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- CP&DR News Briefs, June 8, 2015: Island Land Transferred to S.F.; High Speed Rail Considers Eminent Domain; Sacramento Rejects Streetcar
In the first phase of a landmark redevelopment deal many years in the making, the U.S. Navy transferred nearly 300 acres of its old Treasure Island/Yerba Buena Island naval base to the City of San Francisco to redevelop the campus into 8,000 homes in exchange for $55 million to the Navy. The city has approved plans to build 2,000 affordable units, along with 300 acres of parks and open space on the campus, and will create a new ferry service to become a cornerstone of the island's transportation program. "It's taken almost two decades to get to this point, and we're eager to transform this former naval base into a vibrant community with more housing, jobs and economic opportunities for our residents," Mayor Ed Lee announced. High Speed Rail Identifies Properties for Eminent Domain The California High-Speed Rail Authority has listed over 200 properties in the Central Valley for possible eminent domain proceedings to accommodate construction of the first two segments of its network. The State Public Works Board, made up of the heads of the state's Transportation, General Services, and Finance departments, recently voted to adopt 23 resolutions declaring a public need and authorizing the acquisition of properties in Fresno, Madera, Kings, and Tulare Counties. Since December 2013, the Public Works Board has adopted 230 such resolutions covering more than 625 acres of land in the four counties in anticipation of the $68 billion project planned to be fully operational by 2028. Now a Superior Court judge will decide if the agency is entitled to the property, and, if the judge rules in the train's favor, a trail will determine the fair market value due to the owner. Sacramento Voters Reject Streetcar Plan Advocates for a new streetcar line in downtown Sacramento suffered defeat when a small group of voters in the surrounding neighborhood rejected plans to create a $30 million streetcar tax district to help finance the project. Property owners had formerly expressed enthusiasm for the project, with sixty-eight percent approving the idea to finance the $150 million plan. But with both renters and owners opining in the most recent vote, that number skewed to 52 percent voting no. Advocates have stated that they will not give up the quest to build the 3.3-mile system, though they have no Plan B to grab the necessary funding for the project. The city of West Sacramento has already agreed to put in $25 million, and the federal government has agreed to finance half the project, though that money could disappear if local officials can't nail down the other $75 million. Bay Area Bike Share to Expand The Bay Area Metropolitan Transportation Commission approved a plan to expand the Bay Area's bike share program tenfold, spanning eight cities and making it the second-largest program in the nation. The plan would expand San Francisco's fleet from 328 to 4,500 bikes and San Jose's from 129 to 1,000. It also would bring the bikes to the East Bay cities of Oakland, Emeryville, and Berkeley for the first time. MTC has committed $4.5 million in capital costs to expand the program to emerging communities, and the expansion comes free to taxpayers as the costs are paid off by memberships. Sacramento Region Initiates Marketing Partnership A group of 15 communities in the Sacramento region agreed to an economic marketing partnership in an attempt to draw business to the region. Under the auspices of the nonprofit Greater Sacramento Area Economic Council, the group developed a process for promoting residential and commercial real estate and other assets that would appeal to companies considering a relocation or expansion. Additionally, if a company seeking relocation decided that a certain community wasn't the right one for relocation, officials from that area would help the company find a proper fit elsewhere in the region. In return, that community would be given an opportunity to help design the Greater Sacramento's regional marketing plan. "I think it will certainly open up more much more incentive -- if we cannot accommodate a company's needs -- to ensure they will find an option within the region," City of Woodland community development director Ken Hiatt told the Sacramento Business Journal. S.F. Supervisor Seeks to Undo Giants' Stadium-Area Plan San Francisco's Supervisor Jane Kim is gearing up for a battle with the San Francisco Giants on the November ballot, proposing a building height limit and affordable housing amendment that flies in the face of the Giants' long-planned development just south of AT&T Park. The Giants are paying for the project, but under Proposition B, which requires voter approval of any development on port property exceeding current height limits, they decided to put the 28-acre mixed use development on the November ballot. The Giants' proposal includes buildings that reach 240 feet, and they have committed to making 33 percent of the 1,500 units "affordable," which they define as families earning up to 140 percent of the area median income, or $122,000 per year. Kim's proposal would cap the height limit at 120 feet and require half of the residential units to be dedicated to affordable housing. "It's kind of like a wild pitch from a pretty good player," former Mayor Art Agnos said of Kim in the San Francisco Chronicl e. "It flies in the face of progress we have made on affordable housing in the southeast waterfront." Rick Cole Named Santa Monica City Manager Rick Cole, Los Angeles Mayor Eric Garcetti's deputy mayor and top aide on budget issues, is stepping down from his post to become city manager of Santa Monica. Becoming the third deputy mayor to leave the offce in recent months, Cole said that he had expected to stay with Garcetti until the end of his administration but found that the city manager position was too good to pass up, partly because of the coming arrival of the Expo light-rail line with its terminus near the Third Street Promenade. He told the Los Angeles Times that Santa Monica is "a progressive city. It's a well-run city. It has the resources to do some incredible things. And with the coming of the Expo line, it's got some once-in-a-lifetime opportunities." Cole was city manger of Ventura while CP&DR Publisher Bill Fulton was mayor. Desalination Plant Seeks to Fast-Track Coastal Commission Review California American Water is asking permission to take its Monterey Peninsula desalination project past local cities directly to the state Coastal Commission for a necessary permit, but one local city is putting the brakes on the proposal. Cal Am claims that bypassing the cities could save up to four months in time that it calls "critical" because of "severe restraints" that the state-ordered cutback in pumping from the Carmel River will have on the Peninsula's water supply and its economy. But the city of Marina's mayor, Bruce Delgado, said that he doubted that the city would surrender its oversight of the project, seeing parallels to an early test well project for Cal Am, which the city declined to approve until a full environmental impact report was produced. Poll: Support Wanes for �Split-Roll' Prop. 13 Reform A new poll shows that taxpayer support for removing commercial properties from tax limits imposed by Proposition 13 has dwindled. Proposition 13, the 1978 landmark property tax initiative, limited annual property taxes to 1% of the appraised property value and prohibited counties from increasing a property assessment more than 2% a year. Under the measure, property can be reassessed only after a change in ownership. The proposal to change Proposition 13 would require the regular reassessment of commercial properties while keeping tax protections for residences in place. In January 2012, 60 percent of California voters favored the changes. Now only 50 percent do, and the results show a partisan divide, with Democrats favoring changes and Republicans in opposition. Unions and grass-roots organizations are considering offering statewide ballot measures amending Proposition 13 along with Proposition 30 to extend a tax increase passed in 2012. Group Sues Over Diversion of Bay-Delta Waters An environmental group has sued the U.S. Bureau of Reclamation and the State Water Resources Control Board, accusing them of violating environmental laws by divvying up too much water for agriculture throughout the Sacramento and San Joaquin Rivers. The lawsuit, brought by the California Sportfishing Protection Association and others, alleges that excess diversions of waterways have brought the Delta smelt to near extinction. It also alleges that 95 percent of recent generations of Chinook salmon are dying in the waterways, as agencies of skewing water distribution heavily toward farmers over delta residents, fisherman, and wildlife. Officials have said they expect to order further water cuts by farmers and others in coming days.
- CP&DR News Briefs, August 3, 2015: New Salton Sea Plan; Sucker Fish Habitat at Issue; Developers Protest Oakland Art Fee; and More
Officials with the Imperial Irrigation District have proposed a smaller plan for restoration of the Salton Sea, reducing the cost from $9 billion to $3.15 billion. That money, gained through mitigation funds from companies that emit greenhouse gases and from a $7.5 billion water bond, would fund new, shovel-ready projects and geothermal energy development around California's largest lake, which is dying due to diversions and drought. "It's a bargain compared to $9 billion, which everyone agrees has only served to impede any real discussion about what to do," Kevin Kelley, the Imperial Irrigation District's general manager, said at a board meeting. Specifically, the plan calls for $150 million in immediate funding from the $7.5 billion water bond as a stop-gap measure while local officials develop a long-term plan. That money would pay for pilot projects designed to cover parts of the lakebed with small pools, which would suppress dust and provide habitats for fish and birds. Once a prime destination for outdoor recreation, the sea has been shrinking for 12 years because of a massive rural-to-urban water transfer deal in 2003. The decline could become a public health and environmental disaster costing as much as $70 billion if nothing is done to slow sea's degradation, according to the Pacific Institute. Cities Ask U.S. Supreme Court to Reconsider Plan to Save Santa Ana Sucker Fish Two cities and ten water agencies have asked the Supreme Court to take up a case against a plan by the U.S. Fish and Wildlife Service to save the endangered Santa Ana sucker by designating critical habitats. The request comes on the heels of a Ninth Circuit Court ruling holding that federal agencies can unilaterally add land to Habitat Conservation Plans under the Endangered Species Act (see CP&DR coverage 29 June 2015). The cities and agencies argued that the designation would unfairly restrict water uses on the Santa Ana River, limiting the agencies' ability to recharge groundwater aquifers with captured runoff from rainstorms in those areas and flood control operations that affect more than 1 million Southern California residents. The designation of more than 9,000 acres of land -- particularly in the northern reaches in the 96-mile-long Santa Ana River watershed-- as critical habitat requires federal agencies such as the U.S. Army Corps of Engineers to consult with the Fish and Wildlife Service before they carry out, fund or authorize any local action that could destroy or alter the habitat's functionality. The Santa Ana sucker, a five-inch-long bottom-feeder, was listed as a threatened species in 2000, and since then it numbers have continued to decline because of diversions, dams, erosions, pollution, and species invasion. Opponents of the expanded HCP have said that the designation does little to help the sucker's complex life cycle. Oakland Businesses Take Issue with Public Art Fee A business group in Oakland filed a lawsuit against the city contesting a development fee used to fund public art. The City Council approved the fee in November 2014 to require developers of projects costing more than $200,000 either to install public art on site or to devote one percent of a commercial project's budget to public art and one-half percent for residential projects, with the ordinance stating that public art is "important for the vitality of the artist community as well as the quality of life for all Oakland residents." The two plaintiffs, the Business Industry Association of the Bay Area and Pacific Legal Foundation, called the fee unconstitutional, saying that the requirements violate the Fifth Amendment's prohibition against "uncompensated takings" because funding art has no connection to the effects of development. "I would interpret this lawsuit as a preemptive strike against the current administration, with the goal of preventing the upcoming development fees from being too onerous," Alex Ludlum, a land associate at Polaris Pacific who works with developers to identify building sites in Oakland, told the San Francisco Business Times . Feinstein Introduces Federal Proposal for Drought Relief Sen. Dianne Feinstein unveiled legislation to combat California's water crisis, introducing a $1.3 billion proposal for water storage, desalination, and other projects that will likely come into conflict with a rival proposal in the GOP-controlled House of Representatives. While the House's plan heavily favors San Joaquin Valley growers by rolling back environmental protections and pumping more water there, the two sides could come together over common provisions like storage projects and control of invasive predator species in the Sacramento-San Joaquin River Delta. Feinstein, who is known for deal-making and has connections to agribusiness, said she consulted with 12 environmental groups in crafting the bill after facing criticism last year from environmentalists who said that she failed to include them in negotiations with growers. Feinstein said her bill would not alter the Endangered Species Act, a key objection that environmentalists had to previous legislation."It's definitely a big boost in federal support. It's almost 10 times more than what the feds have provided so far, which is not a lot," Ellen Hanak, a senior fellow at the Public Policy Institute of California and director of its Water Policy Institute, told the L.A. Times . Comment Period Closes on S.F. Arena EIR A proposed Golden State Warriors arena in San Francisco's Mission Bay is making progress as the ownership closed public comment on its draft Environmental Impact Report and gained the endorsement of a key medical center nearby. Despite the fact that the project will have significant, unmitigable impacts on traffic in areas like the Bay Bridge and as many as 11 key intersections in the South of Market, the University of California, San Francisco endorsed the project under the condition that the city negotiate a traffic "trigger" mechanism that would kick in during large dual or overlapping events. UCSF, which owns a six-story hospital complex across the street from the project, said that the Warriors' plan to beef up public transit and funnel arena-bound cars onto certain