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Petitioners in the Saltonstall CEQA challenge to the Sacramento Kings arena project filed a notice of appeal July 31, but the Sacramento Bee reports the Kings began demolition at the downtown site anyway. The Saltonstall petitioners lost an injunction petition last week in superior court. The Bee reports the Kings' counsel argued that the NBA could purchase and move the team if the arena failed to open on time in October 2016. See http://bit.ly/1s7rraV and http://bit.ly/1saO6AV. With Sacramento's new court document fee rules in place, it will cost you to read the Saltonstall Notice of Appeal and the prior decision, but the names on the appeal are just discernible through the gray slashes digitally imposed on the "preview" display. See the online case index, which itself is free to view, at http://bit.ly/1nnr0Sd. Meanwhile, Bee columnist Marcos Breton reports the basketball team's management are in talks to buy the city's Republic FC soccer team. See http://bit.ly/1ookAa5. Legislature back in session, still trying for a water bond bill The Legislature returned to Sacramento August 4, still not done with the task of replacing the dated water bond proposal that, as of now, is still parked on the statewide November ballot. They also faced results of a major recent public relations campaign to stop or delay fuel tax provisions of the AB 32 greenhouse gas reduction bill before it takes effect. See the Sacramento Bee for a link-rich summary at http://bit.ly/1pVuugs and a larger-scope roundup from KQED's John Myers at http://bit.ly/1uf68lM. The Sacramento Bee reported separately that plastic bag companies were running television ads in a continuing effort to stop SB 270, the statewide plastic bag restriction bill. See http://www.sacbee.com/2014/08/04/6604874/plastic-industry-hitting-tv-again.html. Local governments were still moving to pass their own bans in anticipation of a grandfathering provision in SB 270. Monterey County granted initial approval for a plastic bag ban in its unincorporated areas, with the final approval vote set for August 26, per the Monterey County Weekly at http://bit.ly/1qLbHus. See http://www.cp-dr.com/articles/node-3481 for details on the grandfathering provision and prior legal and legislative history. In two pieces of completed legislation: Governor Jerry Brown has signed AB 1963, a bill by Assembly Speaker Toni Atkins to ease post-redevelopment logistics. The League of California Cities at http://bit.ly/1kCizIo summarizes the new law at http://bit.ly/1kCizIo, with a link to the text. Its major provision is to give the Department of Finance an extra year, until January 1, 2016, to approve Long Range Property Management Plans for real estate caught up in the redevelopment dissolution process. It was also the League that picked up this Monterey County Weekly item on the signing of SB 2119: http://bit.ly/1owAgYO. Per bill analyses on the SB 2119 official site at http://bit.ly/1y0NRJk, the law adds the possibility of a transactions and use tax to the types of taxes that a board of supervisors can invite residents of a county's unincorporated areas to vote into effect for themselves. Delta tunnel plan's comment period has closed The comment deadline closed July 29 for the Bay Delta Conservation Plan (BDCP) -- the twin-tunnels plan to carry water southbound under the delta rather than into it. The comprehensive California water blog Maven's Notebook posted an "Internet Guide to the Bay Delta Conservation Plan" several weeks ago that walks through the available plan documents (See http://bit.ly/1rRmD9w). Maven will be a good source for further developments as smart water writers start to read and post about the comments. Already she has noted a Capital Public Radio item at http://www.capradio.org/29065 on an anti-tunnel protest rally held in Sacramento to mark the close of the comment period. The BDCP project's own Web site is at http://baydeltaconservationplan.com/Home.aspx. California Economic Summit wants 'peer review' of CEQA guidelines The California Economic Summit civic organization has asked Governor Jerry Brown to conduct a "peer review" by experts and officials of draft revisions to the CEQA Guidelines before they are circulated to the general public. Revisions to the guidelines are in the works at the Office of Planning and Research. See http://www.caeconomy.org/reporting/entry/summit-calls-for-review-of-ceqa-guidelines. San Francisco could soon run out of Prop M office space allowance JK Dineen of the San Francisco Chronicle posted an in-depth news analysis July 29 on downtown planning effects of San Francisco's 1986 Proposition M, which limits new office space construction to 875,000 square feet per year. See http://bit.ly/1kkLKiZ. The SF Business Journal more recently posted a followup story with added details. Both articles report the Planning Commission will start public discussion August 7 on how to proceed if San Francisco construction plans use up the currently available Prop M allowance of office space, which is about 2 million square feet. Dineen puts the amount of proposed office construction at 9.2 million square feet but the Business Journal puts it at more than 11 million. See http://bit.ly/1y0wUyO. Coastal Commission to take up the Sand City matter again, briefly There's one more approval stage ahead for the slightly queasy deal signed at the April Coastal Commission meeting to allow the 368-unit Sand City resort project to go forward in Monterey County. The Commission's August agenda will include a proposed approval for revised detailed findings based on its prior actions in April. Approval of the "eco-resort" for an ecologically fragile dune area upset some environmental advocates in April, especially regarding potential harm to snowy plover on the site. (See http://www.cp-dr.com/articles/node-3474.) The Monterey Herald has a summary of issues at http://bit.ly/1uIR1oL. Sand City has the very last item on the Commission's four-day San Diego agenda. For the proposed revised findings see the large (512 pp.) agenda item file at http://documents.coastal.ca.gov/reports/2014/8/F16a-8-2014.pdf. The Sand City project was a subject of conflict and litigation for years. For some of the prior history see CP&DR's prior coverage from 2008 at see http://www.cp-dr.com/articles/node-1963. Tule Lake preservation group sues over airport fence on camp site The Tule Lake Committee has filed a CEQA court petition to block construction of a fence at Tulelake Airport in Modoc County. The airport, which is used mainly by a crop-dusting company, Macy's Flying Service, occupies part of the footprint of the wartime Tule Lake Relocation Center, later