub at LAX.  Highway projects include expanded HOV connectors across the county, purchase of land for the proposed High Desert Corridor,  The measure would ask voters to increase countywide sales tax by half-cent for 40 years; it requires a two-thirds majority. Click here for the full staff report and list of proposed projects. San Francisco Moves Towards New Traffic Metrics San Francisco Planning Commission voted , 6-0, to adopt a resolution to proceed with vehicle miles traveled (VMT) metrics as provided by SB 372 for all CEQA determinations in the city. The move reduces the city's reliance on level-of-service (LOS) metrics that, according to SB 372, do not promote the state's environmental goals. In a statement, Director of Planning John Rahaim told the San Francisco Chronicle, "Vehicle miles traveled is a much smarter approach to identifying the direct environmental effects of car use. It will streamline CEQA review for projects that are designed to encourage public transit, promote pedestrian safety and help reduce the need for traveling long distances by car." The city is hoping this will promote policies and programs that encourage infill development and transportation projects. San Francisco is the first large city in California to adopt these new guidelines to measure traffic differently. (See prior CP&DR coverage .)  Group Sues Over Alleged Coastal Act Violations A Venic Beach-based eneighborhood group has filed a civil complaint lawsuit against the City of Los Angeles for destroying the community, violating California Constitution and the CA Coastal Act, and local land use protections, according to the suit. Venice Coalition to Preserve Unique Community Character (VC-PUCC) contends that the city planners have approved countless large construction projects that have, according to VC-PUCC, "destroyed character, density, and charm of Venice neighborhoods; blocked airflow and sunlight; destroyed vegetation; obstructed picturesque views; and eliminated affordable housing units in this fragile and unique coastal zone." The group claims it is most alarmed by the "Venice Sign Off" procedure that has allowed developers to construct without notifying neighbors or holding public hearings and the hundreds of illegal Coastal Act exemptions. The group is seeking an injunction that would prevent the city from approving additional exemptions to coastal-area zoning restrictions and prevent administrative sign-offs.   Huntington Beach Rejects Affordable Housing Plan The Huntington Beach City Council rejected a plan last week, on a 7-0 vote, to increase the city's supply of high-density and low-income housing. The vote, promoted by anti-development protests, comes even though the city is out of compliance with its Regional Housing Needs Assessment allocation. The Department of Housing and Community Development notified the city in June that it was 400 units below the low-income housing requirement by the state and therefore will have certain state funding withheld. In May, the City Council stopped plans for a 4,500-unit development and dropped the number to 2,100 total and lowered the low-and very-low income housing from 783 units to 123. The vote last week was on an alternative plan. The deadline for the city to present a viable RHNA plan is September.  Study Shows Synergy between Transit, Ride Hailing Services A recent study by the Transit Cooperative Research Program looked at traveling habits of 4,500 people in seven cities nationwide, including San Francisco and Los Angeles, and found people that use ride-sharing services like Lyft and Uber are more likely to use public transportation. Of those that use the services, 50 percent say they use a train frequently, and 45 percent use buses. Communities are being transformed and people are owning fewer cars and choosing to use alternative modes of transportation. The study's backers say that the study confirms that ride sharing complements public transit. Emily Castor, Director of Transportation Policy for Lyft said in a statement, "Transit is the backbone of urban mobility�..these findings prove that Lyft and transit combined reduce the need for car ownership, which will lead to more livable, sustainable cities." Los Angeles May Pass Costs of Sidewalk Repair on to Property Owners In an effort to conform with a lawsuit agreement to fix the city's sidewalks, the Los Angeles City Council, two Los Angeles City Council committees have proposed a "fix and release" plan whereby the city could pay for initial repairs and gradually transfers responsibility to property owners if damage is related to street trees. City officials have blamed the state of its sidewalks on this old rule, as lack of repairs increased with worsened government funding. The proposal is part of a $1.3 billion effort to comply with the Americans with Disabilities Act.. The new plan has met with protests over fears that costs might be passed on to cash-strapped residents. Debate over responsibility for sidewalk repair centers on a city law that requires the city to pay for damage related to street trees; state law stipulates that landlords are responsible.  Developer Must Pay $1 Million for Habitat Degredation Bay Area developer Wildlife Management has pleaded guilty to a criminal violation of the Endangered Species Act and must pay $1 million to conservation funds and preserve 107 acres of land for $3 million. The company polluted a pond that supported the threatened California tiger salamander and forged documents to hide their actions. After sediment runoff from a construction site in Dublin entered a pond, Tong submitted forged documents in March 2012 stating they had purchased $3.2 million in credits from the Ohlone Preserve Conservation Bank to offset the pollution. James Tong, principal of Wildlife Management, must spend four months in home detention and perform one-hundred hours of community service.  Oakland Approves Controversial High Rise Ending a particularly bitter development battle in Oakland, the City Council voted, 6-1, last week to approve a controversial high-rise project with UrbanCore to be built on surplus city land. The 360-unit project, including one-third affordable units, is expected to generate $45 million in property tax and $21 million in business tax revenue. Chanting the slogan, "No segregated housing on public land," protestors claim it is another "luxury development that includes a token amount of affordable housing in a segregated, separate building." Coast Range Conservancy Proposed State Senator Lois Wolk (D-Davis) and Assembly-member Bill Dodd (D-Napa) introduced SB 1396 to establish a state conservancy to protect, preserve and restore the Northern Inner Coast Range by creating the Inner Coast Range Conservancy. The ten existing conservancies coordinate project implementation for state allocations, bond funds and other grant opportunities. Lake County Supervisor Jim Steele said: "A state conservancy for our region can provide fairness and equity in our region in providing critical and necessary outside funding for important projects such as for Clear Lake's water quality and ecosystem." The bill will be heard in committee in early April.

Charles Lester, former Executive Director of the California Coastal Commission was  dismissed  from his role after nearly five years Feb. 10. The 7-5 vote took place behind closed doors after seven hours of public testimony, the majority of which supported Lester. Supporters of Lester say  pro-development commissioners were hoping to oust him. Lester defended himself by saying he and his staff preserved the coastal resources and public access with rising sea levels, growing populations and increased pressure from developers. However, one of the commissioners who spoke against Lester, Dayna Bochco, complained of the lack of communication on important projects. As commission Chair Steve Kinsey explained to Los Angeles Times, "the decision revolved around leadership and not around an issue of greater flexibility for development." Senior Deputy Director Jack Ainsworth will lead the commission staff until the commission selects a new executive director. LAO Report Calls for More Private Development Legislative Analyst's Office released the latest in a series of  reports  addressing California's worsening housing crisis. The report, "Perspectives on Helping Low-Income Californians Afford Housing," suggests that facilitating more private, market-rate housing development in the state's coastal urban communities would help make housing more affordable for low-income Californians. Existing affordable housing programs assist only a small proportion of low-income Californians. Most low-income Californians receive little or no assistance. Expanding affordable housing programs to help these households likely would be extremely challenging and prohibitively expensive, according to the report. The report recommends that the state focus on programs directed at specialized housing needs-such as homeless individuals and families or persons with significant physical and mental health challenges. The report notes some key findings: 1) California's averaged rents increased more than did rents in places with more home building; 2) areas with low home production had more displacement of low-income than did places with robust private development; and 3) places with inclusionary housing policies had no less displacement than those places without it. The report follows last year's  California's High Housing Costs: Causes and Consequences , which discusses the housing shortage and need for increasing homes in coastal urban communities. Obama Budget Includes Infrastructure Earmarks for California President Obama's 2017 federal budget addresses infrastructure projects and other projects related to sustainability and climate change in California. Sacramento could receive $75 million for a proposed 3.3-mile rail line from West Sacramento to Old Sacramento, downtown depot, Kings arena and the state capitol to name a few key stops. To receive the funding, Sacramento must come up with an equal amount in local funding such as tax increases for property owners near the proposed route. Another project possibly receiving funds is $32 million for Sacramento's Natomas levees. The Los Angeles County Metropolitan Transportation Authority could receive $375 million for two subway extensions and a connector through downtown LA. Orange County Transportation Authority hopes to use the $125 million for the 4.1-mile streetcar project in Santa Ana. L.A. City, County Pledge Funds and Cooperation on Homelessness Los Angeles County has the largest chronic homeless population in the country, and the city and county are teaming up together after declaring it reaching emergency proportions. The city has proposed $100 million this year