streets and hospital vehicles onto others created a workable plan, so long as the trigger mechanisms lead to a plan that will make the hospital accessible at all times. A powerful coalition of opponents of the project, known as the Mission Bay Alliance, said that the project is "fatally flawed," and that its effects on neighborhoods and traffic would "threaten patient access to lifesaving care and be a disaster for the Mission Bay neighborhood, the hospitals and city as a whole," as Bruce Spaulding of the Mission Bay Alliance told the S.F. Chronicle . Poor Air Quality Plagues California National Parks A new report by a national conservation group gives a handful of California's national parks an 'F' grade for pollution based on air quality, visibility, and climate change. The National Parks Conservation Association flunked Sequoia, Kings Canyon, Joshua Tree and Yosemite for routinely having unhealthful levels of ozone -- a lung-damaging pollutant in smog -- during the summer season, with the air quality at Sequoia and Kings Canyon rated worst in the nation as haze blocked 50 miles of scenery on average at the two parks. While levels of ozone within cities have tapered off dramatically in decades because of new regulations, parks face a different challenge as the ozone can be pushed by the wind over long distances and into high-elevation areas far from major pollution sources. The conservation group recommended strengthening federal regulation of the EPA's regional haze rule, wherein states must restore the clarity of more than 150 national parks and wilderness areas to natural levels by 2064. Many parks are off-track by several decades, including Joshua Tree, where natural visibility is not expected to be achieved until 2106. SPUR Recommends Strategy for Downtown San Jose Bay Area urban think tank SPUR released six recommendations for revitalizing downtown San Jose as a city center with people who live and work in walkable, livable neighborhoods. Citing decades of investment and trends of youths working and living in urban centers, SPUR consolidated six ideas to bring more people to downtown San Jose: welcoming all uses of space while holding out for jobs near regional transit, making sure that developers follow key urban design principles, promoting a larger area of Central San Jose with downtown as the core, making the area easier to get around without a car via public transportation, retrofitting the area to be more pedestrian-oriented through placemaking and road redesigns, and building downtown as a cultural and creative center of the South Bay. Transportation Connections Considered for Burbank's Bob Hope Airport A new study outlines potential transportation improvements to improve traffic congestion and air quality at Bob Hope Airport as it hopes to begin extensive improvements, replacing a terminal and building a high-speed rail station at the airport. The study, paid for mosty by a $5.4 million federal grant, found that the airport is ideally situated to be the "epicenter for multi-modal connectivity for the San Fernando Valley," but that it has a lack of direct connection to Metro trains, bus or light rail, and about three-fourths of airport employees and passengers drive their own vehicles to the airport. A 58-acre airport-owned property is currently being marketed for sale, hopefully making room to fund short-term improvements like increasing frequency of Metrolink trains serving the airport along with longer-term improvements like an extension of the Metro Red Line, which could likely come 20-30 years down the road. Carlsbad Plan May Be Retooled in Favor of Cars The Carlsbad Planning Commission recently approved an update eight years in the making to the city's 1994 General Plan, with a caveat. The commission forward the plan to the City Council with the recommendation that the council adjust it it to better accommodate car mobility and reduce housing estimates in its northeast quadrant. In particular, the Planning Commission took issue with the mobility section of the plan, which emphasized pedestrian- and bike-friendly streets in compliance with California's Complete Streets Act of 2008. "I'm tired of hearing about how everything is about the bikes," Commission Chairwoman Victoria Scully said at the meeting. "We need to keep these major streets a priority for the cars." Explaining that aspect of the update, city traffic engineer Doug Bilse said that the city had to stress additional roadway safety in lieu of driving efficiency in making car lanes smaller while widening bike lanes. L.A. Metro Considers New Relationship with Developers Los Angeles's Metropolitan Transportation Authority has proposed changes to its Joint Development Policy concerning the way that the agency partners with developers for development of project on the land it owns. Mostly including provisions regarding affordable housing, the proposed update increases from 31 percent to 35 percent the amount of joint development housing that would be affordable. It also would discount the price of Metro-owned land for a developer willing to build affordable housing up to a maximum of 30 percent equal to the percentage of affordable housing developed. Additionally, it would place emphasis on projects that would provide first/last mile facilities like walkways and bike parking. Hermosa Beach Announces Plans to Go Carbon-Neutral The Los Angeles County beach city of Hermosa Beach released plans for reducing greenhouse gas emissions to become carbon neutral by 2020. Specifically, the city has implemented a new app by consultant Brendle Group that can calculate the carbon output of every bit of energy the city consumes. It then plans to identify some of the cheapest, quickest routes to reducing carbon output -- including replacing all streetlights and lighting in city facilities -- to get started. The City Council also allocated $50,000 to invest in electric vehicles for parking-enforcement officers and staffers who carpool to office, a chunk of around $420,000 in carbon offsets the city would need to buy in order to become carbon neutral by 2020. "The South Bay is becoming a model for working together to create and implement programs to address greenhouse gas emissions and resource conservation," South Bay Cities Council of Governments Executive Director Jackie Bacharach told the Daily Breeze . L.A. Officials Want to Reopen Historic Funicular Calls are growing for the Los Angeles County Metropolitan Transportation Authority Board to reopen the Angels Flight funicular, a 298-foot transportation system akin to an uphill streetcar ride between Bunker Hill and Downtown that has been shut down since 2013 because of safety issues. Seeing the system as a vital historical landmark as well as a valid form of transportation, downtown business and cultural leaders urged Metro to help fund the reopening, saying that the 50-cent fares provide an important connection between the Historic Core and Bunker Hill. Advocates say that the Metro could easily make room in its budget for the funicular's $360,000 annual operating costs. The transportation system has been variedly shut down and reopened over the past several decades. In one accident in 2001, one of the rail cars careened down from the hill and killed and 83-year-old tourist. A National Transportation Safety Board investigation following a 2013 derailment found that the operators had been using a small tree branch to override the train's emergency stop settings.
- CP&DR News Briefs, December 30, 2014: 9th Circuit Sides with Federal Regulators; New Laws; Plastic Bag Ban Challenge May Qualify
Defending a federal agency's discretionary authority, the Ninth Circuit Court of Appeals on December 22 upheld a 2009 restriction on water pumping meant to protect chinook salmon and other fish in the Sacramento-San Joaquin Delta. The ruling was a victory for the National Marine Fisheries Service (NMFS) and other federal agencies, and for environmental groups backing the federal position. It was a defeat for Southern California water agencies that had challenged the restriction, including the San Luis & Delta-Mendota Water Authority, Westlands Water District, Metropolitan Water District of Southern California, Kern County Water Agency and State Water Contractors, backed by the California Department of Water Resources as intervenor. Judge Richard Tallman issued a ruminative, painstakingly illustrated and contextualized opinion . It quoted John Steinbeck's East of Eden on the heartbreaking effects of dry conditions in California farm country, yet concluded: "People need water, but so do fish." Tallman was joined by the other members of the three-judge panel: Judge Johnnie Rawlinson and temporarily sitting district judge Thomas Rice. As the opinion's first footnote explains, the ruling was separate from, but "informed" by, the Delta Smelt opinion issued earlier this year by Judge Jay Bybee in San Luis & Delta Mendota Water Auth. v. Jewell , 747 F.3d 581 (9th Cir. 2014). That ruling also emphasized deference to agency discretion in reaching scientific conclusions. (See http://www.cp-dr.com/articles/node-3448.) The two opinions had one panel member, Judge Rawlinson, in common. The L.A. Times ' Bettina Boxall has more details , including suggestions that the recent opinion was an unsurprising sequel to the Delta Smelt opinion and that, although some of the water agencies have sought review of the smelt opinion by the U.S. Supreme Court, the high court is unlikely to take up the matter. The case is San Luis & Delta-Mendota Water Authority v. Locke . Bills Effective January 1, 2015: a Rundown of Rundowns It's surprisingly tough to find a public list of all new laws taking effect January 1, 2015, or of all those affecting land use. Local papers will offer grab bags of important new provisions on drivers' licenses, drug sentencing, sick leave, and prevention of cruelty to interns. But about land use? Here are some sources: The League of California Cities' 2014 Legislative Report provides a 208-page description of new statutes relevant to city officials, placed in the League's context, as of November 2014. All bill texts and histories can be found on the Legislature's official site , and laws likely to take effect January 1, 2015 can be found by searching for bills from the 2013-14 session bearing the 2014 statute year . Unless another date is specified in its text, a new law is likely, but not certain , to take effect on the January 1 following its enactment. The Littler employer-side law firm reports Governor Jerry Brown received 1,073 bills from the Legislature and signed 931 in 2014. For new laws specific to land use, many that were in the last crop to win approval are in CP&DR's own summary of the Governor's late-September signing decisions affecting California land use, and in Governor Brown's September signing and veto announcements . Another important land use law collection, excerpted as part of the CP&DR summary, is the "Greatest Hits" list prepared by the Senate Committee on Governance and Finance. It shows the whole year's complement of major bills handled by that committee. Among other legislative tallies, the Housing California list shows fates of bills affecting homelessness, housing funding, and landlord-tenant relations. (Per apparent error, that site shows AB 1537 , on default housing densities in Marin County, as having been vetoed. In fact that bill was signed into law.) Some bills from 2014 are already in effect -- notably the June budget bills, which enacted policy legislation as well as spending decisions. For example, SB 861 imposed new safety and cleanup rules on the petroleum industry and gave the Coastal Commission's staff new enforcement authority to impose fines administratively. SB 862 extensively redistributed the state's cap-and-trade revenues and created the new Affordable Housing and Sustainable Communities cap-and-trade program. (The Governor's signing announcement on the June budget bills lists the rest of the bill numbers.) Phase-in provisions apply in some cases, e.g. the SB 270 statewide ban on single-use plastic carryout bags has phase-in dates running from January 1, 2015 to as late as 2020. Plastic Bag Promoters File Signatures to Challenge Statewide Ban Opponents of recently enacted SB 270 said they had submitted more than enough signatures December 29 to qualify a statewide ballot challenge against California's new ban on single-use plastic bags. The petition's sponsors, the American Progressive Bag Alliance, had to collect at least 504,760 California voters' signatures to qualify the measure. The Sacramento Bee reported the group claimed more than 800,000 signatures. County elections officials have eight days from submission of the signatures to verify them. The League of California Cities wrote that if the measure qualified it would prevent implementation of SB 270 until a statewide election in 2016. The Sacramento Business Journal reported earlier that the chief funder of the campaign was bag manufacturer Hilex Poly. SB 270 passed the Legislature in August after fierce multimedia and legislative lobbying and a last-minute reversal by the United Food and Commercial Workers (see http://www.cp-dr.com/articles/node-3564 ). Many localities have created their own plastic bag restrictions, in part because SB 270 has a grandfather clause for existing local laws on the subject. Governor Jerry Brown delayed signing the bill until September 30 but signed it with a high-visibility statement announcing the first statewide ban of its kind. Kruger Confirmed to State Supreme Court Leondra Kruger , a respected litigator for the U.S. Justice Department who has argued a dozen cases before the U.S. Supreme Court, was confirmed to serve on the California State Supreme Court by the state Commission on Judicial Appointments. The Sacramento Bee described the commission's review as a "brief, friendly hearing" though it did include a query from Chief Justice Tani Cantil-Sakauye regarding her limited practice experience in California. A Month for Large Projects The news this month was thick with major construction plans, largely residential, in and around California urban areas. A few of the stories: Oakland's Brooklyn Basin project , with 3100 units, is about to start construction. (Via CACities) CSU-Sacramento is working with developer Westpark Communities to revive plans for a satellite campus at Placer Ranch north of Roseville. SPUR and Socketsite were celebrating the findings of a San Francisco municipal report saying more than 50,000 units of new housing, in 958 different projects, were in the "pipeline" for future construction in the city. L.A. Curbed reported on a plan "to turn Baldwin Hills Crenshaw Plaza into a 24-hour community" including 961 residential units and a hotel. In the city of Alhambra, a former Mervyn's department store is headed for replacement by a mixed-use complex with extensive retail and 260 luxury housing units . The ARTIC transportation hub in Anaheim -- not residential, but legitimately huge -- opened in early December . Meanwhile, some current uses are being pushed to peripheries. The Sacramento Bee followed some of the low-income, troubled tenants being evicted from the downtown Hotel Marshall through their efforts to find and keep new housing. The paper reported the building was to be replaced by a market-rate hotel.