designated the Segregation Center, where more than 18,000 Japanese Americans were incarcerated from 1942 to 1946. The fence has been endorsed by the FAA as needed to secure the runway. Lee Juillerat of the Klamath Falls Herald and News , who has written on camp site preservation issues for years, has a detailed perspective on the matter at http://bit.ly/1poV83T. In a Change.org petition and a public campaign, the petitioners have argued that the fence would interfere with visitors' ability to view the historic site as a whole and would especially block access to families looking for the locations of relatives' barracks. The Tule Lake camp site, now the town of Newell, CA, is near the Modoc-Siskiyou county line about 30 miles south of Klamath Falls, Oregon. For the petition and related campaign materials see https://www.facebook.com/StopTheFence. The suit names Modoc County, where the airport is located, and officials of the nearby Siskiyou County town of Tulelake, with Macy's Flying Service as real party in interest. Khosla posts his side of the Martins Beach story Vinod Khosla, owner of the disputed Martins Beach on the San Mateo County coastside, used op-ed space in the SF Chronicle on August 4 at http://bit.ly/1kC5bUH to post comments arguing the beach "has never been open to public access" in the sense that "prior owners ran a commercial operation" that charged for access. The op-ed repeated Khosla's prior objections to requirements imposed by county and Coastal Commission officials, and it claimed "Coastal Commission staff indicated 'they will need a permit for something sometime, and then we will have them' and 'we will tie you up in red tape.'" It said the prior owners of the property had tried to interest nonprofit and public agencies in purchasing the land for a park but did not find takers. As of July 24, the Commission raised the stakes in the beach battle by posting an invitation on its official http://www.coastal.ca.gov/ site for members of the public to document their past use of Martins Beach in a "prescriptive rights survey". See http://bit.ly/1lBnMe6 for more comment and details. In other news: The Department of Finance has approved release of an additional $4.9 million to continue with San Diego's Horton Plaza project to turn a former department store building into an open downtown public space. The U-T has details at http://bit.ly/1lZ4X4D. KPBS has more background at http://bit.ly/1rRuRys. The approval letter is posted at http://bit.ly/1lZ528x. Nate Donato-Weinstein of SFBJ reports Google has bought more of Mountain View: $98.1 for nine buildings from Boston Properties: http://bit.ly/1xBXxtB. A burst pipe at UCLA led to a flood that wasted 20 million gallons of drinking water. The LA Times at http://lat.ms/1kkaJCD responded with a report on concerns about the age and condition of the city's infrastructure. The SF Chron 's Will Kane writes that Oakland will have to raise "at least $1.75 billion" to keep both the A's and the Raiders in town: http://bit.ly/1owlOAg Both San Francisco and Los Angeles sent representatives to Colorado Springs in July to discuss possibly hosting the 2024 Olympics. The Chron wrote up SF's delegation at http://bit.ly/1spsD7j and the LA Times reported on Mayor Eric Garcetti's trip at http://lat.ms/1oa5Egi. The LA Times says the U.S. Olympic Committee will pick a U.S. host city in 2017. It remains to be seen if San Francisco is sore enough from its losses hosting the America's Cup to hesitate about investing in another one-time international sports event.

Monterey County has settled a lawsuit over its General Plan filed by the LandWatch advocacy group. The settlement includes a commitment to addressing water supply problems and paying more than $400,000 in LandWatch's legal bills. The settlement commits the county to addressing Salinas Valley basin overdraft, seawater intrusion and falling groundwater levels if those remain issues by 2030. The county also agreed to place restrictions on wineries, including limitations on agriculture on steep slopes and stiffening permitting requirements for stand-alone inns and restaurants. San Francisco, Sacramento Pursue Light-Rail Improvements Both San Francisco and Sacramento announced last week that they are taking major steps to improve their light-rail systems. In San Francisco, Mayor Ed Lee announced a plan to spend more than $600 million to replace every single car in the Muni system. The contract, with Seimens Rail Systems, calls for the city to purchase 175 cars, with an option for 85 more. In Sacramento, city officials announced a partnership with downtown business owners to improve the light-rail system there in anticipation of the opening of a downtown sports arena and entertainment center. The effort will focus on operational improvements as well as improving trash pickup and other basic items at the stations. No General Plan Update for Irvine The Irvine City Council voted not to pursue a general plan update in the near future, meaning the city will continue to operate under the plan adopted in 1999. The state recommends that cities update their general plans every five years, but transportation and housing are the only elements those updates are mandatory. In voting against pursuing a plan update, a split city council cited several concerns, including Orange County's control of 100 acres inside the city and the ongoing problems with development of the Great Park. These unresolved issues would make the drafting of a new general plan premature, according to council members who voted against the motion. Some 27 development projects are currently under way in Irvine. Walnut Creek Specific Plan Unveiled Walnut Creek residents got their first glimpse of the West Downtown specific plan, which includes proposed higher-density development in the corridor from Downtown to the Walnut Creek BART station. The plan , produced by PlaceWorks, calls for 2,400 new housing units in addition to 1,700 already in place. The plan not meet with universal support at the rollout meeting. Said one resident of the plan's increased densities: "I don't see character; I see Emeryville, I see San Ramon, and I don't want to live in those towns." State of Jefferson Movement Now Includes Five Counties In far northern California - where compliance with CEQA and other land-use regulations is often viewed as optional already - five counties have joined the long-simmering movement to secede from California and form the new State of Jefferson. Representatives from Tehama, Glenn, and Yuba counties presented the State Legislature with "declarations of separation." They join Siskiyou and Modoc counties in petitioning the legislature to move forward with such a succession.