and nearly $2 billion over the next decade for a city homeless coordinator, housing, public restrooms and showers, and providing affordable housing. The county has approved an additional $150 million over two years to help these nearly 44,000 individuals. Los Angeles Mayor Eric Garcetti told the New York Times, "This is the highest priority that we have, to make sure that nobody is living on the streets and nobody is without a home." The mayor says voters will be asked to approve additional funding, and some revenue will come from shifting existing funds. Survey: Demise of Redevelopment's Impact on Affordable Housing Developers The Federal Reserve Bank of San Francisco released results of a survey  of Affordable Housing Developers on the state of affordable housing in the wake of the 2012 elimination of redevelopment agencies. The survey was designed to "learn how they are faring following RDA dissolution; how their development pipelines have been affected by the loss of RDA funds; and how new legislation, local regulation, or funding strategies have impacted affordable housing development over the past three years." The responses are from 71 development organizations across the state. The report says 83 percent of respondents must pursue more funding sources than they did under RDA, 74 percent have projects that have been postponed or jeopardized, 80 percent of the projects have been negatively impacted by rising cost of lands and 61 percent  have had to reduce staff because of funding reductions. Only 26 percent say their jurisdictions have developed post-RDA regulatory reforms for affordable housing. Court Deals Setback to L.A. Metro Subway Alignment through Beverly Hills District Judge George Wu ruled that the Los Angeles Metropolitan Transportation Authority failed to property consider environmental studies for a proposed subway tunnel under Beverly Hills High School. Metro originally had a route under Santa Monica Boulevard in Century City, but realized it was in earthquake faults and therefore relocated the alignment. Activists in Beverly Hills have decried the new alignment, citing a range of safety concerns and accusing Metro of a "bait and switch." Beverly Hills listed nine reasons were Metro's EIS failed to meet NEPA requirements. These issues include air quality and public health, methane gas and oil wells, seismic faults, and public land usage to name a few. This section is expected to begin construction soon and be opened in 2026. Judge Wu's ruling is preliminary, and both parties must respond and return to court March 14 for a finalization of the ruling. Kings County Files Suit against High Speed Rail A lawsuit recently filed by Kings County and two Central Valley farmers against the California High Speed Rail Authority argues that the California bullet train violates state law because it is not following restricted placed under the $9 billion bond act that voters approved in 2008. They are explicitly arguing the project is not financially viable, will operate slower than promised ad has changed its design. The lawsuit hopes to halt funding for construction and land acquisition, and a ruling will be issued within ninety days. The lawyers for the Rail Authority say it is a disagreement of the expert opinions, and that the shared railway in the bay area will cut funding by $30 billion.  Novato to Add Station to New Commuter Rail System The Novato City Council voted to move forward with development of a third train  station  downtown to be served by the forthcoming SMART commuter rail service. The station would cost an additional $2.4 million. The mayor Pat Eklund and member Pam Drew opposed, while three approved of the additional station. The two opposed are worried about financing the additional project, but as Mayor Pro Tem Athas said "the benefits far outweigh the expense in the long run." The council voted against the city staff's recommendation. The SMART board of directors will meet next month to discuss integrating the downtown station into the current plan.

Gov. Jerry Brown's " May revise " (pdf) of the $122 billion 2017 state budget includes significant provisions meant to address homelessness and promote the production of housing. It calls for a $2 billion bond, supported by Prop 63, to proving up to 14,000 units of housing for mentally ill homeless people, plus support for the CalWORKS jobs program. The budget seeks to speed the production of housing by compelling localities to speed the ministerial approval of developments that meet certain requirements for providing affordable units. The revise reiterates Brown's support for bills such as Assembly Bill 2501, which would strengthen the state's density bonus law, and several bills promoting accessory dwelling units. Brown said that the state should not expect to solve its housing crisis purely through the development of subsidized housing. The League of California Cities opposes certain elements of the revise's housing plan for reducing local control over land use decisions.   Coastal Commission Chair May Recuse Himself from Controversial Vote California Coastal Commission Chair Steve Kinsey is considering whether he should recuse himself from voting on the controversial Banning Ranch project in Newport Beach because of two unreported private meetings with project representatives. Kinsey's possible breach of protocol could risk civil lawsuits and decisions being overturned were he to vote on the project. Kinsey's two private meetings involved site tours in which he challenged staff's decision of the area as environmentally sensitive habitat. Kinsey did not acknowledge his failure to complete the ex-parte notification until Los Angeles Times contacted him; he says he will now address the issue. In other Coastal Commission news, commission voted , 6-5, to endorse a bill that would ban ex-parte communications and private meetings between commissioners and developers, lobbyists, environmentalists and other parties. The is designed to improve transparency and restore public's confidence in the commission. The five commissioners that opposed the endorsement say banning ex-parte communications would limit the about of information that is heard on a specific project or publics ability to learn more about a development by contacting a commissioner directly.  Another bill by Assembly members Mark Stone (D-Monterey Bay) and Toni Atkins (D-San Diego) would require lobbyists to disclose their clients and register with the state before discussing with commissioners. The commission voted, 8-3, to endorse that bill. Santa Monica Wins A Round in Airport Fight In an unpublished ruling from the Ninth Circuit Court of Appeals, the City of Santa Monica has won a round against the Federal Aviation Administration in its attempt to close the Santa Monica Airport. The Ninth Circuit overturned a trial judge's ruling that the 12-year statute of limitations on Santa Monica's legal challenge had expired under the federal "Quiet Title Act". Title to the property has been in dispute, with the federal government arguing that the land should revert to the feds if it ever ceases use as an airport. The Ninth Circuit's ruling keeps the case alive and remands it to federal district court in Los Angeles.  Prop. 84 Park Spending May Have Short-Changed Disadvantaged Communities Ten years ago in 2006, California voters approved Proposition 84, which directed $5.4 billion to parks, protect natural resources and improve state's water quality and supply. UCLA Institute of the Environment and Sustainability released a report showing where the funds have gone and the inefficiencies of the initiative. Author Jon Christensen said some groups have received less of their fair share of the program. The report focuses on $2 billion spent on 2,174 projects that were to have local community benefits. The report found that 45 percent of Prop 84 funds went to disadvantaged communities, but it cautions that many of these communities are rural and therefore have low population densities. This led to marked disparities: Residents in rural areas within a half-mile walking distance of projects saw $7,475 per capita in spending in their neighborhoods, while residents in urban areas saw $209 in per capita spending. The report found that 56 percent of the funding overall was spent in areas that already had more park acres for each resident, while 44 percent was spent in park-poor areas. One Prop 84 program, the Statewide Parks Act, was successful in creating parks for disadvantaged urban communities with little green space. TKTK Candidate Questions Legality of San Diego Climate Plan According to some  analyses , San Diego's Climate Action Plan, adopted in December, may not be legally enforceable. The city committed to cutting its greenhouse gas emissions in half over the next 20 years and can be sued by citizens if it does not meet those goals. However, Mara Elliott, a candidate for city attorney,  says  it is fiction and the existing language needs to be changed. The plan will not be analyzed for weaknesses in language and other vulnerabilities to make a clear message to the public about the enforceability. The Climate Action Plan is tied to the General Plan, which is enforceable. Elliott argues it will not be enforceable until laws are adopted related to the plan; however, many other lawyers disagree. While everyone agrees the end goal of reduction by a certain year is enforceable, Elliott argues there needs to be specific implementation policies included. S.F. Sues University over Housing Conversions San Francisco City Attorney Denis Herrera is suing Academy of Art University for illegally converting many buildings in its a real estate empire. This dispute has been ongoing for over a decade, with hundreds of thousands of dollars in fines levied against the for-profit university. Academy of Art President Elisa Stephens purchased 22 buildings which it converted to university buildings without proper city authorization; many of these buildings house students but should be part of the city's affordable housing supply. The university spent $8 million and nine years on environmental impact reports and lawyer for the school calls this lawsuit "completely premature and unnecessary." The university offered as solutions: building own housing in the future, putting money into city's affordable-housing fund and converting existing buildings into affordable housing. Los Angeles Approves New Soccer Stadium The Los Angeles City Council voted, 12-0, to approve plans for a $250 million stadium complex for a Major League Soccer team on the site of the to-be-demolished Memorial Sports Arena in Exposition Park. The development will include 22,000 seats, 100,000 square-feet for restaurants, retail outlets, conference center, sports museum and 143,000 square-feet