- CP&DR News Briefs, June 22, 2015: NEPA Suit Filed over Fracking; Chargers Slipping Away from S.D.; Santa Ana �Welness District,' and More
Two environmental groups have sued the U.S. Bureau of Land Management and the Secretary of the Interior for opening up 400,000 acres of public land in Southern California for fracking, which they claim violates the National Environmental Policy Act. The groups, The Center for Biological Diversity and Los Padres Forestwatch, claim that the federal government's environmental report erroneously analyzed impacts to air quality by assuming that only 40 new wells will be drilled each year, though the plan estimates that 4,000 wells will be drilled in the plan's lifetime. The suit alleges that fracking, which involves high-pressure injection of water and chemicals into shale rock to fracture the formations and extract oil and gas, pollutes groundwater and can cause earthquakes. California's oil producers are increasingly turning to fracturing to extract oil, with Kern County containing 2,361 fracked wells in 2014 and Ventura County containing 456 of them, according to the lawsuit. San Diego Loses Ground in Effort to Keep Chargers Possibly undermining months of work to create a viable proposal for a new pro football stadium in San Diego, the San Diego Chargers issued a statement that a Dec. 15 public vote on a new stadium would be impossible because the city won't be able to craft a legally defensible Environmental Impact Report within that time. "The various options that we have explored with the city's experts all lead to the same result: Significant time-consuming litigation founded on multiple legal challenges, followed by a high risk of eventual defeat in the courts," Chargers' special counsel Mark Fabiani said in a statement. The timing of the vote is important because the NFL could move a team to Los Angeles by 2016, and city officials have emphasized that they could indeed meet the Dec. 15 deadline, but that the Chargers have been unwilling to play ball. "It appears the Chargers have pulled the plug on San Diego even though the city and county have gone out of their way to try and accommodate the team," Mayor Kevin Faulconer's Task Force spokesman Tony Manolatos told the Union-Tribune . "Instead of working collaboratively on a solution, the Chargers have thrown up one road block after another in San Diego while working aggressively on stadium plans in Carson." Santa Ana Considers Downtown �Wellness District' The Santa Ana City Council took a step to establishing a "wellness district" for the preservation of Latino commerce in the city's downtown, voting to begin drafting a resolution and figuring out how much it will cost to implement. Supporters cite a study last year by The California Endowment that said the city could bring in an additional $137 million in spending to the downtown by bringing back Latino customers who, despite living so close to the downtown, have been lost to big-box retailers. Among the proposals aimed at promoting community wellness and supporting local vendors, the council vote directs city staff to draft an implementation plan for branding Fourth Street as "Calle Cuatro," supporting the creation of microfarms and a mercadito, and creating a community advisory committee on economic development. L.A. Considers Legalization of Street Vending; Curbs on Homeless Encampments The Los Angeles City Council passed a preliminary measure that would make it easier for law enforcement to break down the city's homeless encampments by reducing the amount of warning time that homeless people are given before authorities seize their belongings from public sidewalks and parks. The measure would reduce the warning time to 24 hours from 72 hours, and it would also allow authorities to seize bulky items like couches, tables and larger tents -- anything that won't fit in the city's 60-gallon trash bins -- without notice. Through the ordinance, the city would store the belongings for 90 days in a skid row warehouse, complying with a court injunction from 2012 barring the city from seizing and immediately destroying homeless people's unattended property. "We spend $100 million on homelessness, and 85% of our response is law enforcement," Councilman Gil Cedillo, who cast the sole dissenting vote, told the L.A. Times . "That tells us our strategy is not working." The Los Angeles City Council is also weighing whether or not to legalize street vending , possibly becoming the biggest city next to New York to have a legal street vending program. Southern California Public Radio took a look at cities in the LA metropolitan area where it is already legal for policy comparisons. SPCR finds that some vendors hop over to Pasadena, pay about $400 a year in city fees, and obtain a city permit to stay in the lucrative market. Additionally, Santa Ana allows up to 200 pushcart vendors to legally operate, but they must remain mobile. L.A. Mayor Garcetti Co-Launches National 'Climate Action Agenda' Los Angeles Mayor Eric Garcetti announced that the Mayors National Climate Action Agenda, an organization he co-founded with Mayor Michael Nutter of Philadelphia and Mayor Annise Parker of Houston, has called on President Obama to fight for the strongest possible climate agreement at the upcoming 21st Conference of the Parties to the United Nations Framework Convention on Climate Change (COP21) in Paris. The nationwide coalition of mayors also announced that 27 mayors from across the country have signed on to support the President and the U.S. delegation in Paris in pushing for strong action on climate change. Other California members of the organization include the mayors of Berkeley, Oakland, San Francisco, San Jose, and Santa Monica. S.F. Giants Revise Housing Plan; Downtown S.F. Towers Face Opposition The San Francisco Giants have revised plans for a large mixed-use project next to AT&T Park to include an unprecedented amount of affordable housing, garnering the endorsement of all 11 supervisors and prompting Supervisor Jane Kim to withdraw her threat to draw up a countermeasure lowering allowed building heights and require half of all residential units to be designated affordable. Kim's opposition had drawn scorn from fellow supervisors who had worked on the deal with the Giants. The new proposal for the 28-acre project built on land controlled by the Port of San Francisco will include 40 percent of its 1,500 apartments priced to various levels of affordability, with 12 percent available for people making $32,000 to $39,000, 21 percent for people making $64,200 to $85,000 and 7 percent for people making $108,000. Community organizers are gearing up for two battles over plans for high-rises near San Francisco's waterfront, with former mayor Art Agnos rallying neighbors of the 160 Folsom and 75 Howard developments to oppose them based on the shadows the buildings would throw on nearby Rincon Park. 160 Folsom is set to be designed by architect Jeanne Gang with a twisting, staggered condo tower reaching up 400 feet, 100 feet higher than the limit and requiring an amendment to the Redevelopment Plan for the Transbay Project Area. Backed by developer Tishman Speyer, the full version would contain 399 condos, 141 of which-- roughly 35 percent -- would be below market rate, and a reduced version would stay within the 300-foot limit and include 318 units. Opponents of the tower have referred to it as a "wall on the waterfront." Meanwhile, the 75 Howard development hasn't been able to get community support for its project, even after offering additional affordable housing and offering to reduce its tower height to 220 feet. Anaheim Approves Controversial Hotel Tax Break In an attempt to attract larger conventions and high-spending tourists to the city, the Anaheim City Council passed a tax break projected to be around $133 million for developers wanting to build luxury resorts there. Under the plan, developers of hotels that meet AAA's guidelines for four-diamond ratings would get to keep 70 percent of their bed taxes for up to 20 years. Of the remainder, 10 percent of the taxes would go to city coffers, while 20 percent would pay off bonds that funded improvements to Anaheim's city resort district in 1996. Mayor Tom Tait, an opponent of the measure, said that room taxes, which account for nearly half of the general fund's revenue, would be kept by hotel developers rather than going back to Anaheim's coffers to help pay for city services. "We are giving checks to hotel developers, but we have better needs for our money," Tait said at the Council meeting, according to the O.C. Register . San Diego Gives Boost to Recreational Area The San Diego City Council helped solidify plans for a 55-mile hiking and bicycling route on a "coast to crest trail" from Del Mar to Julian by approving a new 50-year agreement to continue jointly funding the project with the county and four North County cities. San Diego officials had previously threatened to stop participating in the San Dieguito River Park Joint Powers Authority, but following a long list of policy changes primarily related to control over the park's financial decisions, the city agreed to a pact along with Escondido, Poway, Solana Beach, and Del Mar. Since the formation of the JPA in 1989, 34 of the park's planned 55 miles have already been acquired and preserved. Navy Plans $1 Billion Campus in Imperial Beach The Navy issued its record of decision to relocate its Coronado-based Navy SEAL command center from Coronado Island to a 600-acre, $1 billion campus along the Silver Strand near Imperial Beach. SEAL officials have said their current World War II-era buildings are mostly obsolete and force them too often to train away from home, on top of frequent deployments. Built over a decade at a cost of $700 million for new buildings and $300 million for infrastructure improvements, the new project has prompted concern among nearby residents and those interested in birds and plants there. Tesla Expands Presence in East Bay Tesla Motors Inc. closed a deal leasing the Page Technology Center in Fremont, absorbing the last remaining vacancy related to the implosion of solar panel-maker Solyndra in 2011 and beginning its biggest expansion in Northern California since it leased a 431,000-square-foot former Chrysler assembly plant in Lathrop last year. The deal will aid Tesla's manufacturing sector as it preps to start deliveries of its Model X crossover in 2017. Tesla's and other companies' new leases in Fremont have driven the city's industrial vacancy rate down from 5 percent at the end of the first quarter to 2.1 percent, Cushman & Wakefield analyst Sethena Leiker told the San Francisco Business Times .
- CP&DR News Briefs, April 6, 2015: MPO's Question Grant Program; L.A. Adopts Ambitious Health Element; O.C. Told to Build More Housing, and more
Following the announcement two weeks ago of the finalists for $120 million worth of grants through the Affordable Housing and Sustainable Communities grant program, two metropolitan planning organizations in southern California are calling foul. The five-county region covered by the Southern California Association of Governments, by far the largest metropolitan planning organization in the state, had only 12 of 54 finalists. By contrast, Alameda County alone had eight finalists. Darrell Johnson, CEO of the Orange County Transportation Authority, and SCAG President Carl Morehouse both wrote letters ( here and here , via CALCOG) to officials at the Strategic Growth Council decrying what they call a selection process that unfairly allocates AHSC funds. "It is unclear how the process for selection on the next step is reasonable or consistent with the legislative intent of the authorizing legislation," wrote Morehouse. He called for SGC to accept full proposals from some of the applicants that had been rejected. Meanwhile, Johnson contended that the grant guidelines inappropriately excluded a streetcar project in Santa Ana that is one of OCTA's high-priority projects. Assuming that the selection process goes forward as planned, SGC and its partner department, Housing and Community Development, may revisit guidelines and consider geographic apportionment for the 2016 grant process. New L.A. City Health Element Uses Planning to Reduce Health Disparities Los Angeles officials have adopted new planning guidelines to reduce sharp health disparities across the city. A joint effort between the Los Angeles County Department of Public Health, the city's Planning Commission and the California Endowment, the new guidelines include such goals as ensuring 75 percent of all residents are within a quarter of a mile of a park, increasing the number of Angelenos who live within a mile of a farmers market, and improving access to grocery stores. With a city analysis showing that Brentwood resident live 12 years longer than Watts residents, and more than 30 percent of children in South L.A. and Boyle Heights are obese, the guidelines seek to establish targets not traditionally part of health policy. "The built environment has an enormous impact on health," Beatriz Solis, director of the California Endowment's Healthy Communities program for the Southern Region, told the Los Angeles Times . Report Calls for Orange County to Build More Housing Orange County needs to embrace mixed-use and infill development to fill a desperate housing shortage, according to a new report from the Orange County Business Council. The county today faces a shortage of 62,000 homes; that could increase to 100,000 by 2040 according to job and housing projections. However, there also is no longer enough open land to build more single-family homes. The housing shortage stunts growth in the county as workers and potential residents are crowded out, according to economist Esmael Adibi. Orange County has already seen its age 25-to-34 population shrink 7 percent over the last 15 years, and nearly 40 percent of workers there commute more than an hour a day. "Everything else being equal, housing costs are a major, major factor to slowing down growth," Adibi told the Los Angeles Times . Monterey County Offers Downtown Vibrancy Grants Monterey County is offering its cities a matching grant of up to $10,000 to work with a consultant in revitalizing and energizing their downtown areas. Funding for the project comes from money the county expects to save from the consolidation of Salinas-area office leases into the recently purchased Schilling Place office complex in South Salinas to help local cities boost their downtown cores. Specializing in downtown retrofitting through zoning an code changes, the consultant, Miami-based Dover, Kohl & Partners, is already working in Monterey County with the city of Fort Ord in a broad urban redesign. Seeing the opportunity of having a big-name consultant in town, Supervisor Jane Parker formed the proposal. "Word is starting to get out and because of Dover Kohl being here, it kind of shined the spotlight and made it more concrete for people. My thought was, �Let's take advantage of a world-class team being in town,'" Parker told the Monterey Herald . L.A. Transportation Authority, Don Shoup Win American Planning Assoc. National Award The Los Angeles Metropolitan Transportation Authority has received the American Planning Association's National Planning Excellence Award for a Best Practice for its First Last Mile Strategic Plan & Planning Guidelines. The guidelines to improve Los Angeles's first and last mile transportation connectivity, providing a toolbox for localities to build support and resources for developing active transportation infrastructure like sidewalks, protected bike lanes, and clear signage directing users to regional transit hubs. Planners say that public support for the program has been strong because of the simplicity and clarity of the guidelines, which use infographics and imagery instead of complicated and overly technical planning jargon to convey the benefits of a multi-modal system. Meanwhile, UCLA Professor of Planning and "parking guru" Donald Shoup has been named the recipient of the National Planning Excellence Award for a Planning Pioneer; see last week's CP&DR briefs for a note about Shoup's retirement. The awards will be given out at the APA conference in Seattle in late April. S.F. Think Tank Calls for Seamless Transit A new report by urban think tank SPUR calls for the creation of an integrated transit system in the Bay Area that would make it easier for riders to navigate the labyrinthine transit systems there. The report, titled "Seamless Transit," says that the Bay Area's myriad transit authorities, divergent maps, schedules, fares, and uncoordinated capital planning and investment has made the the system less efficient and less usable. SPUR suggests helping travelers use transit by coordinating marketing and transit information by creating a common regional transit map, standardizing fares, and creating regional passes. L.A. to Spend $1.3 Billion to Fix Sidewalks In a landmark agreement, Los Angeles is pledging to spend over $1.3 billion over the next three decades to fix its massive backlog of broken sidewalks and other infrastructure issues in compliance with the Americans with Disabilities Act. In the agreement following a lawsuit filed by attorneys for the disabled, the city must spend $31 million annually on sidewalk and other improvements beginning in the next budget year, then increasing to $63 million in future years to adjust for rising costs. The city said that it plans to start by repairing sidewalks around parks, and in areas that are heavily trafficked, close to hospitals or workplaces, or that are requested by people with mobility challenges. It's unclear whether the promised money will completely eliminate the backlog, as about 40 percent of city sidewalks need repairs according to the Bureau of Street Services. The city has not identified any new funding sources for the settlement. Oakland Clears Path for Coliseum City Development By certifying the environmental impact report and voting to accept a specific rezoning plan, the Oakland City Council cleared a path for the Oakland Raiders or other developers to step forward and commit to its new Coliseum City proposal. The approval shows the council's optimal vision for the site: Three new sports venues, 5,750 homes and nearly 8 million square feet of urban retail and office space with convenient access to BART and the highway. However, Oakland's sports teams have shown tepid interest at best, with the Raiders pursuing a joint venture in Los Angeles and the Oakland A's and Golden State Warriors showing no interest. Fruition of the project is highly contingent upon the interest of at least one sports team in moving there. Officials are also not sure how the public could pay for more than $100 million in new streets, utilities and other infrastructure improvements that would be needed to build the homes, offices and shops for the multibillion project.