August 11 would have been the deadline for California's statewide ballots to go to press, but state legislators pushed that date back as they continued to work on a water bond deal with Governor Jerry Brown. According to Ben Adler of Capitol Public Radio, details emerged late in the day of a plan calling for almost $7.2 billion in spending -- most of it in new bond funds -- of which $2.5 billion would support surface water storage projects. He reported the Legislature passed, and Governor Brown signed, bills to delay the voter guide deadline, change the number on the November "rainy day fund" measure to Proposition 2, and label whatever water bond proposal is on the ballot as "Proposition 1". See http://bit.ly/1yoDYFC. The Sacramento Bee has more at http://bit.ly/1kXLI0B. In a more detailed report at http://bit.ly/1oECjLc, Adler reviewed disputed issues, including the goal of making the bond measure "tunnel neutral" with respect to the Governor's Delta tunnel project, and pending proposals for water storage projects, including the Temperance Flat dam proposal. (For a detailed read on Temperance Flat, see blogger Patricia McBroom's article last February at http://bit.ly/1B9TQzP.) If placed on the ballot, the new bond measure would replace the dated $11.1 billion proposal currently on the ballot. The LA Times said a Republican  $8.7 billion counterproposal was also pending as of last Friday. See http://lat.ms/1oxAevz. The LA Times ' Jim Newton has a bigger-picture news analysis on the politics and context of the bond negotiation -- and the fragility of LA's own water infrastructure -- at http://lat.ms/1opsBx7. Other bills before the Legislature this month include major legislation that would make California the last Western state to regulate groundwater use statewide. Dave Puglia of the Western Growers Association told the LA Times , "California hasn't attempted to change water law this dramatically in 100 years." See http://lat.ms/1yjQUML. Ponte Vista project breaks ground with a diminished plan for 676 units A popular article last week by the LA Times ' Andrew Khouri presented the Ponte Vista project in San Pedro as a case study of a large-project proposal whittled down by community opposition to a smaller design with lower density and higher costs per unit than first proposed. He writes that the original 2005 design called for 2,300 condo and town house units plus 10,000 square feet of retail -- but as of the groundbreaking last week, the design called for 676 units including 208 single-family homes. See http://lat.ms/1mpl23M/. A series of stories over the years by Curbed LA , collected at http://la.curbed.com/tags/ponte-vista, recount more of the project's reshaping over time from a large "mixed-use urban village" to a smaller "suburban-ish" gated complex. It says the project changed owners along the way, lost all its proposed rentals, and picked up agreements for an access road, union labor, local hires, and public access to recreation spaces. 'Boomerang campaign' secures Alameda Co. post-redevelopment funds for housing Housing advocates persuaded the Alameda County Supervisors on July 29 to commit a dollop of former Redevelopment funds to affordable housing and homelessness prevention. The Supervisors committed $13.7 million in one-time funds to the programs plus a promise to reserve more for the programs starting in 2016-17: 20% of tax funds that would formerly have gone to Redevelopment, or at least $2 million a year. The one-time commitment consisted of $9.8 million in funds "swept" from ex-Redevelopment accounts reserved for housing, plus $3.9 million of additional ex-Redevelopment funds. The campaign that won the distribution was led by the East Bay Housing Organizations coalition (see http://ebho.org/news) and was associated with the "Boomerang Campaign" of the Non-Profit Housing Association of Northern California. (See http://nonprofithousing.org/policy-advocacy/the-boomerang-campaign/.) Although the dissolution of the redevelopment agencies ended Redevelopment's 20% housing set-aside for tax-increment funds, the campaign has urged local governments to honor its intent. The campaign frames returned ex-redevelopment amounts as "boomerang funds" and argues that equivalents to the old 20% set-aside � or more � should be used for housing, not simply poured into the general fund. The campaign claims successes in multiple Bay Area towns and counties over the past two years. For details on the Alameda County decision see the Supervisors' July 29 "Attachment 99.3" agenda item. The staff-prepared agenda packet materials are at http://bit.ly/1yoROrs and video is at http://alamedacounty.granicus.com/MediaPlayer.php?view_id=2&clip_id=2314. (The vote is reported in the Pleasanton Weekly at http://bit.ly/VdGG3Z. Noted via the League of California Cities.) After court ruling, San Diego considers new approaches to convention center, stadium San Diego officials were regrouping after an appellate court overturned the city's special hotel tax, leaving no agreed way to pay for a convention center expansion. California's Fourth Appellate District had ruled in City of San Diego v. Shapiro that the tax was invalid as approved by hotel landowners/lessees, and instead required approval by two-thirds of the city's voters. (See http://www.cp-dr.com/articles/node-3545.) As the plans headed back to the drawing board, JMI Realty, builders of the existing Petco Park ballpark, were proposing a new San Diego Chargers stadium design that could be combined with a convention center expansion plan. See http://bit.ly/1kXMNpo. In an op-ed at http://bit.ly/1lQ4mCp, City Council member David Alvarez argued that the process by which hotel landowners agreed to tax themselves for the convention center expansion