open space. The Sports Arena will be demolished this summer and the new stadium will open by 2018. This arena will create 1,800 permanent jobs, $129 million in economic activity and $2.5 million in local tax revenue annually. Costa Mesa Rejects Affordable Housing Proposal Amid controversy over the City of Costa Mesa's provision of affordable housing, a $20 million bond measure for affordable housing lost on a 3-2 vote. Mayor Pro Tem Jim Righeimer wrote the proposal to place a property tax on residents to generate funds for housing. He estimated that it would cost property owners $9.42 per $100,000 assessed value of their property over 20 - 30 years. The three other council members who voted against the plan say there was no specific plan  for developing affordable housing and constituted an additional tax. Los Angeles Turns to Crowdsourcing for Clean Streets Los Angeles is launching a $9.1 million initiative called Clean Streets to rank every street on its cleanliness. Initial research finds that 61 percent of streets were clean, 35 percent somewhat tidy and 4 percent were flat-out dirty. The 4 percent that received a "3" is equivalent to 376 miles. Unclear streets generally correspond with low-income  Other cities with similar street-rating systems are San Francisco, Philadelphia and New York. Los Angeles' is unique because it covers 22,000 miles; Bureau of Sanitation workers drove down every block in the city. To track conditions a tool called CleanStat was developed to implement new efforts cheaply and efficiently. Mayor Eric Garcetti said that the system is designed to encourage citizen participation: "it's really about hyper-accountability. Any business owner or resident can log on and check it out, then say to their council member: �Why the heck is our street a 3? I want it to be a 1.'" Court Rules for Cadiz's Mojave Desert Groundwater Transfer Plans A ruling by California's Fourth District Court of Appeal in Santa Ana gives Cadiz, Inc. the right to transfer ancient groundwater from Mojave Desert to parts of Orange County. Many years in the making, the Cadiz Water Project is a partnership with Santa Margarita Water District and other Southern California water agencies. Center for Biological Diversity was challenging the project saying CEQA was incomplete and second case dealing with San Bernardino County's approval of the project. While this was a victory for Cadiz, now they must fight for an 1875 railway right-of-way to build the 43-mile pipeline. The U.S. Bureau of Land Management in October rejected Cadiz's proposal, which the company is now trying to fight. L.A. Grants Clemency to Some �Bootleg' Apartments Los Angeles City Council tentatively approved so-called bootleg apartments in exchange for a 55-year period of affordable housing on affected properties. Bootleg apartments can be lofts divided into multiple units or storage spaces converted to tiny studios. This new law would ease L.A.'s housing shortage and make landlords bring their buildings up to code. There are multiple caveats to this: it can only be apartment buildings, had to have existed before December 10, 2015 and requirement of parking spaces could be waived. Every year 400 to 500 illegal apartments are removed following inspections because of the high costs (up to $20,000) to put the unit up to code. L.A. Businesses Fed Up with Traffic According to a recent survey conducted by the Los Angeles County Business Federation conducted a survey , local employers listed transportation as their second business concern, topped only by taxes and fees. Long commutes and traffic result in disruptions in productivity, goods movement and recruiting and retaining employees. Additionally, transportation problems will affect future job growth as 44 percent of employers ranked "traffic congestion" as a major reason that businesses and jobs leave the county. Across the county, more employers noted transportation-related public infrastructure as needing more attention: for instance roads and streets increased from 52 to 57 percent from last year and sidewalks and bike paths went up 4 percent to 29 percent. EIR Released for Burbank Airport Terminal Airport officials released a 3,700-page draft EIR for a new terminal at Bob Hope Airport in Burbank. The three options include a 355,000 or 232,000 square-foot terminal and third option is keeping the current terminal. The current airport is not in compliance with Federal Aviation Administration standards, needs to meet seismic-safety regulations and has asbestos in the walls. The plan is to build in the northeast section of the airfield but the southwest corner is being considered as an alternative. For all options, the consultant RS&H says there will be air quality and other environmental impacts. Tensions Rise over Proposed Gaming Compact in Madera County The North Fork Mono Indians have been trying to build a casino near Madera for years. California voters rejected the compact for the North Fork trip in 2014, but the Department of the Interior is looking into a new gaming compact, under which North Fork would not have to contribute for seven years until the casino is making profit. Groups that backed Proposition 48, Stand Up for California and other tribes, have sued. The Revenue Sharing Trust Fund asks gaming tribes to contribute 2 percent of their revenue from slots to distribute to non-gaming tribes. The North Fork Rancheria and Station Casinos will build a complex with 2,000 slot machines, 40 table games and a hotel.

California's $68-billion high speed rail is facing setbacks in its construction throughout the proposed route from San Francisco to Los Angeles.  Local elected officials and homeowners groups in suburban Santa Clarita as well as blue-collar San Fernando, Pacoima, and other communities are demanding the state abandon a proposed route that would use above-ground tracks and tunnels through the mountains between Palmdale and San Fernando, instead insisting that only underground routes should be considered. They expressed their concerns at a recent meeting of the HSR board. San Fernando officials said that the proposed train would cut their city in half with 20-foot-high walls and could destroy dozens of businesses and a police station at a cost of $1.3 million per year and 850 jobs. Additionally, an analysis by the rail authority shows that within a half-mile of the track, there could be noise and vibration affecting about 20,000 residences, 25 parks, 47 schools, 48 churches and nine hotels, as well as archaeological sites and wetlands. Also, in a settlement with the city of Bakersfield over the environmental impact of the train, the rail authority will cut eight miles of track from the first construction of a 130-mile section through the Central Valley and will review its proposed route through the city. EPA Releases New Environmental Risk Database A new tool released by the EPA highlighting the low-income, minority communities that face the greatest health risks from pollution, with some stark standouts in the Los Angeles area. The map tool, known as EJSCREEN , allows residents and policymakers nationwide  to look up how their level of environmental risk compares to the rest of the nation. With measurements based on census block groups averaging about 1,400 residents, the EPA found that many communities in southeast Los Angeles County, the Inland Empire and the San Joaquin Valley are among the most at-risk in the nation. Environmental justice groups, which for decades have battled the concentration of landfills, refineries, rail yards and other polluting facilities in poor communities of color, said they would use the map to press for more emissions-cutting projects and environmental enforcement in the most affected areas. Major Sacramento Housing Development Approved; Seeks More Units Downtown The Sacramento Planning Commission unanimously voted to approve the Sacramento Commons Project, a proposal to replace 1960s-era low-rise apartments with high-rise and mid-rise condominiums in a section of downtown known for its lush canopy of trees and pedestrian-oriented streets. Though the Sacramento Preservation Commission recently nominated parts of the project area to the Sacramento Register of Historic and Cultural Resources and recommended denial of the project, the proposal maintained the support of the Sacramento Metropolitan Air Quality District and the Sacramento Regional Transit for its proximity to an RT station, and it was also backed by labor unions, hotel and restaurant workers, and the Downtown Sacramento Partnership, which represents property owners. "We need an infusion of market-rate housing downtown, and we need it at increased density," commission member Todd Kaufman said at the Planning Commission meeting. Meanwhile, Sacramento Mayor Kevin Johnson launched a new housing initiative known as "Think Downtown" to market the city's downtown area as the region's "in" place to live and to develop new housing. The announcement follows Johnson's plan to build 10,000 housing units in the central city in the next 10 years, with a mix of 6,000 market rate units, 2,500 affordable units, and 1,500 units for people in more dire need of housing. Sacramento's downtown region has already rebounded from a virtual cession of development during the recession, with developers currently building or finishing projects like the 16 Powerhouse Project, the Warehouse Artists Lofts, and Township 9. Los Angeles Consideres Plan to Legalize �Bootlegged' Apartments Los Angeles landlords and tenant advocates have become unusual bedfellows in an attempt to legitimize the city's "bootlegged" apartments, wherein a landlord rents out a space usually carved out from a permitted apartment for an unlicensed lease. In many cases, the main barriers to legalizing these units are not construction or safety problems but city codes that mandate a minimum number of parking spots and limit the number of units on a lot. These problems have eliminated more than 1,700 apartments and exacerbated LA's housing crisis, officials say.Planning associate Matt Glesne told the Los Angeles Times that the existing process to seek relief from zoning requirements is "not cheap and not quick," costing landlords upward of $10,000, taking six to nine months, and forcing many landlords to simply shutter the unit. Under the new proposal, landlords would have limited time to seek to legalize existing bootlegged units, and would have to undergo a review process yet to be hashed out.  