- CP&DR News Briefs, August 31, 2015: Feinstein Seeks to Conserve 1 Million Acres; Bay Area Gentrification Map; New Light Rail in Sacramento, and More
Sen. Diane Feinstein sent a letter to President Obama asking him to bypass Congress and designate over one million acres of land between Palm Springs and the Nevada border as national monuments under the 1906 Antiquities Act. Two bills previously sponsored by Feinstein to protect the area over the past six years have languished. In her request to President Obama, Feinstein asked that he create three monuments: one, to be called the Mojave Trails National Monument, would cover 921,000 acres of federal land along Route 66 between Ludlow and Needles; another, called the Sand to Snow National Monument, would take 135,000 acres of land between Joshua Tree National Park and the San Bernardino National Forest and protect 24 miles of the Pacific Crest Trail; the last, Castle Mountains National Monument, would include the historic mining town of Hart near the Mojave National Preserve. Feinstein was encouraged to seek presidential action by conservation groups including The Wildlands Conservancy, the Sierra Club, Defenders of Wildlife, the Center for Biological Diversity, the Mojave Desert Lands Trust and Friends of the Desert Mountains. Map Tracks Gentrification in Bay Area UC Berkeley researchers have created an interactive Urban Displacement Project map showing that the Bay Area's transformation into an exclusive high-income community that pushes out its low-income residents is only just beginning. Headed by UC Berkeley researcher Miriam Zuk and city and regional planning professor Karen Chapple and the product of nearly two years of community-engaged research looking at gentrification and displacement, the project found that in 2013, more than 53 percent of low-income households lived in neighborhoods at risk of or already experiencing displacement and gentrification pressures. Neighborhoods with rail stations, historic housing stock, an abundance of market-rate developments and rising housing prices are especially in danger of losing low-income households. It also finds that the most stable neighborhoods -- such as East Palo Alto, Marin City and San Francisco’s Chinatown -- have remained that way likely because of tenant protections, rent control, and strong community organizing. “Using our online map allows residents, neighborhood groups and governments to assess where their neighborhoods — or those next door — are in terms of the risk and actual occurrence of gentrification and displacement,” Zuk said in a statement. Light Rail Extension Opens in Sacramento Sacramento Regional Transit officially opened its 4.3-mile Blue Line light-rail extension connecting Cosumnes River College to other area campuses and offering south-county commuters an alternative to crowded Highway 99 and Interstate 5. Coming in about $10 million under the projected budget of $270 million, the extension links the rail line to Elk Grove's doorstep, and the college station includes a 2,000-spot parking garage shared by students and commuters. However, skeptical Elk Grove e-tran bus commuters say they have no intention of switching from buses to rail, saying that the trains will be inconvenient -- possibly taking longer than a typical drive to commute downtown -- and unsafe. However, Regional Transit’s security chief Norm Leong said that crime numbers are down on light-rail trains and at stations, totaling 39 thefts and robberies so far this year. High Speed Rail Targets More Properties for Eminent Domain The State Public Works Board has filed eminent domain resolutions for 12 more pieces of property along the high speed rail pathway in the San Joaquin Valley, bringing the total number filed to 270 since December 2013. Encompassing nearly 800 acres in the four county region of Fresno, Madera, Kings and Tulare counties, the board has been using eminent domain to condemn land when it and property owners cannot agree on price or terms. The resolution, encompassing 53 acres of land, will now go before a judge to decide whether the agency is entitled to the property, and then to a jury to decide the fair market value and other "just compensation" due to the owner. Residents Sue SF Over Flood Damage San Francisco residents affected by a December flood in the Mission District, Excelsior, and South of Market neighborhoods have filed a lawsuit against the city, saying that a lack of maintenance on storm drains and sewage systems led to property damage in those neighborhoods. Residents say that the city knew that repairs were necessary after paying out $5 million for a similar lawsuit stemming from 2003 and 2004 winter storms, but neglected to make needed repairs. The lawsuit alleges that the storms, which dropped 5 inches of rain in San Francisco, brought runoff that mixed with raw sewage and flowed into homes and businesses. It then alleges that Mayor Ed Lee told residents that the city was going to pay for damages, but the city then denied all claims filed. “My only conclusion as to why the city has failed to make good on its promises is because this problem does not exist in one of the more affluent neighborhoods of San Francisco,” the plaintiffs’ attorney, Mark Epstein, said in a statement. “My clients are your typical hardworking and honest property owners and renters and do not reside in the city’s Marina or Pacific Heights neighborhoods. Apparently, it is easy to ignore the working class.” Transit Center Opens in San Bernardino The new San Bernardino Transit Center designed to connect all major mass transit systems and connect people to downtown San Bernardino has officially opened this month. The $25 million project, located on Rialto Ave. in downtown San Bernardino, came about through a partnership between Omnitrans, the San Bernardino Association of Governments, and the City of San Bernardino with funding from the Federal Transportation Administration and the state of California. The 7,500-square-foot building will connect more than a dozen transit lines, including ten local bus routes, the Green Line, express Omnitrans bus routes, the Victor Valley Transit Authority, Mountain Transit, and the Metrolink San Bernardino Line once it is completed. SF Establishes ‘Green Benefit District' The San Francisco Board of Supervisors unanimously approved a resolution to establish a Green Benefit District -- designed to allow residents to directly invest in the maintenance and improvements of neighborhood parks, playgrounds, plazas, sidewalks and other public space amenities in their neighborhoods -- in Dogpatch & Northwest Potrero Hill. With over 76 percent of voters saying yes to the proposal to create the Dogpatch & Northwest Potrero Hill Green Benefit District, the new district will last for 10 years with a budget of almost $515,000, at a cost of $0.095 per square foot of building area for residential developments and $0.0475 for industrial developments. Olympic Valley Incorporation Falters A grassroots group attempting to incorporate Olympic Valley, adjacent to Squaw Valley ski area, as a town asked for a state review of a Comprehensive Fiscal Analysis prepared by Rosenow Spevacek Group Inc. that concluded that the proposed town "does not appear to be feasible at this time." In a 6-1 vote, the Placer Local Agency Formation Commission approved Incorporate Olympic Valley's request for review, putting a temporary halt to the town formation process and sending the request to the California State Controller's office for review. Specifically, IOV believes that errors were made in the CFA's estimates of the cost of law enforcement for the valley, expenditures based on comparable contract cities, and calculating the general fund reserve as a percentage of the total general fund revenue rather than the town's operating expenses. California Transit Agencies Pick Fight with U.S. Dept. of Labor Several California transit agencies say that the U.S. Department of Labor is holding $1 billion hostage, contingent on the agencies violating a state public employee pension reform law which a federal judge upheld last year. The department is still enforcing a federal prohibition against interfering with collective bargaining rights, which it claims California's Public Employees' Pension Reform Act violated by changing pension rights without negotiating with workers. The department could withhold $91 million for BART, $206 million for the Santa Clara Valley Transportation Authority, $700 million for the Los Angeles County Metropolitan Transportation Authority, and millions more for agencies across the state. It said it will release the grants if an agency agrees to restore transit union rights and benefits in effect before the California pension reform took effect. In response, transit chiefs including among others Grace Crunican, BART's general manager, and Perry Woodward, chairman of the Santa Clara Valley Transportation Authority signed a letter to Secretary of Labor Thomas Perez, stating that "the (Labor Department) is requiring grantees to agree to violate California law in order ... to receive funding." Study Details Peripheral Benefits of SF Transit In an effort to demonstrate the importance of San Francisco public transportation, a new study from San Francisco's Metropolitan Transportation Agency finds that for every one dollar San Francisco invests in Muni, $2-3 are generated in the local economy. The study, done by SFMTA in partnership with Oakland-based transportation consultant Economic & Planning systems, also found that the economic benefits of Muni exceeded its costs by $634 million to $1.25 billion annually. “This study demonstrates the significant economic benefit we receive when we invest in our transportation system,” Supervisor Scott Wiener told the Examiner . “This is exactly why the transportation fees on new developments we have proposed as part of the Transportation Sustainability Program are so essential.” In order to come up with its numbers, the study's authors had to imagine a scenario wherein Muni did not exist. In that scenario, San Francisco car ownership would increase by 50 percent, and San Franciscans would add 9.3 million to 11.5 million hours to their commutes, along with taking up 27 million to 30 million more parking spaces. L.A. Seeks ‘Zero’ Traffic Deaths In an effort to kick-start his "Vision Zero" plan to eliminate traffic-related deaths by 2025, Los Angeles Mayor Eric Garcetti signed an executive directive ordering multiple city departments to report back by Dec. 1, 2015 with specific recommendations for measures that would immediately reduce traffic-related deaths in L.A. by 20 percent by 2017. The directive also calls for the formation of a Vision Zero Task Force as well as an Executive Steering Committee, led by city agencies in coordination with the Los Angeles Department of Public Health. “We have to think big and work hard when it comes to keeping people safe,” said Mayor Garcetti in a press release. “It is tragic that 200 people are killed each year while moving about our city. With more people walking and biking than ever before, we must use every available tool to save lives. I am determined to bring that number down to zero.” Report Details Impacts of Drought on Agriculture A new report titled "Impacts of California's Ongoing Drought: Agriculture," the first comprehensive analysis of the drought on California agricultural revenue and employment through 2014, finds that California's agriculture sector has far exceeded expectations throughout the drought because of massive groundwater pumping that has been devastating to other sectors. Though farmers harvested 640,000 fewer acres last year than before that drought, crop revenue peaked at $34 billion -- the highest in California history -- in 2013. Statewide agriculture-related jobs also reached a record-high of 417,000 people in 2014, and farms have adopted more efficient water management practices, like drip irrigation and switching from lower- to higher-value crops. However, with groundwater pumping serving as a vital force for agriculture, other sectors have suffered, with current and future generations now forced to dig deeper wells, and cities forced to repair infrastructure damaged by subsidence. Pasadena Updates General Plan An update to the City of Pasadena's general plan focuses housing and commercial space in the city's urban core, emphasizing growth and walkability there while attempting to keep increases in density away from the city’s iconic tree-lined neighborhoods. Estimating a modest population increase of about 20,000 people by 2035, the plan focuses 60 percent of new housing and 40 percent of non-residential space in the central district. Part of the plan calls for more infrastructure to encourage walking, biking, and public transportation especially in downtown and on South Fair Oaks, where Marsha Rood, Pasadena's former development administrator said she expects to build "up" rather than outward. Los Angeles Debates Short-Term Rentals Los Angeles officials are trying to hash out the difference between "good" and "bad" short-term rentals as affordable housing advocates, rental operators, and neighborhood activists hotly debate rules over online rental sites like Airbnb. Much of the problems stem from commercial companies turning rent-controlled units into de facto hotels, with nonstop rentals for revolving doors of tourists. Housing advocates bemoan that this practice has taken nearly 11,000 units from the housing market, according to the Los Angeles Alliance for a New Economy, while neighborhood groups complain of noisy parties from tourists. But as they debate the "bad" units, common ground amongst the various groups lies in what Councilman Mike Bonin dubbed "good short-term rentals," wherein a homeowner may rent out a spare room or back house from time to time. Bonin's new proposed rules, backed by Council President Herb Wesson and Councilman Paul Koretz, would bar rentals at rent-controlled units and require them to collect the same kind of city taxes as hotels, which is already legally required but inconsistently done.