had been short on public participation and would need to broaden into "a citywide civic dialogue". In a Twitter thread beginning at https://twitter.com/sdutOsborne/status/498487348531712001, Alvarez debated with Mark Cafferty of the San Diego Regional Economic Development Corporation over the quality of the public process last time around. Cafferty argued that the last approach came out of an inclusive process at the start and had a wide coalition "to push this plan across the finish line"; Alvarez wrote in part, "hoteliers dominated previous process. No real input from public was sought or accepted... Real question is: are hoteliers and the mayor willing to engage the public on options going forward?" Chiu short-term home rental legislation passes SF Planning Commission San Francisco's Planning Commission gave initial approval August 7 to legislation by Board of Supervisors President David Chiu to legalize, regulate and tax short-term rentals through online services such as Airbnb. The Bay Guardian covered the long, contentious hearing at http://bit.ly/1sx5XEQ, reporting the  legislation would require hosts to "register with the city, pay all associated taxes and sign up for liability insurance." Previously, the San Francisco Business Journal reported a new group of short-term rental hosts, the Home Sharers of San Francisco, kicked off a public campaign July 31 in favor of the Chiu legislation. See http://bit.ly/1m5GURx. The Guardian 's former editor, Tim Redmond, gave his own opinionated account of the hearing on his own 48 Hills site at http://bit.ly/1oFHWDM. He and the Guardian described arguments from opponents of the legislation who ranged from former planning officials, to apartment landlords concerned about insurance, to a hotel workers' union representative. Redmond reported that although many short-term rental hosts spoke on their own behalf, no direct representatives of Airbnb or VRBO spoke for the companies at the hearing. The legislation next goes to the Board of Supervisors in September. WeHo developer gives up 'poor door' pool policy but still loses Planning vote Under criticism from the West Hollywood Community Development Department, developers of the 8899 Beverly office building conversion gave up a proposal to bar residential tenants of affordable units from using the property's pool � but they still lost a Planning Commission vote, possibly also due to the size of the project. Southern California Public Radio reported project proponents backed down and agreed to share the pool shortly before the planning commission vote. See http://bit.ly/1ulWBfF (via CACities). The proposal was locally condemned as a "poor door" � a term derived from New York City projects that have fully separate entrances to their affordable sections. Per the LA Times at http://lat.ms/1mEA3Pe, the project calls for renovating a 10-story office building into a mixed-use complex including 64 market-rate and 17 affordable residential units. The Times reports the commission's August 7 vote against the proposal becomes a recommendation to the city council, which will decide the project's future. In other news � The Coastal Commission begins a special four-day session August 12 with a full agenda that includes the expansion of I-5 along the 27-mile North Coast Corridor north of San Diego. See http://coastal.ca.gov/mtgcurr.html. The agenda item, No. 17 on August 13, is at http://documents.coastal.ca.gov/reports/2014/8/W17a-s-8-2014.pdf. In an interview on her plans as Speaker of the Assembly, Rep. Toni Atkins, D-San Diego, told the Voice of San Diego she would support a "down and dirty discussion" of possible legislative changes to CEQA. The paper reported she "questions the need for an environmental impact report when a property owner wants to upgrade or replace an existing building." See http://bit.ly/1BaBj6H. The Sacramento Bee reported on a statewide increase in available charging stations for electric vehicles at http://bit.ly/1orbVoM. The SF Chron 's JK Dineen reported on a proposal by Build, Inc. to build 900 residential units on the 14-acre property at 700 Innes Ave. near the India Basin Open Space in the Bayview District of San Francisco. The paper reports it's "the largest remaining privately owned development site in the city". And it says Build, Inc. is "talking to" the John Stewart Co., a major developer and manager of subsidized housing, about including "for-sale housing targeted at middle-income families" on the site. See http://bit.ly/V88kyS. The water issues weblog Maven's Notebook has posted an August 1 decision by the Mammoth Community Water District to sue the Great Basin Unified Air Pollution Control District over the Casa Diablo IV geothermal project. The water district contends the project's FEIS/EIR failed adequately to consider effects on groundwater that it says could harm the city water supply. See http://bit.ly/1sLLWad. The Mercury News reported Los Gatos was near approval of a specific plan for a mixed-use development on the "North 40," described as the city's last large vacant parcel. See http://bit.ly/1oFQBGg. The Riverside County town of Hemet approved a specific plan in June for the Ramona Creek mixed-use development at the west end of town. The Press-Enterprise reported recently the project would turn "200 acres of dirt" into "more than 500,000 square feet of retail, entertainment, restaurant, office and mixed-use development along with approximately 1000 houses." Local officials welcomed the plan as the first local major development since the mid-2000s. The developer is Regent Properties of Los Angeles. See http://www.pe.com/articles/hemet-698633-city-development.html. City documents for the specific plan are at http://www.cityofhemet.org/index.aspx?NID=627.