Threatened Salmon Prompt New Water Policy in Sonoma County In an effort to protect the state's highly endangered coho salmon populations, a new proposal would force around 13,000 landowners in 113 square miles of watersheds in Sonoma County to report their use of water from both surface sources and wells. Covering four tributaries of the Russian River, the new rules, if approved, would require all residential and commercial property owners, including wineries and vineyards, to use "enhanced conservation measures" and impose penalties of up to $500 per day to landowners who do not provide water use information. Piggybacking on last fall's unprecedented statewide move to regulate groundwater as well as surface water, Sonoma County officials are now also working on a local groundwater management plan likely to include well monitoring within the county. Orange County Accused of Mismanaging $1.7B Worth of Property An Orange County Grand Jury issued a report lambasting county officials for failing to keep adequate records of over $1.7 billion in unused or underutilized property that it must manage. The jury found that there are 2,300 real estate properties that must be managed by the county, but that the county has only partially complete or updated databases of its real estate holdings, and that the information is not consistent. "With the potential for future real estate decisions being based on unavailable or inaccurate data that could lead to less-than-desirable stewardship of (the) county's tax dollars, the grand jury believes that comprehensive and compatible real estate data information is necessary," the grand jury wrote in its report. AG Seeks to Depublish Decision on Tiered Water Rates; Riverside Sues Over Water Cuts The office of the state attorney general has asked the state Supreme Court to depublish a ruling by the 4th District Court of Appeals making it illegal for water agencies to use tiered rate structures to curb water use throughout the state. The court had found the tiered rate system -- wherein water guzzlers were charged higher rates for their use -- unconstitutional because the city of San Juan Capistrano charged more for water than it cost the city to provide the service in violation of Prop. 218. At least two-thirds of California water agencies now use some type of tiered-rate structure. If the state Supreme Court decides to depublish the appellate court ruling, that ruling could not be cited as authoritative in any other trial court or appellate court decisions, Proposition 218 expert Kelly Salt told the Los Angeles Times . In other drought news, t he city of Riverside has sued the state over a directive to cut water use 28 percent within the city as mandated throughout the state. Arguing that it has its own independently-owned, treated groundwater, Heather Raymond, a spokeswoman for Riverside Public Utilities, told the LA Times that Riverside's use has "zero effect on the state water supply" and that the city should be eligible for inclusion in a 4 percent conservation tier set up for localities with independent supplies of surface water. But, as Michale Lauffer, chief counsel for the State Water Resources Control Board, told the  Los Angeles Times , "Groundwater for many areas is the savings account available during times of drought, and the limited, 4% reduction tier is not available for communities who are relying on that savings account to weather the drought." Sacramento to Overhaul Housing Projects The Sacramento Housing and Redevelopment Agency is seeking to overhaul two public housing projects whose poverty-stricken residents have a long history of disconnect and disenfranchisement from the rest of Sacramento. The housing agency's plan is to replace the rows of antiquated barracks-like brick buildings in the Alder Grove and Marina Vista housing projects and temporarily relocate residents in order to construct a mixed-use neighborhood with both market-rate and affordable housing units.SHRA is looking at replacing the 751 current units with either 1,200 units or 1,500 units. The new community would build higher-density, five-story buildings with detached single-family residences at the south end of the neighborhood to help blend with the existing Land Park neighborhood. To realize the redevelopment, local housing officials hope that the federal department of Housing and Urban Development will give Sacramento up to $30 million through its Choice Communities Initiative grant program. However, the financing gap remains large, possibly totaling more than $70 million.  Pomo Tribe's Pot Farm Must Conform to Local Laws The Pinoleville Pomo Nation has scaled back plans to create a medical marijuana farm near Ukiah in an effort to clarify laws governing the tribe's jurisdiction. The tribe's initial plan, bolstered by similar projects proposed throughout the nation as tribes explore new ways to generate income, called for a $10 million pot-growing operation in multiple greenhouses spanning 110,000 square feet of the tribe's rancheria. However, the land is not held in federal trust, which would exempt it from local regulations, and the local sheriff contends that the tribe is limited to the 25-plants-per-parcel required for the rest of the county. "We're just staying within the law," tribe business board leader Mike Canales told the Press Democrat, indicating that the tribe would stay within the 25 plant-per-parcel limit for now. OPR to Host California Climate Action Conference  Cal Poly and the Governor's Office of Planning & Research have announced the second C alifornia Climate Action Planning Conference , to be held August 13 & 14 at Cal Poly San Luis Obispo. The program will cover topics including greenhouse gas emission targets beyond 2020, learning from climate action plan updates, recent court rulings and state policy, public outreach and education, regional collaboratives for climate and sustainability, challenges and solutions for the agriculture sector, public health and climate change, and climate adaptation strategies.

The City of Los Angeles will require economic impact studies for proposed Wal-Mart supercenters and certain other big box stores. The studies are intended to determine the effect of a new big box store on a neighborhood’s existing jobs, wages and businesses. The Los Angeles City Council’s approval of the new requirement came only two weeks before the Legislature approved a similar measure that would apply statewide. However, the fate of that measure, SB 1056 (Alarcon), appears uncertain in the governor’s hands. In August, the Los Angeles City Council adopted the economic impact study requirement for proposed stores of more than 100,000 square feet that would devote at least 10% of floor space to non-taxable items. The ordinance applies only in designated “economic assistance areas,” which cover roughly half of the city. Membership stores, such as Costco and Sam’s Club (which is owned by Wal-Mart) are exempt. Backers said the new requirement is necessary to ensure that a new big box does not force nearby stores to slash wages or close. The targets of the legislation are Wal-Mart supercenters, which have at least 200,000 square feet with a traditional Wal-Mart and a full grocery store. Wal-Mart has not yet proposed a supercenter for Los Angeles but has begun opening the gigantic stores elsewhere in the state. Labor union leaders and Wal-Mart opponents hope that the Los Angeles regulation becomes a model for other cities, especially if Gov. Schwarzenegger vetoes SB 1056. A second suburban Sacramento slow-growth ballot initiative has been blocked in court. In late August, Sacramento County Superior Court Judge Lloyd Connelly ruled against Folsom Citizens for Sensible Growth, which backed an initiative to prohibit development of 3,600 acres south of Highway 50 without subsequent voter approval. The measure would have required the land, which lies inside Folsom’s sphere of influence but outside the city limits, to be used consistent with Sacramento County’s agricultural policies. But because the initiative petitions did not include copies of those policies, Connelly threw out the initiative, which had been scheduled for the November ballot. One month earlier, a Placer County judge knocked a slow-growth measure off the City of Roseville’s ballot. Five cities in Northern California have settled two separate lawsuits by agreeing to tax landowners and developers, with the money going for conservation easements. The City of Roseville settled a lawsuit over the 3,100-acre, 8,400-home West Roseville Specific Plan that had been filed by environmental groups and the Town of Loomis (see , March 2004; Local Watch, August 2003). The city agreed to a conveyance fee of 0.5 percent on all home resales in the specific plan area for 20 years. The fee could raise up to $85 million for the Placer Land Trust. Meanwhile the cities of Escalon, Lathrop, Manteca and Tracy, and the South San Joaquin Irrigation District settled a lawsuit filed by environmentalists and anglers over the South County Water Project, which could provide up to 44,000 acre-feet of water to the cities. The settlement requires Lathrop, Manteca and Tracy to collect fees of $2,000 per acre when prime farmland is converted to urban use. The fee could generate up to $21 million over 30 years for conservation and agricultural easements. The Lake Elsinore City Council has approved a controversial 1,500-home, 700-acre subdivision despite Riverside County’s request for a delay and threat of litigation. The project site lies in a floodplain and atop a major earthquake fault (see , June 2004). During final hearings on the project in August, county representatives raised questions about potential flooding, storm runoff, the settling of building pads and traffic congestion. County officials charged that the city did not respond to the county’s concerns, nor did the city give the county adequate time to review an environmental impact report. The County Board of Supervisors discussed suing the city during a closed session hours before the Lake Elsinore City Council voted 4-1 and 3-2 to approve the project. City officials said they tried to satisfy the county’s concerns. who had supported an historic agreement regarding a proposed Indian casino have survived a recall vote. Only about 44% of voters in the Sonoma County town voted to recall Council Members Armando Flores and Amie Spradlin during an August special election. They were targeted by opponents of a plan from the Federated Indians of Graton Rancheria to build a large casino, hotel and auditorium on the edge of town. Last year, the City Council approved an agreement in which the tribe would pay the city, school districts and community groups $200 million over 20 years to offset the development’s impacts (see , November 2003). Two other council members who backed the agreement are up for re-election in November. The City of Desert Hot Springs has emerged from Chapter 9 bankruptcy that was induced in part by the loss of a Fair Housing Act lawsuit. A federal judge approved the city’s plan to pay its creditors in full, including more than $8 