- CP&DR News Briefs, July 27, 2015: L.A. Developments Near Faults to Face Scrutiny; Grand Jury Examines Irvine Great Park; Calif. Streets in Poor Shape; and more
Developers in Los Angeles will face more extensive scrutiny if they decide to build near earthquake faults under new rules in Los Angeles. The Westside, the South Bay, and northeast Los Angeles will be the three main areas covered by new scrutiny under a program advanced by Mayor Eric Garcetti. While state law generally says that constructions within about 500 feet of faults zoned by the state require extensive studies, decades of budget cuts have delayed the state's mapping of crucial fault zones in Los Angeles. A Los Angeles Times 2013 investigation found that Los Angeles officials approved more than a dozen construction projects on or near well-known faults without requiring seismic studies because the state had not mapped out the area. Grand Jury Report Faults Management of Irvine Great Park Following a decade of accused mismanagement, a lack of transparency, and an unnecessarily high price tag, the Irvine Great Park plan to create a 1,347 acre park at a former air base needs a strategy for the next 10 years of development, according to a new report released by an Orange County grand jury. As of now, 205 acres of the park have been developed at a cost of $251 million, a price the grand jury said would have been smaller had the city not overreached by crafting a plan to develop the park all at once instead of in phases. The grand jury suggested the dissolution of the Great Park Corporation, because its Board of Directors also acts as the council, and it recommended adopting an ordinance to limit City Council members' influence of city operations. California Cities Fare Poorly in Street Quality; League of Cities Calls for Transportation Funding Seven California cities round out the top 25 cities over population 500,000 with the poorest streets in a new report (pdf) from national transportation research group TRIP. Of those cities, three scored the top three rankings for worst streets: San Francisco-Oakland, with 74 percent of its streets classified as poor; Los Angeles-Long Beach-Santa Ana, with 73 percent; and Concord, with 62 percent. Additionally, the rankings find that those three cities and many of the others listed in the top 25 -- including San Jose, San Diego, Riverside-San Bernardino, and Sacramento -- also have motorists spending the most money annually in vehicle maintenance because of poor roads. Meanwhile, the League of California Cities recently adopted a resolution urging Governor Jerry Brown and the state legislature to provide new sustainable funding for state and local transportation infrastructure. The move followed Governor Brown calling an Extraordinary Session on Transportation and Infrastructure, and the League is also requesting that the state provide a list of projects that could be funded by a new funding package. L.A. Housing Discrimination Suit Dismissed A federal judge dismissed a lawsuit by the City of Los Angeles against Wells Fargo & Co. accusing it of targeting minority borrowers with predatory lending practices. U.S. District Judge Otis Wright II said that Federal Housing Act loans issued during the time period did not violate the law, and that they were intended to overcome precisely the barriers to ownership often experienced by minorities. City Attorney Michael Feuer filed the suit -- among three other suits accusing big banks of the predatory practice -- saying that the practice violated the Fair Housing Act and helped result in 200,000 foreclosures in Los Angeles from 2008 to 2012, causing city property tax revenue to fall by $481 million. "The city is not a champion of minority rights as it declared in the complaint," Wright said. "While this case began with allegations that Wells Fargo trampled the rights of minorities, it ends with the city's failed attempt to engage in the exact same conduct." Coastal Commission Challenges Long Beach over Fracking The Coastal Commission is attempting to force Long Beach officials and their corporate sponsors to obtain a special permit before beginning to use fracking on 13 local oil wells, though local officials dispute whether the commission actually has permitting authority for the process. Alison Dettmer, the Coastal Commission's deputy director in charge of energy and ocean resources oversight, said her agency has taken the position that any fracking within the state's coastal zone also requires a coastal development permit, but the state's Division of Oil, Gas & Geothermal resources has already issued permits for fracking at the Long Beach islands. Meanwhile, officials and managers of the company in charge of oil extraction operations are still deciding whether fracking the oil well would make financial sense. Jacbos Stepping down from Housing Finance Agency The chairman of the Housing Finance Agency -- the state agency in charge of financing affordable housing -- announced that he will not seek reappointment as his development company plans to eliminate a rent-controlled eight unit complex to make way for million dollar homes. Matthew Jacobs, the chairman and the owner Beverly Hills-based firm Bulldog Partners LLC, said that he will not seek reappointment when his term expires on Sept. 26. "Evictors like Jacobs have no place making affordable housing policy in this state," housing advocacy group Tenants Together said in a statement. S.F. Explores Options for Replacing City Jail San Francisco's Board of Supervisors decided in a sharply divided vote to submit a request for $80 million in state funding for a new jail to replace a current, seismically-unfit one, despite a declining jail population. Council President London Breed cast the deciding vote, with the caveat that the jail needs to be smaller and cost less than the $240 million, 384-bed jail currently proposed. The project is part of a larger effort to move workers out of the Hall of Justice at 850 Bryant St because of its placement on a fault line. Opponents of the measure noted that the population of the city's six jails has declined dramatically in the past decade, from a high of 2,300 in the mid-1990s to 1,285 this year � a historic 33-year-low. L.A. County Loses Housing Discrimination Suit in Antelope Valley The Los Angeles County Housing Authority will pay $2 million to victims of housing discrimination in Antelope Valley after a U.S. Justice Department investigation concluded that housing officials and sheriff's deputies joined with two cities to drive black residents out of the area from 2004 to 2011. In the settlement, five families who lost their housing will have the chance to have their vouchers reinstated, while others will be able to receive compensation up to $25,000 or have their voucher termination wiped from public housing records. The federal complaint alleged that the county Housing Authority and Sheriff's Department subjected black Section 8 voucher holders to "more intrusive and intimidating compliance checks" than their white counterparts and also were more likely to terminate black residents' vouchers. Federal officials alleged that the cities, which provided money to the county for extra enforcement, encouraged the discriminatory practices. Santa Barbara to Revive Desalination Plant The Santa Barbara City Council has decided to reactivate its desalination plant, approving $55 million for the plant in the hopes that it could provide nearly a third of the city's drinking water. Last September, Lake Cachuma, the city's main reservoir, dipped below 30 percent capacity, prompting the city to begin reactivation of the plant as a last resort with hopes that it will be operational by fall 2016. "We recognize it's a big decision to make," Mayor Helene Schneider told the L.A. Times. "We also recognize that desalination is not just for this particular drought -- they are cyclical." S.F. Mayor Proposes Fee on New Development to Fund Transit San Francisco Mayor Ed Lee proposed a new fee applicable to market rate condominium and apartment projects to raise $14 million a year for transit improvements. Known as a transportation sustainability fee, the new proposal would add market rate apartment and condo developers to the city's Transit Impact Development Fee, which currently applies to commercial developments and production, design, and repair facilities. The addition would hopefully raise the revenue of the fee from $720 million to $1.2 billion over 30 years. Affordable housing developers and builders of complexes with fewer than 20 units, along with medical centers and nonprofits, will be exempt from the fee, which will total $7.74 per square foot of residential developments. The money would be spent on expanding the Muni fleet with new buses and railcars, improving reliability on the busiest routes, retrofitting existing trains, investing in the electrification of Caltrain, and making streets safer for bicyclists and pedestrians. The proposal has not received any outright opposition from development circles or housing advocates. "We don't suffer from a low cost of producing housing, and $7.74 (a square foot) is not a negligible fee." Tim Colen, executive director of the Housing Action Coalition representing developers, told the San Francisco Gate. "But in the end, high-density urban infill doesn't work without excellent transit, and we want to do the right thing." Yuba County Tribes Reach Detente Over Casino Plans After years of litigation challenging the federal government's decision to place 40 acres in Yuba County into the trust of the Enterprise tribe to build a Class III casino , opponents of the project have said that they would not try to block construction of a scaled-down version without permanent utilities or games like blackjack and slot machines. The scaled-down version would only span 10,000 square feet and would be a Class II casino, mostly favoring bingo, and that it would have to truck water in and out from the facility. The scaled-back plan prompted questions as to whether the tribe would be held responsible for any of $83 million the tribe would owe the county for mitigation of the construction of the larger Class III casino under a 2002 memorandum of understanding. The Enterprise tribe still plans to build the larger, 318,000 square-foot casino with slot machines and other casino games, but plaintiffs are seeking an order to require Enterprise to give 60 days' notice if it intends to construct anything beyond the Class II casino.