Restrained congratulations were circulating in late November over a deal brokered by Los Angeles Mayor Eric Garcetti that persuaded the Kinkisharyo company to expand its rail car assembly operation in Palmdale after all. The Japanese rail car manufacturing company had threatened to move the planned expansion of its U.S. branch elsewhere after activists supportive of International Brotherhood of Electrical Workers (IBEW) Local 11 filed a CEQA appeal with the Palmdale City Council against the expansion. (See prior coverage at http://www.cp-dr.com/articles/node-3601.) The L.A. Times reported the deal allows Kinkisharyo to expand without facing environmental review challenges, while the IBEW will be able to conduct a "card-check" union organizing campaign as it had sought to do. But the paper wasn't happy about the outcome necessarily: that report appeared in an editorial that suggested: " Kinkisharyo and IBEW win; CEQA loses? " The paper suggested that the Legislature in its new session would have reason "to make it harder for groups with ulterior motives -- be they labor unions or business rivals -- to stymie projects," and that in turn would make environmental challenges more difficult for concerned citizens. The Rafu Shimpo has more details of the agreement. Because IBEW Local 11 got the card-check organizing agreement out of the deal, the conservative Breitbart site described the agreement as an abuse of process to gain a labor negotiating advantage. And although the deal preserved the promised production jobs in Palmdale, the Chamber of Commerce wrote that construction jobs were lost because Kinkisharyo went back on its original plan to build a large new assembly building. Protest takes to freeways as well as streets The nationwide demonstrations over accountability for police killings continued to suburbanize, with freeway ramps as well as streets frequently occupied by demonstrators. Sites of freeway occupations in California included Oakland and Berkeley (the Bay Bridge was blocked late on December 8), Sacramento , and Los Angeles -- places where downtown neighborhoods were disrupted by freeway projects in the 20th century. Among commentaries posted, one choice by Planetizen is " On the Symbolism of Highway Protests " featuring Alex Ihnen's NextSTL essay about freeways' ambiguous images as symbols of freedom for some but segregation for others. As of November 25 Ihnen wrote, "At last glance, protesters had closed portions of highways in Detroit, Atlanta, New York City, Cincinnati, Oakland, Nashville, Baltimore, Los Angeles, Washington D.C., and elsewhere." Notorious 'Jungle' encampment evicted in San Jose In early December, after a heavy rain, local authorities staged a full-scale eviction of the famous "Jungle" encampment along Coyote Creek in San Jose. The action followed a city services campaign that has gone on since spring to whittle down the camp's population by moving residents to subsidized housing. The L.A. Times reported "Nearly 150 had found housing, but over 50 had yet to find a place to live." Other news reports said 60 people had been offered city vouchers but couldn't find landlords who would take them. The camp had been a substantial village of some 200 to 300 people, said to be one of the largest unofficial encampments in the United States. Homes at the site reportedly included elaborate underground dwellings, as well as more ordinary tents and lean-tos. Residents had been accepting city help in clearing out trash but the site suffered from lack of sanitation and running water, and had a reputation for violence. Even so, the Mercury News reported some residents were in tears at having to leave without other housing prospects. Some told the paper they had to leave property behind. City policy calls for staff, when they remove campers' property, to preserve and store items of value to be claimed -- but there have been past disputes about how carefully the policy is followed. As CP&DR reported in May , the site was only one of many creekside encampments that provide low-quality housing in an area characterized by high rents, suburban environments, an economy divided between high and low wages, and scarce supplies of SRO-type housing. The practice of camping in creekbeds has intertwined the problems of housing shortage and waterway contamination. In response, some neighbors and officials have called for wholesale evictions of campers. Others have called for initial provision of sanitation facilities as a starting point, and, as a next goal, for plentiful housing away from the creekbed, even if at first such "housing" might take the form of organized camping. News reports on particulars of the eviction have appeared widely, in publications including the San Francisco Chronicle , Los Angeles Times , New York Times , Sacramento Bee , and even the UK's Daily Mail . The KQED public radio station's Michael Krasny hosted a "Forum" debate on the eviction that included an activist organizer and a "Jungle" resident as well as a news reporter, a service provider, and city homeless response team manager Ray Bramson. Listeners' comments responding to the KQED debate and to a news report of the conversation included an essay by Chris Herring, a UC-Berkeley grad student who has become a recognized authority on U.S. encampments. (He's the author of the paper, " The New Logics of Homeless Seclusion: A Comparative Study of Large-Scale Homeless Encampments in the Western U.S. ") Herring wrote that he expected the evicted people would only move to more obscure camp sites elsewhere along Coyote Creek, likely with worse consequences for the creek and for themselves. APA joins amicus for regulating signage by type Do free speech rights trump a city's ability to regulate signs placed in public? The American Planning Association has gotten nervous enough about the answer to join the National League of Cities, U.S. Conference of Mayors and other groups in filing a