million owed to Silver Sage Partners and their attorneys. Three years ago, the Ninth U.S. Circuit Court of Appeals ruled that the city had illegally blocked development of Silver Sage Partners’ low-income mobile home park, and the court upheld a jury’s award to the developers (see , January 2002; , July 2001). Interest on the award, which was made more than 10 years ago, and attorneys fees have greatly increased the amount owed. The city of 17,000 people roughly 10 miles north of Palm Springs plans to issue bonds to retire most of the debt. In hopes of generating more revenue, the city has recently rezoned large tracks for spas and other tourist-oriented development. An engineering study that could show how to build both the transbay terminal in downtown San Francisco and an adjacent high-rise condominium project is due this month. Construction just got started on the residential tower in May when the city shut down the project. The foundation for the 51-story tower would prohibit construction of underground rail lines to the long-planned terminal (see , August 2004). The engineering study authorized by the San Francisco Board of Supervisors is supposed to consider the feasibility of pouring a gigantic concrete foundation, rather than pilings or a buttress wall to support the tower. Rail tunnels, which are years away, could later be drilled through the concrete, according to the proposal that engineers are studying. The Coastal Commission has approved a development permit for a wastewater treatment plant in the unincorporated San Luis Obispo County community of Los Osos. The permit might be the most significant step in the 30-year saga over the proposed sewer plant, which would replace about 6,000 septic tanks in the coastal community. A state-imposed building moratorium has been in place since the late 1980s because of the degradation of groundwater and the Morro Bay estuary. Project opponents contended the downtown site was wrong and that the $90 million project might not be necessary at all. They are expected to file a lawsuit, which could delay construction past the planned spring 2005 start date. The San Diego Association of Governments board has unanimously approved a regional comprehensive plan that uses transportation investment decisions to encourage high-density, infill and transit-oriented development (see , April 2004). In a mail ballot election, Contra Costa County property owners rejected an annual tax of $25 per house to preserve open space and fund other environmental programs. The weighted vote against the countywide benefit assessment district was 54% to 46%.

In what might be the first land use corruption case to bring down a California sheriff, San Joaquin County Sheriff T. Baxter Dunn pleaded guilt in January to one count of mail fraud and resigned from office. He faces up to18 months in prison. Also pleading guilty in the federal corruption case were former county Supervisor Lynn Bedford for lying to the FBI, and former Office of Criminal Justice Planning Director N. Allen Sawyer for misusing a state office for personal gain. The scandal involved a proposal to build a power plant at the Port of Stockton. Dunn, Sawyer and San Joaquin County political operative Monte McFall in 2001 allegedly tried to shake down two companies interested in developing the power plant. Calpine Corp. refused to deal with the men, but Sunlaw Energy Corp. agreed to pay them a commission of at least $2 million if Sunlaw got to build the power plant. Dunn lobbied a Port of Stockton commissioner on Sunlaw's behalf and urged the Board of Supervisors to oppose a Calpine Project in Alameda County, all without revealing his financial stake. He also tapped into a police database to gather information on a Port of Stockton employee. While on the Board of Supervisors, Bedford conducted a meeting at his home in which he and McFall pressured a Calpine representative not to pursue the port power plant. During meetings with Sunlaw, Sawyer implied that he was representing the governor's office. Appearing before federal District Court Judge Morris England Jr., Dunn said, “I am profoundly sorry for my conduct.” In a memorandum to employees, the 14-year sheriff accepted responsibility for his conduct but he wrote that he was involved in nothing more than a “harmless, legal business venture.” Dunn, Bedford and Sawyer are scheduled to be sentenced in March. McFall and J. Tyler Reeves, a former aide to Bedford, were scheduled to stand for a trial beginning at the end of January, a trial in which Dunn, Bedford and Sawyer have agreed to cooperate with prosecutors. THE LEGISLATIVE ANALYST'S OFFICE (LAO) has recommended that state lawmakers pass a number of measures to beef up mitigation of coastal development, measures that could raise the cost of development. The LAO's findings were based on its investigation of the Coastal Commission's mitigation techniques. The commission has relied heavily on “offers to dedicate” (OTDs) as a way of providing physical or visual access to the ocean, and to protect natural resources. Frequently, the commission has required OTDs, which are often easements, rather than up-front mitigation as a condition of coastal development permits. However, OTDs require a third party (a different government agency or a nonprofit organization) to accept them, build any improvements and provide maintenance. The LAO found that of the 2,700 OTDs the commission has required since 1977, 40% have never been accepted, and the commission does not even know the status of another 233. Moreover, about 80 OTDs are scheduled to expire every year through 2008. In its mid-January report, the LAO recommended that the Legislature: o Direct the commission to report by January 1, 2006, on the status, location and expiration date of all outstanding OTDs. o Require the commission, in conjunction with the State Lands Commission and the State Coastal Conservancy, to develop a detailed plan for accepting, developing and opening all outstanding OTDs. o Require that the Coastal Conservancy accept responsibility for public accessways that are required in the future, at least until a third party is found to take permanent responsibility. o Demand the payment up front of an impact fee to cover the future capital costs related to an OTD. o Raise coastal development permit fees and dedicate the money to the maintenance and operation of easements. The LAO also urged the Commission, whenever possible, to demand up front mitigation. The LAO pointed to the San Francisco Bay Development Commission, which does not use OTDs as a mitigation tool. The Coastal Commission appeared to welcome report, and state Sen. John Laird (D-Santa Cruz) appeared ready to carry at least some of the recommended legislation. The LAO report, “Improving Coastal Access and Development Mitigation,” is available at www.lao.ca.gov . NOT OFTEN DOES A GENERAL PLAN PROCESS receive the scrutiny of a grand jury, but the Monterey County grand jury had few good things to say about the county's general plan update in a report released in January. The grand jury found, “The Board of Supervisors employed a laid back, wait and see attitude in the development of the general plan. It failed to provide guidance and direction up front which may have saved time and funds. The Board of Supervisors and the CAO have allowed special interest groups to have undue influence.” The grand jury also reported, “The land use and planning objectives of and for the county are outdated, confusing and frequently changing, according to the supervisors and administration.” Supervisors and the CAO must respond formally by April. After spending nearly five years and $5 million on a general plan update, the county last year scrapped much of a draft general plan and installed a new general plan team (see , July 2004). The grand jury's report is available at www.monterey.courts.ca.gov/grand_jury.html . ORANGE COUNTY HAS PARTIALLY FENDED OFF one developer's challenge of how the county spent excess building fees. During the 1990s, the county built up an $18.5 million surplus of building permit fees. Developer Barratt American sued over the surplus, forcing a fee reduction. The county used the excess revenue to subsidize operations while fees were reduced. The county also refunded $1 million in fees and bought a $5.5 million computer system. When building activity slowed, however, the county Planning and Development Services Department started to run a deficit that by late 2002 had reached $500,000 a month. The county ended up spending $8 million in general fund money on the department, reorganizing the agency and switching to a time-and-materials fee system. Planning and Development Services Director Tom Mathews retired, more than 30 department employees lost their jobs, and eventually county supervisors fired County Executive Officer Michael Schumacher. Barratt American's latest lawsuit was over the spending of the $18.5 million. Orange County Superior Court Judge Robert Jameson ruled that the county had properly expended $14 million, but he said the county did not provide documentation regarding $4.5 million - a conclusion that county officials dispute. Nevertheless, Jameson ordered the county to reduce fees by $4.5 million. THE CITY OF TURLOCK HAS WON a lawsuit filed by Wal-Mart over a city ordinance that bans stores of more than 100,000 square feet that devote at least 5% of floor space to non-taxable items. Stanislaus County Superior Court Judge Roger Beauchesne ruled that the ordinance was not anti-competitive and instead was a response to legitimate concerns regarding blight, traffic congestion and air pollution. The judge also agreed with the city that the ordinance was exempt from environmental review. Turlock adopted the ordinance in 2003 because city officials feared that a Wal-Mart supercenter would force existing grocery stores to close, which would lead to vacant and run-down shopping centers (see , January 2004). The case is , San Joaquin County Superior Court Case No. 345253. FARMERS WITHIN THE PAJARO VALLEY Water Management Agency as well as agency Board Member John Eiskamp have sued the agency over water rate increases to pay for a $200 million water pipeline. The pipeline project, which is under construction, would bringing freshwater to the coastal portion of the agency's territory, where the water would help offset an overdraft of groundwater that has permitted saltwater to intrude into the aquifer (see , June 2004). However, the agency has spread the cost of the project among all agency customers, including inland landowners not affected by the saltwater problem. Rates have more than doubled to $160 per acre-foot, a very high price for agricultural water. The lawsuit contends that the district should have conducted an election on the rate increase.