- CP&DR News Briefs, May 18, 2015: L.A. Mobility Plan; Delta Smelt Face Extinction; Solar Power Plan Postponed
The Los Angeles Planning Commission advised the City Council to adopt the city's proposed Mobility Plan 2035 (pdf) , update the land use element of 35 community plans, and adopt an ordinance to implement new street standards and complete street principles. Updating the 1999 Transportation Element of the city's General Plan and the 2010 Bicycle Plan, the Mobility Plan 2035 has the goal of creating a balanced transportation system in the city of Los Angeles by prioritizing pedestrian, bicycle, and transit-oriented roads, and contains a five-year implementation strategy for the plan. The plan would promote complete streets, per AB 1358, and include a range of design guidelines to accommodate multiple modes of transportation. Delta Smelt on Verge of Extinction The delta smelt, a small, three-inch fish found only in the Sacramento-San Joaquin Delta-and the symbol of decades-long debates over water management in the delta--is likely headed toward extinction if water-use trends in California continue. In previous years, researchers have caught hundreds or thousands of the fish in surveys of the Sacramento-San Joaquin Basin. "Numbers are down this year. So the March survey we caught six. The April survey we caught one," Lauren Damon, an environmental scientist with the California Department of Fish and Wildlife, told Capital Public Radio. The drought has exhausted habitats for many species in the delta, including the winter-run Chinook salmon, which saw 95 percent of its brood die last year. "If we let the smelt go, we're essentially saying we don't really need a functioning estuary, and California is going to be losing something very special if that fish disappears," Peter Moyle told Capital Public Radio. Supervisors Halt Solar Plant near Joshua Tree A solar project in San Bernardino County has been stalled so officials can take a closer look at its problems, after the San Bernardino County Board of Supervisors voted against it in a 3-2 vote. Approved by the San Bernardino County Planning Commission in December, the Bowman Solar Project would be a three-megawatt photovoltaic solar plant built in the community of Landers north of Joshua Tree National Park, with power generated by the project to be bought by Southern California Edison. Opponents of the project contended that it violated a temporary county solar ordinance adopted in 2013 requiring that projects be restricted to less-populated areas with substantially disturbed landscapes, such as old landfills. The ordinance was intended as a stopgap until the county completes an overall renewable energy amendment to its general plan slated for later this year. Gov. Brown Accelerates S.F. Arena Development Governor Jerry Brown fast-tracked environmental approval of the proposed Golden State Warriors arena on Mission Bay in San Francisco, giving courts just 290 days to rule on any lawsuit contesting the arena's environmental impact report. The arena will be just one of five projects granted fast-track review under AB900, a 2011 state law that streamlines environmental review of key projects. A spokesman for the Mission Bay Alliance group fighting the arena, remained undaunted by the governor's action. "It's less expensive for the alliance, and we will have a decision sooner," spokesman Sam Singer told the San Francisco Chronicle . Court Blocks S.F. Streetcar Extension A state appeals court blocked construction of a new streetcar loop in San Francisco, ruling that opponents raised "substantial questions" about the the project's conformance with the California Environmental Quality Act. The new Muni extension would run on the T-Third Street line in the Dogpatch neighborhood to connect to the planned Central Subway as a part of a light-rail project authorized in September with a $10 million federal grant. Officials expected to complete the work in October, but with the injunction the court will further review a lawsuit brought on by a group of residents who claim that the 15-year-old EIR is now obsolete because of an influx of development in the area. San Jose Debates Rent Control in Downtown Renters and property owners clashed at a San Jose City Council committee meeting over proposals to implement rent control in San Jose's booming apartment market. Two recent proposals from Mayor Sam Liccardo and a few council members, slated to go before City Manager Norberto Duenas, attempt to expand rent control and strengthen tenant protections to avoid tenants getting priced out of their apartments as prices rise. One proposal, from Councilman Raul Peralez, would expand rent control to include 10,000 more units and reduce allowable rent increases from 8 percent to 4 percent annually. However, at the meeting of the council's Rules and Open Government Committee, property owners said that rent control makes it difficult to invest in properties and has not worked in other cities. S.F. Considers Demolition of I-280 in Mission Bay San Francisco Mayor Ed Lee is looking for ways to achieve a multi-billion dollar plan to tear down Interstate 280 at Mission Bay and build a new underground rail tunnel with a station between the proposed Warriors arena and AT&T Park. Lee hopes that the plan would bring Caltrain and high-speed rail into downtown and the new Transbay Terminal while opening up a new area of the city to development. Caltrain has expressed skepticism, however, saying that Lee's vision would derail already-planned efforts to place the new transit center at First and Mission Streets, as the new plan to create the center closer to the waterfront along Third Street would cost time and would require tunneling through landfill for an extra 2 to 3 miles. Senator Proposes Expansion of Boards of Supervisors to Seven Members Citing booming populations that underrepresent minority communities, State Senator Tony Mendoza (D-Artesia) has proposed an amendment to the state's constitution to expand boards of supervisors of all counties with a population of 2 million or more -- including San Diego, Los Angeles, Orange, Riverside, and San Bernardino, among others -- from five to seven members beginning in 2021. Mendoza, who proposed the amendment, said that an expansion of the Board of Supervisors of Los Angeles would help add a second Latino seat in the nearly 50 percent Latino county. However, board incumbent Don Knabe, whose district overlaps with Mendoza's, has insinuated that the proposal is an attempt for Mendoza to take that seat when he's termed out of state office. Newark Approves Massive Wetlands-Adjacent Development The Newark City Council unanimously approved a controversial 856-acre development of 1,260 housing units, public park space, and an elementary school site by developer Newark Partners LLC, despite pleas from environmentalists that the project would damage nearby federally-protected wetlands. The project, located on sites known as "Areas 3 and 4," dates back 20 years and has been the subject of numerous rounds of litigation for allegedly failing to comply with CEQA, as environmentalists have raised concerns including liquefaction, lateral spread, sea level rise, and the need for additional flood control measures, according to Citizens Committee to Complete the Refuge Vice Chair Carin High. The developer will provide $3 million in affordable housing fees and $6 million in other impact fees, along with $14 million and 66 acres of land for a potential golf course. Garden Grove Seeks More Urban Town Center The Garden Grove Planning Commission unanimously approved a new downtown zoning amendment to add mixed-use and adaptive reuse zones in the city's downtown. Planners hope to promote a bike- and pedestian-friendly downtown inspired by strategies in Orange, Tustin, Anaheim, and Santa Ana, all of which are attempting to create more urban environments in historically suburban Orange County.
- CP&DR News Briefs, May 4, 2015: Brown Sets 2030 Greenhouse Gas Targets; OPR Releases Draft VMT Guidelines; Caltrans Management Plan, and More
Gov. Jerry Brown issued an executive order to establish a California greenhouse gas reduction target of 40 percent below 1990 levels by 2030 - the most aggressive benchmark enacted by any government in North America to reduce dangerous carbon emissions over the next decade and a half. It also orders the state to prepare for adaptation to climate change. California is on track to meet or exceed the current target of reducing greenhouse gas emissions to 1990 levels by 2020, as established in the California Global Warming Solutions Act of 2006 (AB 32). California's new emission reduction target of 40 percent below 1990 levels by 2030 will make it possible to reach the ultimate goal of reducing emissions 80 percent under 1990 levels by 2050. This is in line with the scientifically established levels needed in the U.S. to limit global warming below 2 degrees Celsius - the warming threshold at which scientists say there will likely be major climate disruptions such as super droughts and rising sea levels."With this order, California sets a very high bar for itself and other states and nations, but it's one that must be reached - for this generation and generations to come," said Brown in a statement. (See CP&DR commentary by Josh Stephens and Bill Fulton on the order's potential impact on statewide Sustainable Communities Strategies.) OPR Releases Draft VMT Guidelines, Advisory on Tribal Resources The Governor's Office of Planning and Research announced the availability of two documents related to the Guidelines Implementing the California Environmental Quality Act. The first document summarizes comments submitted to OPR on the preliminary discussion draft of changes to the CEQA Guidelines related to transportation analysis pursuant to Senate Bill 743. All comments that were submitted to OPR on the preliminary discussion draft during the comment period can be accessed through the summary (pdf). OPR is currently developing a revised draft which will be released for additional public review. The second document is a draft technical advisory (pdf) discussing new requirements, added by Assembly Bill 52, related to tribal cultural resources and CEQA. The provisions of the new law go into effect July 1, 2015. OPR is accepting input on the draft technical advisory. (See prior CP&DR coverage of SB 744.) Caltrans Releases Strategic Management Plan Caltrans released its new 2015-2020 Strategic Management Plan (pdf) , a roadmap of how Caltrans will meet the bold goals it has set for itself in order to be a high-performance, efficient, innovative and modern state department of transportation. The Strategic Management Plan describes Caltrans' five goals and their corresponding objectives, adding performance measures connected to each goal. These performance measures will be used by Caltrans as tools to manage from the Plan. The five categories of goals include safety and health; stewardship and efficiency; sustainabilty, livabilbity, and economy; system performance; and organizational excellence. Examples of metrics for each of these categories are, respectively, fewer than .05 fatalities for every 100 million miles traveled on state highways, and reducing pollutants by 85 percent by 2020; increase from 84 to 88 the percentage of roads rated as having "good" pavement; triple the number of trips taken via bike and double the number taken via walking or transit by 2020; slow the growth of hours of commuter delay; improve stakeholder participation. The plan is a culmination of a comprehensive process that builds upon the efforts of the Caltrans Program Review, Caltrans Improvement Project and recommendations of the State Smart Transportation Initiative. Caltrans is in the process of determining and developing baselines for all performance measures. State Audit of BART Describes Need for $9.6 Billion in Capital Improvements The California State Auditor's office reports that the Bay Area Rapid Transit District needs $9.6 billion in capital improvement and reinvestment projects, but that funding for those projects is still up in the air. $4 billion of the needed money would go to the "Big Three" projects: replacing its fleet of railcars (many of which have been in operation since 1972 and which the auditor says will reach the end of their useful lives by 2026), expanding its vehicle maintenance facility, and replacing its train control system. BART's ability to spend on the capital improvements is constrained by an operating budget deficit that is projected to grow from $5.9 million in 2015-16 to $57.3 million in fiscal year 2017-18. Instead, it may have to look to the 2016 ballot for bonds or sales tax increases. Bay-Delta Habitat Restoration Plan Curtailed Gov. Jerry Brown announced that the state would significantly reduce the acreage slated for conservation efforts in the Sacramento Bay-Delta. The plan cuts from 100,00 to 30,000 the number of acres of fish and wildlife habitat that will be restored, dropping the cost from $8 billion to $300 million. Along with that announcement, Brown reaffirmed his support for a controversial $15 billion plan to build water tunnels to deliver more water to the Central Valley. Critics contend that the reduced conservation area, which effectively nullifies the Bay-Delta Conservation Plan, is a precursor to an ecologically harmful "water grab." Supporters say that a smaller area will be easier to manage ad restore. Mixed-Use Project in San Diego May Face Vote Opponents of a large mixed-use project in the mostly-residential community of Carmel Valley in North San Diego have gathered enough signatures to force a 2016 public vote. The project, a 1.4 million-square-foot complex of office buildings, condos, and retail stores called One Paseo, generated public outcry and the ire of a shopping center across the street, who claimed that the project would have an unmitigable impact on traffic and would fundamentally alter the community's character. It got approval from the San Diego City Council in February, but the 61,235 signatures against it along with a pending lawsuit that says its Environmental Impact Report was inadequate will force the development onto the 2016 ballot, which is already packed with five city council races, a minimum wage increase, primary elections for president and the mayor, along with a possible public vote on a financing plan for a new Chargers stadium. Coachella Adopts General Plan Update The City of Coachella has updated its general plan after four years of work, providing guidelines for the next 20 years as the population continues to grow and the city considers large projects like the La Entrada housing development. The plan, which received a $274,000 grant from the California Endowment and was otherwise funded by $625,000 directly from the city, seeks to fulfill community requests for more transportation options, new opportunities for youth, a sustainable environment, and improvement of schools. The general plan won recognition from the Southern California Association of Governments, which plans on presenting the city with an award for its plan. Report Urges Development along L.A. River A recently released report from the Los Angeles Business Council urges the city to meet Mayor Eric Garcetti's goal of adding 100,000 new housing units in part by creating an Enhanced Infrastructure Financing District along the Los Angeles River. The report piggy-backs on a billion-dollar plan by the U.S. Army Corps of Engineers to revamp 11 miles of the L.A. River north of downtown. "If you look at frontiers and underutilized resources, I think the L.A. River is really fertile land with a lot of development potential," report author and UCLA real estate professor Paul Habibi told the LA Times. "There's market-driven demand, a lot of developers who are eager to get in there." To save time and costs in rezoning to include affordable housing, the report proposed a variety of tools, including local design guidelines and expedited permitting. The report estimates that a new financing district along the river, which would allow the neighborhood to capture new tax revenue and funnel it back into public works, could raise between $5-10 billion in the next 45 years. Hollywood Project Halted Over Insufficient CEQA Analysis A judge halted construction of the controversial three-tower Millennium Hollywood development, saying that the city of Los Angeles failed to fully assess in its Environmental Impact Report the impacts of the project on surrounding neighborhoods. The project, which was hailed as an appropriately dense project in a transit-rich area, was backed unanimously by the City Council and by Los Angeles Mayor Eric Garcetti. Community groups and Caltrans said that the project would significantly worsen traffic on the 101 freeway and be unsafe. In his ruling, Judge James C. Chalfant said that the details of the project were also too vague, with the developer's summary of the uses only mentioning "some combination" of residential uses along with hotel rooms, offices, and restaurants among other things. "A developer must present an accurate and stable picture of the project so that the public and decision-makers can decide whether its environmental consequences are outweighed by its public benefits," Chalfant wrote. Opponents also raised concerns about the project's proximity to newly mapped earthquake faults. Santa Monica Restricts Short-Term Rentals The Santa Monica City Council voted unanimously to strengthen a prohibition on short-term rentals through the home-share service Airbnb. The new ordinance allows "true" homesharing, wherein a homeowner can rent out rooms or guesthouses to travelers while the primary owner is on-site but prohibits rental of entire units by absentee landlords and managers. Short-term rentals, by which entire apartments or homes are rented out, number from 1,400-1,700 in San Monica and account for about five percent of the city's 33,717 rental units. Residents expressed concerns that with Santa Monica already not filling needed housing supply, the short-term rentals are squeezing even more possible residents out of the market. The ordinance is believed to be the strictest regulation of home-sharing in California. S.F., Oakland Ranked Highly for Walkability San Francisco and Oakland came in second and eighth place, respectively, on WalkScore's rankings of the 10 most walkable cities in the U.S. with populations exceeding 300,000. San Francisco received a walkability score of 83.9, narrowly losing to New York City; and Oakland received a 68.5, losing to Seattle and beating Baltimore. The rankings look at how walkable a city becomes by seeing how much space they claim for pedestrian traffic from cars, by looking at the opening of restaurants and shopping centers, and by judging improvements in public transportation.