Supreme Court amicus brief in the case of Reed v. Town of Gilbert . The petitioners in Reed seek to overturn rules in the city of Gilbert, Arizona that regulate publicly placed signs according to their general purpose. In the underlying dispute, a pastor of a Christian church rented space at an elementary school and placed signs announcing services there. He was cited for violating a local sign code regarding the size, placement, and other physical characteristics of "temporary directional signs". The pastor and his church sued on free speech and equal protection grounds, arguing that signs inviting the public to his services were more heavily regulated than other types of signs, such as yard signs for political campaigns. The petitioners argue that the regulations are content-based and hence should be reviewed under a strict scrutiny standard. The city contends it acted properly to apply regulations to the signs based only on their generic purpose, and did not make a content-based decision, so that its actions may be reviewed as regulating only the "time, place and manner" of sign displays. The city has contended that "Petitioners wanted free, permanent, off-site billboards in Gilbert -- and were trying to misuse Gilbert's temporary directional sign regulation to fit that inapposite goal." Courts thus far have upheld the city's action. The APA writes that its brief supports the city, arguing that strict scrutiny of sign codes "has the potential to invalidate nearly all sign codes in the country." Review denied in Pasadena cases The State Supreme Court declined to review City of Pasadena v. Cohen , an August ruling by the Third Appellate district in one of California's many disputes over asset claims of former redevelopment agencies. Pasadena had challenged an effort by the Department of Finance to redistribute property tax funds that the city's post-redevelopment "successor agency" claimed it needed to pay down pension bonds and subsidized housing bonds. At the city's request, the trial court had granted an injunction sequestering the funds until a trial on the merits could be held.  The appellate opinion , by Justices M. Kathleen Butz, George Nicholson and Harry E. Hull, Jr., rejected the city's procedural choices. The appellate panel found the city mistakenly sought declaratory relief when it should have filed for a writ of mandate. They accordingly sent the matter back to the trial judge with instructions to either dismiss the proceeding or "construe it as one for traditional mandate and proceed accordingly." The state Supreme Court also denied review in City of Pasadena v. Superior Court (Mercury Casualty Co.) , the August ruling that paradoxically found a city-owned tree falling on a private home is "serving a public purpose" in doing so for the purpose of allowing the homeowner's insurance claim to go forward. The Second District's opinion was tartly written up in the National Law Review at the time. Ninth Circuit: no new ozone rules The Ninth Circuit turned down a petition in WildEarth Guardians v. McCarthy that sought to require the EPA to create new "Prevention of Significant Deterioration" rules for ozone pollution under the Clean Air Act. It based the rejection on ambiguity in the relevant statute, � 166(a) of the Clean Air Act (42 U.S.C. � 7476(a)), saying the law did not establish clearly enough that the duty to establish the standards was mandatory. San Francisco to combine city offices in new tower on SoMa site The San Francisco Board of Supervisors agreed to spend almost $327 million to purchase part of the former Goodwill charity's property at 11th and Market Streets and replace it with a 17-story city office building. The San Francisco Business Times , partly drawing on the Socketsite real estate blog , reported the cost was earlier quoted at $253 million. The reports said developer Related California originally bought the property from Goodwill for $65 million and also planned to develop up to 550 units of housing next to the office building. The site is currently a single-story warehouse-type complex used partly as a thrift store but largely to receive and sort donations. A downtown best-kept secret for years has been the "as-is" shop on 11th Street, where bargain-hunters dig through bins of newly donated items. The news reports say the city will sell its existing five-story office building at 30 Van Ness ( likely for housing ) to help finance the purchase, and will combine offices in the new building for Public Works, Building Inspection, Planning and Retirement and Health Services. Studies look toward more rail in northwestern San Francisco A study commissioned by San Francisco transportation officials predicts a rail extension would be popular if it ran from the end of the currently in-progress Central Subway project westward to Fisherman's Wharf. Michael Cabanatuan of the San Francisco Chronicle reports the study found an extension of the T-Third line to Fisherman's Wharf might increase ridership about 55 percent. Separately, the BART system's planning office announced it would begin a long-range study on a possible new train route that might travel through an additional tube under San Francisco Bay and into San Francisco's currently low-rise western neighborhoods. A drawing released with Streetsblog SF 's report shows the route crossing the Bay south of the current Transbay Tube, running from Alameda to Mission Bay. It's shown crossing Market Street northbound, heading west, then dividing, with one line going west to the cliffs of the Western Richmond District near the Fort Miley VA hospital, and the other heading southwest through the Sunset District outside the city's central ridge to rejoin the existing commuter line in Daly City. Streetsblog SF suggests the design may owe something to former BART board member James Fang's dream of "BART to the beach," an idea often dismissed in the past as not serving a dense enough population.