A dispute over water rights is threatening to shut down development around Lake Arrowhead in San Bernardino County. In August, the state Water Resources Control Board ruled that the Lake Arrowhead Community Services District does not have the right take water from the lake, which has been the district’s primary source since 1978. The water board also fined the district $182,000 and has ordered the district to submit a plan for replacement water sources by October. The district has appealed the decision, but, in the meantime, has stopped selling new water meters. Two years ago, local resident Ted Heyck filed a complaint with the state board, contending that the water district never applied to the state for the right to take water from the reservoir. Heyck has since been elected to the community service district’s board. He says the district should pursue other water sources. Other district officials say they have been doing just that during the last two years — drilling new wells, reviewing water recycling options and signing 15-year contracts with two nearby districts that have access to the State Water Project. Still, the 8,000-customer Lake Arrowhead district argues it owns water rights established prior to 1914, when the state first began regulating water use. The district says a previous utility transferred the rights to the district. The state board, however, determined that those rights are only for recreational use of the reservoir, and not for residential consumption. In a stunning turn, a U.S. District Court judge has ordered two lawyers who filed a racketeering lawsuit against environmentalists and federal employees to pay $267,000 in sanctions. The order from District Court Judge Manuel Real came in a case that has been remarkable from its outset. In November 2004, developer Irving Okovita filed a Racketeer Influenced and Corrupt Organization (RICO) lawsuit against three U.S. Forest Service employees and the leader of an environmental group. Okovita wants to develop a 12.5-acre project with 133 condominiums and 175 boat slips in the unincorporated town of Fawnskin, on the north shore of Big Bear Lake. He received San Bernardino County approval for the project, but a federal judge in May 2004 halted construction because of potential harm to bald eagles, an endangered species. Okovita’s lawsuit claimed that Sandy Steers, who heads Friends of Fawnskin, Scott and Robin Eliason, a couple who are USFS biologists and members of Friends of Fawnskin, and USFS Supervisor Gene Zimmerman conspired to halt the real estate development. The lawsuit accused the federal employees of abusing their office for personal gain and to lower the value of Okovita’s property so the Forest Service could purchase it. The lawsuit claimed all four overstated the value of the 12.5 acres as eagle habitat. A number of entities intervened on behalf of the defendants, including the state attorney general’s office, which called Okovita’s lawsuit a strategic lawsuit against public participation (SLAPP). The federal Department of Justice got the federal government substituted as the lead defendant. Early this year, Judge Real threw out the lawsuit. In August, Real ordered attorneys Wayne Rosenbaum and Susanne Washington of Foley & Lardner — not Okovita — to pay $267,000 in sanctions for filing a frivolous racketeering lawsuit. Because winning attorneys had sought only $175,000, many people believe Real was trying to make a point about meritless lawsuits. Foley & Lardner has vowed to appeal. The case is , EDCV04-1387. Thousands of City of San Jose employees began moving into the new, Richard Meier-designed city hall during August. Similar to many major civic center projects, the San Jose city hall project had to overcome litigation and political opposition. The San Jose project took two years longer than expected to complete, and its final $382 million cost was approximately 80% more than originally estimated. Nevertheless, the 18-story glass and anodized aluminum structure has drawn mostly positive reviews. Maybe the most remarkable part of the 550,000-square-foot facility is a 10-story-tall, freestanding glass dome in the public plaza. The new city hall on East Santa Clara Street also brings the municipal government back to downtown from a more suburban site on North First Street and from a variety of leased spaces spread around town (see , June 1999). The validity of a subdivision map recorded in 1907 has been upheld by a Monterey County Superior Court judge. The decision appears to permit development of a 73-lot housing subdivision on 16 acres of farmland in the unincorporated town of Spreckels. In January 1907, the Monterey County Board of Supervisors approved the “Official Map of Spreckels,” which shows the disputed subdivision. Judge Kay Kingsley ruled that because the map was recorded in compliance with the version of the Subdivision Map Act in effect at the time, the map was valid. Spreckels was originally a company town built for workers at the Spreckels Sugar Company, which closed in 1982. Located about four miles south of Salinas, the 185-home town is a designated historic district and was the location where the movie “East of Eden” was filmed. After county supervisors last year voted to recognize the 73-acre subdivision, Spreckels residents and LandWatch Monterey County sued. They argued that because the county in 1907 had no discretion over the map, the document did not create legal parcels. The validity of antiquated maps has long been a question in California. Two years ago, the state Supreme Court ruled that maps created before 1893, when the first predecessor of the Subdivision Map Act was adopted, do not create valid subdivisions for today’s purposes ( , 29 Cal.4th 990; see , March 2003). The decision also appeared to call into question the validity of maps created between 1893 and 1929, the year when local governments received specific authority to decide on a subdivision map’s design and improvements. An appeal is likely in the Spreckels case. In the meantime, the property owner, the Tanimura family, intends to start grading the site. The California High-Speed Rail Authority has released the final program environmental impact report for the proposed 700-mile-long rail system. The document pegs the cost of building the entire system at “over $33 billion” in 2003 dollars. However, an alternative that involves building more highway lanes, and additional airport runways and gates, would cost more than $82 billion and have greater environmental impacts, according to the report. The EIR, which serves as an environmental impact statement for federal purposes, deferred some difficult issues — such as selecting route alignments between the San Joaquin Valley and the Bay Area, and between Burbank and Los Angeles Union Station. The study says the high-speed rail line could carry up to 68 million passengers by 2020. However, no money has ever been budgeted for construction, and a statewide bond is unlikely to appear on the ballot before 2008. The Authority and the Federal Railroad Administration are scheduled to certify the environmental study this fall. The next step in the project would be preparation of a study to determine the best route over the mountains separating the Central Valley from the Bay Area. Litigation over the 14,000-unit Rancho Mission Viejo housing project in southern Orange County has been settled. Environmental organizations agreed to drop their lawsuit in exchange for developer Rancho Mission Viejo’s concession to shrink development envelopes and permanently protect 17,000 acres of habitat and farmland. Nearly one year ago, the Orange County Board of Supervisors approved the Rancho Mission Viejo project (see , January 2005). The project called for 14,000 housing units, mostly single-family homes, and three large mixed-use centers that would provide thousands of jobs. The project was designed with development “pods” totaling about 8,000 acres spread across the 23,000-acre ranch. At the time, environmentalists complained about the spread-out nature of the development and the lack of protection for undeveloped areas. Conservation groups, including the Endangered Habitats League, the Sierra Club and the Natural Resources Defense Council, sued over a number of project aspects. Under the agreement signed in August, the total amount of development will not change. Rather, it will be contained in a tighter area of about 6,000 acres. The remaining 17,000 acres will be protected as habitat or farmland. The developer, Rancho Mission Viejo, now must amend details of the plan approved in 2004. Meanwhile, federal and state wildlife officials are working on plans for a nature reserve.