- CP&DR News Briefs, April 27, 2015: Ruling Disrupts Water-Saving Plans; Cappio Leaves HCD; and More
Water agencies cannot charge water users incrementally more per gallon of use following a ruling by the Fourth District Court of Appeals that cited a 1996 law prohibiting government agencies from overcharging for services. The suit came about after San Juan Capistrano charged nearly four times as much per unit of water for users in the highest tier to provide an incentive to conserve, but failed to show that the water was that expensive to deliver. Governor Jerry Brown wanted to use the rates to save water and create strong disincentives for wealthier residents. Other water districts must now review the ruling to make sure that their rates are in step with the court, while still encouraging conservation during the drought. Two-thirds of water districts use some form of tiered water pricing, but now agencies will have to show that hikes are directly tied to the cost of water, according to the court. Change in Leadership at Dept. of Housing and Community Development Claudia Cappio has left her role as director of the Department of Housing and Community Development to head the "Coliseum City" development plan in Oakland. Replacing her as acting director will be Susan Riggs, the former Executive Director of the San Diego Housing Federation. Riggs has been serving as Deputy Secretary of Housing Policy for the Business, Consumer Services and Housing Agency (BCSH) since January 2014. Prior to joining BCSH, Riggs served as the Executive Director of the San Diego Housing Federation. In this capacity, her primary goal was to promote the creation of safe, stable, and healthy housing that is affordable to lower income families and people in need. Newly Discovered Fault Puts Ventura at Risk An earthquake fault that runs through downtown Ventura is extremely dangerous and could produce a magnitude 8.0 earthquake every 400 to 2,400 years, according to new research from the California Geological Survey. In contrast with the inland San Andreas fault, an earthquake at the Ventura fault could bring a devastating tsunami to the region that would begin "in the Santa Barbara Channel area, and would affect the coastline � of Santa Barbara, Carpinteria, down through the Santa Monica area and further south," according to Southern California Earthquake Center director Tom Jordan, as quoted in the Los Angeles Times . Up until the study, experts believed that California's biggest threat of tsunami would be a mega-quake in Alaska, which would still give Californians hours to evacuate. Services for Homeless Cost L.A. $100 Million Annually Five members of the Los Angeles City Council proposed that the city take a new approach in dealing with 23,000 people living on the streets. Reacting to a scathing report indicating that homelessness costs the city $100 million per year and saying that the city's response has been fractured and dysfunctional, the council members want to create a new council committee focused just on that problem. In the report, City Administrative Officer Miguel A. Santana said that $87 million of indirect costs go to the Los Angeles Police Department for arrests, patrols and mental health interventions. "What's happening in the city and county is unconscionable and unacceptable," Councilmember Mike Bonin said at the meeting. "For the most part we're wasting our money." Waze, Los Angeles Establish Partnership for Data-Sharing In a new private-public partnership, the City of Los Angeles and the traffic app Waze will share data on traffic patterns and roadway conditions. The partnership will allow people using the traffic app to see alerts about hit-and-runs and abducted children, and several government departments will send Waze information about construction, film shoots, and road closures. In return, the app will send the city real-time data about traffic patterns and roadway conditions. Police officers had previously worried that the Google-owned app, which has about 1.3 million users in the city, would put police officers in danger by giving their location and allowing people to track them down. Napa County Parks In Dire Financial Straits A new financial report brought disappointing news to the Napa County Regional Park and Open Space District: a planned expansion of the county's park and open space system doesn't have nearly enough funding and could take a century to complete unless a new tax speeds up the process. Currently, the district has enough funds to maintain existing amenities, but it only has about $100,000 annually available for expansions. Completion of the Bay Area Ridge Trail alone could cost the city $15 million. To raise the funds, the district's advisory committee is looking at the possibilities of a parcel tax, property tax, or sales taxes. "We're not trying to buy the whole county," District General Manager John Woodbury told the Napa Valley Register . "That's not the idea. But those special places that would benefit from being owned publicly, that's where we come in." Laguna Woods Begins General Plan Update The City Council of Laguna Woods agreed to begin work on a comprehensive update of the city's General Plan to map out the city's direction for the next 25 years. Estimated to cost $315,000, the update will focus on transportation, housing, land use, noise, open space, and fiscal development to provide direction on attracting and retaining industries. Adoption of the plan is projected for spring of 2017. Rents Keep Rising News reports have recently been focusing on the state of rental markets across California. Among the highlights: San Francisco, Oakland, and San Jose were respectively named the three worst cities nationwide for renters by Forbes. The rankings looked at the jumps in rent from 2014 to now, as well as vacancy rates, median household income, and other factors. The best cities for renters included Indianapolis, Kansas City, and Las Vegas. The influx of tech money into San Francisco shot the city's rental rates up 14.8 percent since last year, averaging more than $3,000 a month in some areas. The increase dwarfs the nationwide average of 3.7 percent. Homes in Orange County are flying off the shelves, as the city has become the fifth-fastest in the nation at selling homes. 59 percent of the homes listed through the real estate company Trulia this year came off the market in two months or less, compared with 40 percent nationwide. "Expensive markets � including many in California � have tight housing supplies because of limited construction in the face of growing demand. So homes get snapped up quickly," the report said. Report: Bay Area Ill-prepared for Superstorm Flood Waters A new report shows that, despite the persistence of drought in California, the Bay Area is extremely susceptible to a superstorm that occurs every 150 years. The study, released by the nonprofit Bay Area Council, says that flooding from this type of storm could produce $10.4 billion in economic damage, and it calls for the implementation of infrastructure projects ranging from levees to sea walls to wetlands to prepare for the storm. Eighty percent of the flooding damage from a 150-year storm would be concentrated in Marin, San Mateo and Santa Clara counties. In the Bay Area, 355,000 residents and $46.2 billion in assets are situated in areas that are susceptible, according to the report. "The drought is a function of extreme weather, but it's only one side of the coin, and we know what's coming next," Adrian Covert, policy director for the council, told the San Mateo County Times . "With this report, it shows that we can't say we weren't warned, and the time to prepare is now." The last major storm of this type occurred in the Great Flood of 1862, when 34 inches of rain fell on San Francisco in about a month. BART May Seek 2016 Property Tax Increase Officials at Bay Area Rapid Transit are considering putting a property tax increase on the 2016 ballot to fund badly needed upgrades to the system, according to Daniel Borenstein at the Contra Costa Times. The district is expecting operating shortfalls of $35-50 million in the years 2018-2024 due to costly employee compensation, and it lacks money to replace or improve 306 of its train cars. All in all, the district estimates that it would need about $4.8 billion in the next 10 years. However, with a tax increase requiring two-thirds of voters' approval, Borenstein warned that such an effort could torpedo the upgrades, and possibly even other unrelated transportation improvements. "Making matters worse, the district is aiming for the same presidential election ballot that Contra Costa Transportation Authority officials are eyeing for a measure to double their current half-cent sales tax for road and transit improvements," Borenstein told the Contra Costa Times . "By loading up the ballot, BART risks dividing the more fiscally conservative, tax-sensitive suburban vote between the two measures and killing both." PPIC Establishes Water Policy Center Amid the state's worst drought, the Public Policy Institute of California is launching a $9 million Water Policy Center with funding from the S.D. Bechtel, Jr. Foundation. The center will be headed by Ellen Hanak and will focus on research to promote public policy that would ensure clean and reliable water supplies, build healthy and resilient ecosystems, and prepare for future droughts and floods. "If California's water is managed well, it can support a vibrant economy, society, and environment now and in the future," Hanak said in a statement . "But we will need new approaches that are practical, evidence-based, and scientifically sound.
- CP&DR News Briefs, July 22, 2015: Brown Pushes Delta Water Tunnels; Army Corps Approves L.A. River Plan; New National Monument; and More
The state Department of Water Resources sharpened plans for the construction of two 30-mile-long tunnels on the Sacramento River, releasing hundreds of pages of documents in its environmental impact statement detailing the project's changes from the original 2006 plan worth $15 billion. Among changes, the new details show that the plan will eliminate pumping plants on the east bank of the Sacramento River in favor of a gravity-fed system into the tunnels. The details also present a scaled-back version of the plan, with Gov. Jerry Brown only calling for 15,600 acres for habitat restoration of offset the effect of the tunnels -only one-sixth of the amount of the governor's original proposal - and dropping efforts to obtain a 50-year permit for the project, raising anxiety among water agencies that are expecting more reliability in their water deliveries. Opposition to the project arose following the release of the documents. Stockton-area farmer Dean Cortopassi is circulating an initiative that would force public work projects costing over $2 billion to receive voter approval before issuing revenue bonds, a potential hitch in Brown's plan to avoid a public vote by raising funds from water agencies in exchange for reliable water deliveries. Environmentalists and Delta residents still say that pushing huge volumes of fresh water into the tunnels would greatly decrease drinking water quality for the East Bay and northern San Joaquin Valley and continue to degrade fish habitats, even though the Brown administration is proposing to restore 30,000 acres of habitat in the Delta. Army Corps Approves L.A. River Plan The Civil Works Review Board of the U.S. Army Corps of Engineers unanimously approved a plan, over a decade in the making, to restore 719 acres of the Los Angeles River, marking a key victory in the long-anticipated plans to reestablish riparian strand, freshwater marsh, and aquatic habitat while maintaining flood risk management on the river. The Los Angeles River Ecosystem Restoration project proposes restoration measures in and along an 11-mile stretch of the river to reestablish scarce riparian strand, freshwater marsh, and aquatic habitat, while maintaining existing levels of flood risk management. The city and the Corps are expected to share the $1.3 billion cost, but financial commitments have yet to be worked out. "The vote today validated that the recommended plan is technically feasible, environmentally acceptable, and economically justified," said Los Angeles District Commander Col. Kim Colloton. "Our partnership with the City of Los Angeles is as strong as it was in 1898 when we were working on the breakwater for the Port of Los Angeles, and it has been providing benefits and functioning well for over 80 years. It's now time to make room for the river." In order for the Corps and the City to begin construction, Congress now must authorize the project under the Water Resources Development Act and appropriate funds for it. Obama Designates Berryessa Snow Mountain National Monument President Obama declared the Berryessa Snow Mountain a national monument in an effort to better coordinate management of the area and raise its visibility for additional tourism and economic growth. The 331,000-acre wild land area covering Napa, Mendocino, Lake, Solano and Yolo counties is home to bald eagles, tule elk, and rare plants found nowhere else on Earth. It hosts historic Indian cultural sites from tribes that have inhabited the area for at least 11,000 years. Berryessa had been under mixed jurisdiction, with the Bureau of Land Management, the Bureau of Reclamation, and the U.S. Forest Service governing various tracts. Officials believe that the new designation will better coordinate management of the area, possibly generating as much as $26 million in economic activity over five years under the joint management of the U.S. Forest Service and the Bureau of Land Management. "After years of tireless work by countless numbers of people, the Berryessa Snow Mountain region is finally getting the permanent protection it deserves," U.S. Rep. Mike Thompson, D-St. Helena, and the driving force behind the designation, said in a press release. "This national monument designation will provide a boost to our local economy, enhance recreational opportunities for tens of thousands of people, and protect important wildlife." Judge Rules in Favor of Four Rural Water Districts Potentially hindering the state's efforts to enforce curtailments of 1.2 million acre-feet of water diversion for senior rights holders in the Central Valley, a state judge ruled that the State Water Resources Control Board cannot impose broad curtailments of water usage to four Central Valley irrigation districts without giving each one an individual chance to defend itself. Judge Shelleyanne Chang ruled that the SWRCB cannot issue mass notices that property owners holding senior riparian rights must stop diverting water from the Sacramento and San Joaquin Valleys "without any sort of pre-deprivation hearing." Experts told the Sacramento Bee that the ruling could affect the authority from an executive order intended to streamline the curtailment process quickly in the fourth year of drought. "The court is sending the state board a message that the water users have been trying to send for a few months," Jennifer Spaletta, a lawyer for the Central Delta Agency, told the Sacramento Bee . "Water rights are complicated. They cannot send out these broad orders." The curtailments marked the first time since 1977 that the state has affected senior rights, and the state had curtailed the rights to more than 1.2 million acre-feet of water leading up to the ruling. Orange County Streetcar Moves Forward The Orange County Transportation Authority agreed to a memorandum of understanding with the city of Santa Ana for the $250 million OC Streetcar Project, outlining the roles and responsibilities, development, operations, and maintenance of the project. Under the new agreement, the OCTA is responsible for the design, construction, and operations, along with securing the funding, while the