Attorney Robert May of the LA-based Telecom Law Firm writes in the San Francisco Daily Journal that a new order from the Federal Communications Commission (FCC) could limit local power to regulate cell phone towers. The October 17 FCC approval interprets Sec. 6409 (a) of the Middle Class Tax Relief and Job Creation Act of 2012 to allow the addition of new equipment within the areas of currently used wireless sites. He writes that new rules will "require local governments to do more, with less information, in a shorter time, or face harsher consequences." Among other rules, the order allows applicants to start construction if they receive no response to a qualifying permit application after 60 days, and allows them to file suit under "Shot Clock" rules when local governments delay responding to an application by "90 to 150 days depending on the application type." Telecom Law Firm has posted detailed analysis and commentary on the ruling at https://telecomlawfirm.com/sec6409/ . The FCC announcement is at http://www.fcc.gov/document/fcc-boosts-wireless-broadband-easing-infrastructure-burdens . A statement attributed to FCC Chairman Tom Wheeler says the order responds to the reduced size of recent cell phone technology "by crafting a more efficient process for small deployments and other installations that do no trigger concerns about environmental protection for historic preservation." The Ninth Circuit upheld a grant of summary judgment against the National Resources Defense Council and local environmental groups in late October, allowing a project to go continue linking the Ports of Los Angeles and Long Beach to the I-405 freeway. The case is NRDC v. USDOT , No. 12-56467 . The Coastal Commission has requested rehearing in the Bowman sisters' case, now formally known as SDS Famly Trust v. CA Coastal Commission . This is the October 2014 Pacific Legal Foundation (PLF) victory, reported at http://www.cp-dr.com/articles/node-3607 , in which the Second Appellate District reversed itself on rehearing. It allowed daughters who inherited a coastal property from their father to file a fresh application for a coastal development permit, removing the burden of a coastal access easement that had been imposed as a condition for granting a previously sought permit to their father. (The sisters' family trust is known as "SDS", hence the case name.) The PLF noted the review request indignantly on its blog and posted a copy of the request . The request challenges the court's decision to adopt a different version of the facts in October than it had related as part of its first decision in March. The request also challenges the court's October finding that the coastal easement was unfair because it had little to do with the work for which the coastal development permit was sought: renovations and rebuilding to a dilapidated farmstead a mile inland. The review request alleges the court made its more recent decision "based on facts that were different than those before the Commission and a legal theory undeveloped in the record below." It alleges the facts stated by the court "are not only directly contradicted by the record, but are also contrary to SDS's representations" to the Commission and the courts. It asks the court essentially to return to the March fact pattern (see http://www.cp-dr.com/articles/node-3452 ). That version says the current landowners' father did do some work on the property in anticipation of the first permit, thereby becoming bound by its terms. Further, the review request argues the Court had no right to exercise independent judgment about the fairness of the easement requirement. The Cambrian has local coverage . The U.S. District Court for the District of Columbia threw out HUD's disparate-impact rule under the Fair Housing Act as of November 3 in American Insurance Association v. HUD . (Opinion may be downloadable here .) As of October 3 the U.S. Supreme Court granted certiorari in the case of Texas Dept. of Housing v. Inclusive Communities , a Fifth Circuit appellate ruling on the distribution of affordable housing subsidies in Dallas. Forbes has a writeup of the Texas case . (Links to both via HAC News .) The State Supreme Court has denied review of an appellate ruling against Target Corporation in the recent case of Target Corp v. La Mirada Ave. Neighborhood Association . The LA Weekly reports the request for review concerned Target's request to resume construction of a store on Sunset Boulevard. As described by Curbed LA , the litigation had previously won an October order stopping construction of the store at Sunset and Western Avenue. It's another success for the La Mirada Avenue Neighborhood Association and its counsel, Robert Silverstein. They are profiled in the Weekly article , which includes a catalogue of their recent victories. The San Diego U-T reported that Superior Court Judge John Meyer upheld a $120 million infrastructure bond issue over a challenge brought by activist litigator Cory Briggs on behalf of San Diegans for Open Government. The paper said Meyer "essentially agreed" with Briggs that the bond issue was structured to avoid a public vote via "subterfuge", but that he ruled, "like it or not, it's legal." The League of California Cities noted a chance to comment to a State Supreme Court commission on the way California courts are run. The State Supreme court denied review of several appellate court orders in litigation between the Taxicab Paratransit Association of California and Internet-dispatched transit companies Uber, Lyft and Sidecar. Per the San Francisco Business Times , the taxi association has been suing since last year over the Public Utilities Commission's decision to legalize the "ride sharing" companies. See Supreme Court case numbers S218427, S220982, S218564 and Third Appellate District Case No. C076432, all at http://appellatecases.courtinfo.ca.gov/search.cfm?dist=0 . A writeup by the Nossaman firm discusses U.S.A. v. 1.41 Acres of Land (N.D. Cal. Nov. 10, 2014). This ruling by California's Northern District federal court held the General Services Administration (GSA) could use an eminent domain action to increase the profitability of a sale of federal land, but only under specific disposal statutes, not the general authority of the GSA. The court refused to strike a defense noting that the property already had an access