The sale of 49 state-owned properties could bring the state between $1.6 billion and $4.4 billion, according to a report by the California Performance Review panel. However, some of the most valuable properties are very sensitive, and proposed private development could touch off fierce battles. The report divides the properties into two categories. The first is composed of 37 properties that have already been declared surplus but have not been sold, and “underutilized portions of facilities currently in use.” The second category of 12 properties lists the most valuable real estate. Those properties, the CPR suggests, could be put to better uses. The second category is the more intriguing. The properties listed are: o 850 acres of the Napa State Hospital currently leased to the City of Napa for parkland o Undeveloped portions of the Cal Expo state fairgrounds, including more than a mile of American River frontage o Fairgrounds in Del Mar, Costa Mesa, Ventura, Santa Barbara, Antioch and Napa o San Quentin Prison o Los Angeles Memorial Coliseum and Sports Arena o The Cow Palace in Daly City o 455 properties in Pasadena, South Pasadena and El Sereno that the state acquired for the long-stalled extension of the Long Beach Freeway. Officials with the CPR stopped short of suggesting that any of these properties should be sold or developed, recommending only that state officials review how the properties are used and whether taxpayers are getting the most out of the real estate holdings. The CPR does make recommendations regarding management of real estate, including passage of a state law requiring binding arbitration to resolve disputes between the state and local governments regarding the surplus or reuse of state property. The report is available at www.cpr.ca.gov . IN A SERIES OF THREE AUDITS, Los Angeles City Controller Laura Chick has faulted the loan and real estate practices of the city's Community Redevelopment Agency (CRA). “My audits of the CRA revealed an agency lacking the most basic of written procedures governing the issuance and collection of loans, the award of subsidies or the transfer and use of land,” Chick said upon release of the final audit at the end of October. “It is imperative that we work together to improve the management and oversight of the agency.” Regarding development loan practices, Chick found that the CRA awarded loans without conducting in-depth underwriting evaluations, did not monitor loans properly and failed to require adequate collateral to secure loans. She also reported that the agency did not adequately monitor compliance with housing affordability covenants, inspect properties or collect its share when properties were sold or foreclosed. Regarding real estate transactions, Chick found that CRA did not “track the disposition of its real estate properties,” did not maintain land inventory records and failed to follow policies when disposing of real estate. Chick, a former city councilwoman, called on the “city's leadership” to conduct hearings regarding CRA oversight. Agency Executive Director Bud Ovrom and CRA Board of Commissioners Chairman Paul Hudson said the agency had cooperated with Chick's audits and would use the recommendations to improve operations. All three audits are available on the city controller's website at www.lacity.org/ctr . THE LOS ANGELES COUNTY BOARD OF SUPERVISORS has adopted new regulations that could limit development on 33 square miles in the Santa Monica Mountains. The regulations require builders to get a conditional use permit to grade more than 5,000 cubic yards of soil. Previously, a use permit was needed only for projects involving at least 100,000 cubic yards of grading. The new rules also require development to be located at least 50 vertical feet and 50 horizontal feet from ridgelines. The regulations adopted in November help implement the North Area Plan, which the county adopted four years ago to reduce subdivision activity in the mountains between Malibu and the San Fernando Valley. During public hearings, landowners and developers complained that the new regulations amounted to a “land grab.” But state and federal parks agencies, the Santa Monica Mountains Conservancy and the cities of Agoura Hills and Calabasas supported the measures. A NEW REPORT PREPARED BY the Greater Los Angeles and Ventura County Chapter of the Building Industry Association and the Los Angeles County Economic Development Corporation warns of dire economic consequences if the pace of homebuilding does not increase during coming years. The study identified a new housing shortfall from 1990 to 2004 that totaled 282,000 units in Los Angeles County and 9,460 units in Ventura County. If population growth continues to outstrip supply, the study warns, businesses will move elsewhere because they cannot afford to pay employees adequately, companies will struggle to recruit new employees, young families will move elsewhere, attracting companies to the region will become increasingly difficult, families will “double up,” and more people will be forced to commute long distances from outlying areas with less-expensive housing. The report's recommendations for improving the situation were familiar. To overcome NIMBYism, for example, the study recommended addressing citizens' complaints “by creating, funding and implementing coordinated infrastructure and housing plans.” The report also urged an overhaul of the California Environmental Quality Act. The study is available at www.bialaventura.org . WHAT MIGHT BE ONE OF THE LAST large-scale housing developments in Orange County received approval in November when the Board of Supervisors approved a 14,000-unit development proposed by Rancho Mission Viejo. During a standing-room-only meeting, the Board of Supervisors approved an environmental impact report, a general plan amendment, zoning changes and a development agreement. The project encompasses 14,000 dwelling units and 5.2 million square feet of commercial development on 7,700 acres. About 15,100 acres will permanent open space, under the approved plan. The Sierra Club intends to challenge the county's decisions in court. The cities of Mission Viejo and San Clemente, which complained about potential traffic from the south county project, might join the litigation. THE RIVERSIDE COUNTY TRANSPORTATION Commission reported that cities and the county have failed to collect a new regional transportation impact fee about one quarter of the time. In a report released in November, the Commission found that $180 million, of an expected $726 million in a five-year forecast, in Transportation Uniform Mitigation Fees (TUMF) was apparently waived or uncollected for other reasons. Under the TUMF program, the county and all 14 cities in western Riverside County are supposed to collect $6,650 per house, and varying amounts for commercial and industrial development, for regional transportation improvements (see , March 2003). A sizeable portion of the uncollected amount apparently is due to development agreements that were signed prior to June 1, 2003, when the TUMF became effective. At least one city (Temecula) waived the regional traffic fee in exchange for a developer's agreement to build road and freeway ramp improvements. Nearly every multi-family housing development in the San Gorgonio Pass area was apparently exempted from the fee. Although the Transportation Commission accepted the report, representatives of four cities voted not to accept the report because they said it was inaccurate. MIGRATION TO AND FROM the Central Valley varies significantly in different parts of the 19-county region, according to a new report by the Public Policy Institute of California. The Upper Sacramento Valley is losing college graduates while attracting retirees, the Sacramento area is drawing skilled workers, Bay Area commutes are flocking to the North San Joaquin Valley, and the South San Joaquin Valley is getting more low-skilled immigrant workers, according to the report. The study, called “The Central Valley at a Crossroads: Migration and its Implications,” found that public and private institutions are responding differently, based largely on specific regional challenges. For example, economic development efforts in the South San Joaquin Valley focus on “vertical integration” of the agriculture industry, such as post-harvest processing, and on sectors that rely on inexpensive labor, such as call and distribution centers. In the Sacramento metro area, which has a robust economy, the emphasis is on better urban planning and improving air quality. The study is available online at www.ppic.org .