OCTA and the city of Santa Ana must both develop and participate in a public outreach program for the project. With construction expected to begin in 2017 and operations beginning in 2019, the route will stop at 12 stations from the Santa Ana train station, through downtown Santa Ana, and connecting to a new multimodal transit hub at Harbor Boulevard and Westminster Avenue in Garden Grove. L.A. County May Ban Utility-Scale Wind Turbines The Los Angeles County Board of Supervisors took preliminary steps to ban utility-scale wind turbines in the county's unincorporated areas, voting unanimously on a draft Renewable Energy Ordinance that would update the county's permitting and regulations on those projects along with small-scale wind and solar projects. After hearing complaints from residents of Antelope Valley that the large wind projects - originally planned to have a height limit of 500 feet- created fugitive dust and contributed to health concerns like valley fever, Supervisor Michael Antonovich proposed the ban in favor of regulations that would incentivize construction of small-scale projects mounted on roofs by streamlining the permitting process for those smaller projects. The county's Department of Regional Planning staff had recommended that the large wind farms, which typically generate electricity for off-site use and are contracted through a power-purchase agreement with a utility, be allowed but regulated. Oakland Considers Proposal to Keep Raiders Oakland City council members met in a closed session to discuss a proposal by San Diego developer Floyd Kephart in which Oakland and Alameda Counties would finance $100-140 million in infrastructure improvements before submitting plans to finance the $1 billion Oakland Raiders "Coliseum City" project he is heading. While activists rallied to decry the project, saying that Kephart should guarantee local jobs, affordable housing, and public services, Councilwoman Rebecca Kaplan defended Kephart's request to be freed from obligations to improve infrastructure. "Even if all the sports teams and Floyd Kephart disappear, we should still develop that site," Kaplan told the San Francisco Chronicle. She added that transit-oriented development - such as a massive sports complex, convention center, or shopping mall near the Coliseum BART station - will create jobs, boost the economy and encourage people to use public transportation. Judge to Deliberate on Sacramento Arena Following Final Arguments A lawsuit over a public subsidy given to fund a new downtown stadium for the Sacramento Kings will go to a judge following final arguments in which plaintiffs argued that the city committed fraud by hiding the full value of its investment. Specifically, they argued that rights to 3,700 parking spaces at the former Downtown Plaza and entitlements to build six digital signboards near freeways amounts to a secret subsidy given by the city without any public disclosure. Attorneys for the city said that the plaintiffs were tossing unproven theories in hopes that one would stick. "They failed to really produce any evidence that there was a collusion or conspiracy among city staff, city officials, the city council to defraud the public," Assistant City Attorney Matt Ruyak said at the hearing, according to Capitol Public Radio . Expedited Review Environmental Approved for Potential S.D. Football Stadium The San Diego City Council voted, 6-3, to approve a $2.1 million expedited environmental review for a new Chargers stadium, hoping to convince the NFL to force the non-complicit Chargers -- currently pursuing a joint venture in Carson with the Oakland Raiders -- back to the bargaining table, . Officials hope that the vote will show the NFL that San Diego is serious about building a new stadium in the wake of a looming visit of NFL executives to San Diego in July and a meeting of NFL owners in Chicago on August 10, along with Mayor Kevin Faulconer's hopes to put a stadium proposal on the ballot in December or January. The proposal would build a new stadium at the Chargers' existing site at Qualcomm Stadium, though the Chargers were in favor of a downtown site. The council members in opposition called the spending an improper use of taxpayer money. "Without a financing plan for this project, we are simply not being serious," as Councilman David Alvarez said at the meeting, according to the San Diego Union-Tribune. U.S., Mexico Move Towards Tijuana River Agreement The U.S. and Mexico are preparing to sign a binding formal agreement to regulate pollution that has plagued the Tijuana River watershed on both sides of the border. The agreement, known as a "minute" and expected to be completed before the end of the summer, would set up a bilateral framework composed of government agencies and the nonprofit sector to address the watershed's three major issues: sediment control, solid waste management, and water quality. The Tijuana River Watershed covers 1,735 miles of Baja California and San Diego County, and pollution from discarded tires in Tijuana, sediment erosion from Mexican canyons, and other pollution have affected water quality on both sides of the border for the past three decades. Judge Throws Up Roadblock for Uber Ride-Hailing Service A California judge dealt a blow to ride-hailing service Uber, recommending that the Silicon Valley-based company be fined $7.3 million and be suspended from operating in California for evading a 2013 state law designed to ensure that drivers are doling out rides fairly to all passengers. In the ruling, Karen V. Clopton, chief administrative law judge of the California Public Utilities Commission, said that Uber's annual report concerning data about rides provided through the app did not include hard numbers on customers who requested cars to accommodate service animals or wheelchairs, or raw numbers on requests tabulated by ZIP Codes. While a $7.3 million fine would be just a drop in the bucket for the company backed by $5.9 billion in venture capital, the suspension of Uber's services in its own backyard would be a major symbolic blow as it faces litigation in other cities in the U.S. along with countries throughout Europe. "It's not a market they would want to jeopardize their existence in over not handing over some spreadsheets," Juan Matute, the associate director of the UCLA Lewis Center and the Institute of Transportation Studies, told the LA Times.
- CP&DR News Briefs, November 16, 2015: 9,100 Homes for Mountain View; L.A. Subway Cost Overruns; Housing Penalties in Bay Area?, and More
The Mountain View City Council specified the number of houses it is prepared to build in the city's North Bayshore business district, choosing the densest option of building 9,100 units in the area that's home to Google, LinkedIn, and Microsoft. "It gives us the most flexibility moving forward," Vice Mayor Pat Showalter said at the meeting, according to the San Francisco Business Journal . "It's not all going to be built. So having more areas where it's allowed is better." Getting to that number of units would require a revision of the final Environmental Impact Report, which the previous council had approved without any residential space. After that, voters put a pro-housing council majority into office last November as housing advocates said approving office space with no housing would aggravate traffic issues and promote suburban sprawl. Councilmembers supported a land-use plan that would allow residential uses for over 60 acres of land, most of which is owned by Google. Mountain View currently has 31,000 households. Downtown L.A. Subway Project Falters Los Angeles' Downtown Regional Connector project -- considered as a crucial missing link in Metro's expanding mass transit network -- is already encountering cost overruns and schedule delays, even before tunneling has begun. Half of the project's $92.7 million reserve for unexpected cost has been expended because of complications with underground utilities, and a Metro analysis indicates that the estimated $1.42-billion price tag for the subway connection needs to grow by $130 million, or 9%, to cover the added expenses and replenish the reserve fund. The project will be a 1.9-mile connection between the 7th Street subway station near Staples Center to the eastern edge of Little Tokyo near Union Station, and is seen as the linchpin of an unprecedented boom in rail construction for Metro. "These kinds of stumbles that we're having here are very common in construction projects, but especially when you're doing it in a huge business area, in a downtown environment," said Metro spokesperson Pauletta Tonilas. "It's not a surprise that we've hit some bumps in the road." Bay Area Group Calls for Penalties on Cities that Shirk Housing Obligations A controversial new report from the Bay Area Council suggests that Bay Area cities that do not build enough housing to keep up with the region's growth should be punished by having their ability to approve or reject development projects stripped. The "Roadmap for Economic Resilience" report suggests creating "super agencies" to supersede local planning authorities in approving and funding projects, and it suggests that the state could expand "by right" approvals in which cities are powerless to block a project if it complies with local zoning and building codes. It also said that the area's 26 transit agencies need to begin coordinating their planning immediately. "The mission of the report isn't to say, 'It must be done this way,'" Jim Wunderman, the council's chief executive officer, told the San Francisco Chronicle. "It's to start a region-wide conversation. ... We don't, in any way, want to put local governments out of the business of deciding what goes in their neighborhoods." L.A. Earthquake Upgrades to Begin in February As early as February, Los Angeles officials will start instructing some property owners to initiate earthquake retrofits on thousands of wooden buildings in the city. The orders will apply to "soft-story" wooden apartments with weak first floors that are often held up by slender columns over carports. An estimated 15,000 buildings -- both wooden and concrete -- across the city will be strengthened under Los Angeles' new landmark retrofitting laws. Owners of the city's largest apartment buildings containing 16 or more units will receive the first wave of orders, after which they have one year either to submit proof that the building doesn't need retrofitting or to submit plans for retrofit or demolition. Property Owners Force Repeal of Rent Control in Richmond The Richmond City Council voted to repeal a rent control ordinance following a successful petition drive by property owners in the area. The ordinance was passed by a City Council vote instead of a voter referendum and was therefore subject to repeal if enough opposing signatures were gathered. It would have prevented landlords from increasing rents more than 2 percent each year and made it more difficult to evict tenants. Councilwoman Gayle McLaughlin, who supports rent control, said coalition groups are drafting a new policy with simpler and clearer language to be voted on by the city council in the near future, after which it will be put up for a referendum for Richmond voters. Los Angeles Faces CEQA Suit over Drilling A group of environmental advocates are suing the City of Los Angeles, alleging that the city has violated the California Environmental Quality Act by rubber stamping plans involving oil drilling near homes. Officials have exempted most plans related o oil drilling and extraction from CEQA requirements "under the basis of there being no change in land use," because many sites predate the 1970 passage of CEQA, according to a report prepared last year by the Planning Department. The lawsuit, which comes from Youth for Environmental Justice, the Center for Biological Diversity and the South Central Youth Leadership Coalition, could find only one instance when Los Angeles required an Environmental Impact Report for oil drilling, and it came in a largely white neighborhood. The groups are arguing that oil drilling sites should be fitted with much more stringent conditions like taller walls, better sound protection, and less-polluting equipment. Redwood City Approves Affordable Housing Fee The Redwood City City Council approved a new affordable housing fee on development in the city. The move, which would charge developers $5 to $25 per square foot for commercial projects over 5,000 square feet and residential projects of five or more units to generate $3 million per year., was opposed by business and developers' groups, who argued that the fee would raise housing prices and bring development to a halt. "I think when it comes to the situation that we're in right now, the rules are different," Vice Mayor Rosanne Foust, who supported the ordinance, told the San Jose Mercury News. "And if one housing developer decides, 'you know what, I'm not interested in paying that fee,' my guess is there are four other housing developers that are going to be behind him." Developers who agree to build affordable housing or provide land for such a project could be exempted from the fee. Wind Farm Proposed for Coast off Morro Bay Plans to build the state's first offshore wind farm are gaining steam as a Seattle company released a plan to install 100 floating turbines up to 636 feet tall about 15 miles off Morro Bay. The project would generate 1,000 megawatts of electricity, capable of powering 300,000 homes. However, some environmentalists are already wary of the project. "California places a great deal of value on the Pacific coastline and what it looks like when you travel there. People don't want to look out and see a floating industrial facility," said Susan Jordan, director of the California Coastal Protection Network in Santa Barbara. California currently draws 8 percent of its electricity from its 1,883 wind turbines. It needs to increase that and other renewable sources to follow Gov. Jerry Brown's landmark law requiring state utilities to provide 50 percent of their electricity from renewable sources by 2030. Report: San Diego Facies Housing Crisis A new report from the San Diego Regional Chamber of Commerce and the London Group finds that San Diego County is building itself up for an affordable housing crisis that could choke economic growth. The report finds that home building has slowed dramatically since the 2008 recession with only 3,153 multifamily units and 2,272 single family units being built since 2008, respectively corresponding to 44 percent and 64 percent of what SANDAG anticipated. The report predicts that there could be a shortage of 45,000 to 118,000 single family homes by 2050. "Ultimately we pay the price in those companies that are not growing or moving out or expanding elsewhere," economist Gary London said. "The other path is that we become a boutique region where we basically become a region that mostly accommodates the haves and leaves out the have-nots." Restoration Begins on Portion of Salton Sea Officials began work on a $3.5 million project to restore 420 acres of Red Hill Bay on the southeastern shore of the beleaguered Salton Sea, which has been dying for decades. Recently, agricultural runoff, which is crucial to the sea's water levels, has been declining. The modest project, which is slated for completion in early 2017, is a signal that restoration of the 35-mile-long sea is not a lost cause. The Pacific Institute, an environmental think tank, has warned that a loss of water in the sea exposes the sea bottom laden with pesticides and salt, potentially causing an impending disaster to public health, property values, agricultural production, the environment, and the recreation industry. The Salton Sea Authority has set a goal of restoring 12,000 acres of shoreline habitat in the next five years, and another 25,000 acres starting in 2020.