A jury has awarded a Santa Barbara County landowner $5.6 million in general and punitivedamages because the county designated part of the landowner's farm as protected wetlands. The jury ordered the county to pay Adam Brothers Farming $5.47 million. The jury also ordered three current or former county planning department employees to pay a total of $100,000 in punitive damages, and found a planning consultant liable for another $30,000 in punitive damages. The jury found that the county conspired to designate a 95-acre portion of a 286-acre farm near Orcutt as wetlands in an attempt to suppress the value of the land. Insisting the county had done nothing wrong, officials said they would take the case to the Court of Appeal. The county in 1999 ordered Adam Brothers, which bought the land in 1997, to stop farming the disputed site without grading and other permits. The company graded and planted the site anyway, leading to a U.S. Environmental Protection Agency raid. A federal lawsuit against Adam Brothers that seeks millions of dollars in damages and mitigation fees for destruction of sensitive areas is set for trial this month. IN A DECISION THAT HAS INFURIATED ENVIRONMENTALISTS and State of California officials, the Bush administration has settled a takings lawsuit with several San Joaquin Valley irrigation districts and farming companies. The administration announced in late December that it would pay the group $16.7 million. The water agencies and farmers had sued the federal government because of reduced water deliveries during 1992 and 1994, when water managers curtailed diversions from the Delta to protect runs of endangered fish. A U.S. Court of Federal Claims judge in Washington D.C. concluded that the districts and farmers had a property right to the water and were due $14 million, plus interest (see , March 2004). Members of the Schwarzenegger administration, as well as the State Water Resources Control Board and even attorneys within the federal government urged the Bush administration to appeal the ruling. How much of a precedent the payment sets is unclear. The settlement itself states that no legal precedent is being established. But both sides said there is a precedent. Roger Marzulla, the Washington attorney who won the case, told the the case “establishes the fundamental principal that the government is free to protect the fish; it simply has to pay for the water it takes to do so.” The case is , (2003) 59 Fed. Cl. 246. RIVERSIDE COUNTY HAS APPROVED a revised plan for one of the largest subdivisions in county history in an unincorporated area between Hemet and Temecula, and the revisions appear to have satisfied opponents of a previous plan. The specific plan for the Domenigoni Valley project calls for about 4,200 houses, as well as two schools, a golf course and commercial development on 1,734 acres. In 2001, the county approved a similar, 4,600-unit project for the same site, but the City of Temecula and the Endangered Habitats League sued. Temecula was concerned about traffic on its streets, while the environmentalists worried about the loss of habitat. The revised plan calls for a phasing of improvements to arterial roads that connect the Domenigoni Valley to Interstate 215, which lies several miles southwest of the project site. Under the approved plan, the developer, the Domenigoni family, must put in some roads before any housing development begins and must provide other improvements at certain phases of the project. Those changes satisfied Temecula. Meanwhile, environmentalists dropped their opposition because the county has since adopted a multiple-species habitat conservation plan that covers all of western Riverside County, including this project site. A MOVEMENT INTENDED TO HALT construction of a Wal-Mart supercenter in the San Gabriel Valley city of Rosemead appears to have gone awry. Project opponents gathered more than 2,000 signatures on a referendum of a city-approved development agreement with Wal-Mart. The referendum, however, did not target the general plan amendment for the project. So the City Council in December repealed the development agreement, eliminating the need for a referendum election. Other project approvals remain in place, and Wal-Mart representatives said they could break ground as soon as this month. An opposition group called Save Our Community said it would pursue a court challenge. THE MONTEREY COUNTY BOARD OF SUPERVISORS in December approved a the 4,000-unit, 2,700-acre Rancho San Juan specific plan only two weeks after the county's Planning Commission unanimously voted against the project (see , June 2003). Supervisors voted 3-2 for the project just north of Salinas, but the battle is hardly over. County officials said they would likely return with plan amendments within six months. Project opponents have vowed to sue. THE CITY OF LATHROP in San Joaquin County has approved another huge development, this one a 6,800-unit specific plan backed by Richland Planned Communities, Inc. During the last two years, the city of about 13,000 people has approved nearly 20,000 housing units in four large developments (see , March 2003). Some construction has already begun. THE FINAL ELECTION TALLIES in San Diego and Sonoma counties found that transportation sales tax measures narrowly won. San Diego County's extension of a half-cent sales tax for 40 years received 67.01% of the vote, winning by 3,400 votes out of slightly more than 1 million votes cast. In Sonoma County, a new quarter-cent sales tax received 67.2% of the vote, winning by 1,072 votes out of about 210,000 votes cast. The final results mean that 7 of the 10 sales tax measures for transportation improvements on county ballots during November were successful (see , December 2004, October 2004).

The first local initiative to copy Oregon's Measure 37 may appear on the ballot in Napa County, possibly during this November's special election. In late June, the Napa Valley Land Stewards Alliance submitted signed petitions on the “Fair Payment for Public Benefit Act.” The initiative would require the county to pay property owners when a new land use regulation decreases property values. If the county and a property owner cannot agree on an amount for compensation with 100 days, the property owner may go to court, under the initiative. The initiative mimics the November 2004 initiative approved by Oregon voters (see , April 2005). Proponents are members of a group who helped defeat a county stream setback ordinance at a referendum election last year (see , March 2004). Property rights advocates in other counties, including San Luis Obispo County, are considering placing similar initiatives on local ballots. The Napa County initiative is available at www.landstewards.org THE FRESNO COUNTY GRAND JURY has recommended the county implement a building moratorium “until proven water sources are located, developed and preserved.” The mid-June report arrived just as a newly formed water advisory committee got started on a plan to bring together water agencies, developers, civic leaders and local government officials. The committee, headed by Clovis City Councilman Harry Armstrong, intends to inventory water supplies and recommend ways to improve water availability. In recent months, Fresno County officials have been hesitant to approve new subdivisions in the eastern foothills because of both groundwater and surface water supply concerns (see , May 2005). Formation of the advisory committee and placing new requirements on groundwater users are among the steps the county has implemented - but those were apparently not enough for the grand jury. “Without a regional oversight of water use and sales, the rapid growth in Fresno County is a potential disaster,” reported the grand jury, which also found, rather surprisingly, that agriculture consumes less water per acre than houses. The grand jury report received a mixed reception. “I guess I was really disappointed in the fact that they would make any statement about water at all until the county's water study is done,” Supervisor Bob Waterson told the . THE CITY OF BERKELEY and the University of California have settled a lawsuit that the city filed earlier this year over UC's Long Range Development Plan for the Berkeley campus. The university agreed to work with the city on, and help pay for, a downtown area plan that would guide revitalization of the city's core. Additionally, UC agreed to reduce new parking spaces by half to 1,270, increase annual payments for municipal services and programs from $500,000 to $1.2 million, explore a “use tax” on campus purchases of out-of-state goods, and consider programs that favor hiring Berkeley residents and buying local products. City officials agreed to drop their demands for additional sewer fees and for parking surcharges. The long-range plan calls for building 2.2 million square feet of space for additional academic and support programs over 15 years (see , June 2005). However, city officials said the plan burdened city services and did not protect city desires for off-campus development. The proposed downtown plan would not be binding on UC, but both UC and city officials said they expect the plan would strongly influence university building decisions. “This agreement ensures our community will have a real voice in future development by the university, provides funding for vital city services, and reinforces out commitment to reducing traffic congestion and improving transit alternatives,” Mayor Tom Bates said. Still, three of nine City Council members voted against the settlement, and a group called Berkeleyans for a Livable University Environment said they would try to carry on the litigation without the city. MARIN COUNTY HAS SUED the state Department of Corrections over the environmental impact report (EIR) for the construction a new death row at San Quentin. In a lawsuit filed in June, the county argues that the EIR does not adequately address project alternatives, or impacts on nearby communities such as traffic congestion, lighting glare and ugly aesthetics. Marin County officials and some civic groups want the state to build a new condemned inmate facility elsewhere (see , April 2005). But state officials say the $220 million project belongs at California's longtime home of death row. THE CITY OF MISSION VIEJO HAS DROPPED its lawsuit over Orange County's approval of a 14,000-unit development on Rancho Mission Viejo (see , January 2005). The city filed its lawsuit because of traffic concerns. The settlement calls for the county to give priority to improving two intersections and two parkways that serve Mission Viejo residents and that will carry traffic from the new development. A lawsuit filed by environmentalists is still pending. OPPONENTS OF A PLAN TO EXPAND the San Diego Zoo lost the first round of their lawsuit when San Diego County Superior Court Judge Ronald Prager confirmed a tentative ruling against the group Preserve Our Parks. The group contends that the city should not have approved the zoo expansion and an environmental impact report before completing a parking study for all of Balboa Park, a study that the city has yet to finish. The city approved the zoo plan last year after years of planning and debate (see , June 2001; , April 2000). The plan calls for expanding the zoo onto what is now the zoo's surface parking lot, and building a new parking structure underground. The city and zoo, however, currently lack funds to carry out the $300 million project. THE TRANSBAY TERMINAL IS BACK on track - maybe. In June, the First District Court of Appeal lifted an injunction halting work on the project while a California Environmental Quality Act lawsuit over the project proceeds. A San Francisco judge halted work in May after he found that the EIR for the multi-modal transportation hub was inadequate because the study did not consider the project's impact on a condominium project planned across the street (see , May 2005; , August 2004). The First District, however, said work may proceed while an appeal of the Superior Court's ruling on the EIR is pending.