easement, hence didn't need the added land. The GSA had attempted to take a part of McKay Avenue in the town of Alameda, which belonged to the East Bay Regional Park District and adjoined the Crown Beach public park. The parcel to be augmented was vacant waterfront land next to the Alameda Federal Center, being sold to a private developer for $3.075 million. The decision text, placed online by the Nossaman firm, said that after the developer outbid the park district for the property, the city of Alameda zoned the property open-space only. The case goes to trial next October. The Supreme Court refused a depublication request made by Caltrans, the High-Speed Rail Authority, and other parties in Town of Atherton v. High-Speed Rail Authority, which upheld the programmatic EIR's analysis of a route through Pacheco Pass en route to the Peninsula. The underlying decision , issued in July by the Third Appellate District, is discussed in detail at http://www.cp-dr.com/articles/node-3540 . In Squires v. City of Eureka , landlords filed suit accusing Eureka city officials of singling them out for harassing code enforcement efforts; the city and individual defendants responded successfully with SLAPP suit motions for dismissal. The First District Court of Appeal upheld the trial court's dismissal in October and published its own decision November 14. The decision is at http://www.courts.ca.gov/opinions/documents/A138768.PDF . The California Supreme Court denied review November 12 for an unpublished August decision in Harper v. Canyon Hills Community Association , by the Fourth District Court of Appeal. The ruling held that an aggrieved homeowner in a subdivision had no right to sue her neighbors for an encroaching contruction project based on their alleged violation of conditions, covenants and restrictions of the subdivision homeowners' association.  However, the appellate court upheld her claim against the homeowners' association for approving her neighbors' project, overturning a trial-level ruling that she bore the burden of showing the association's board did not act in good faith. The Fourth District ruling is at http://www.courts.ca.gov/opinions/nonpub/G048445.PDF . The State Supreme Court refused a depublication request in Olive Lane Industrial Park, LLC v. County of San Diego . For prior brief coverage on this Fourth District case upholding a belated transfer of a Proposition 13 reassessment exclusion, see http://www.cp-dr.com/articles/node-3534 . In the case of Union Pacific Railroad v. Santa Fe Pacific Pipelines , the Second Appellate District ordered recalculation of rent rates in litigation pending since 1994 over the rent due from Santa Fe Pacific Pipelines and Kinder Morgan to the Union Pacific Railroad for use of easements allowing a pipeline along a railroad right of way established in the 19th century. The lengthy opinion includes extensive long-range historical discussion of Western railroads and pipelines and of the pipeline agreement in question. The Porterville Recorder reports former councilman Greg Shelton is claiming vindication from a recent opinion by state Attorney General Kamala Harris on purchases of former redevelopment property. The paper said Shelton purchased property in the local redevelopment zone in 2012, and that Shelton was saying the AG's opinion supported his purchase as legitimate because it was for a residence and not for speculative purposes. It reported the opinion followed from a query raised in 2012 by Assemblymember Connie Conway, R-Tulare. The opinion, at http://oag.ca.gov/system/files/opinions/pdfs/12-1204.pdf , provides that conflict-of-interest laws written for redevelopment agencies are still in effect with respect to members of the governing bodies of successor agencies. It says such provisions in general prohibit acquisition of real property by a member of such a governing body, and resignation from the body would not cure a violation of law committed through an improper acquisition. However, it includes among exemptions a mention of Health and Safety Code Sec. 33130.5 allowing purchase or lease of a project area property for "personal residential use" but "only after any needed property improvements have been completed, or when no improvements are needed." A Superior Court judge in San Jose allowed a contractor to go forward with construction on an aviation terminal primarily serving planes of Google executives. (CP&DR reported on a prior phase of San Jose airport litigation at http://www.cp-dr.com/articles/node-3526 .) Meanwhile Google signed a contract to lease Moffett Field, including the historic Hangar One, from NASA. See http://www.cnbc.com/id/102172594 . Developer-side law blogger Art Coon noted the case of Paulek v. CA Dept of Water Resources , a Fourth District Court of Appeal ruling issued October 31 . The case upheld a local activist's standing to bring a CEQA challenge the Perris Dam Remediation Project in Riverside County but rejected the challenge itself. The Department of Water Resources had argued that when appellant Albert Paulek spoke at a public hearing on the project, asking whether the project would achieve what it set out to do, he was raising questions but not making objections, and hence lacked standing to pursue them later. The court said Paulek raised objections sufficiently to qualify to bring a petition. However, the court rejected the challenge itself, which alleged that DWR, by removing plans to include an emergency outlet extension in the dam repair project would leave a flooding hazard unmitigated. It held the decision not to include the extension in the project was not improper segmentation. Further, the court held DWR's responses to comments were adequate, including on a question Paulek raised about cumulative impacts to habitat for the Stephens' kangaroo rat.

San Diego Climate Plan Ruling Ordered Published On November 24, the Fourth Appellate District's Division 1 issued a publication order for its October ruling rejecting San Diego's climate plan. That same day the same division issued its major decision rejecting the EIR for the San Diego Association of Governments' regional transportation plan. The effect was to give value as precedent to two cases that impose stricter greenhouse gas reduction standards on local and regional planners. Kruger Nominated To Fill State Supreme Court Vacancy Governor Jerry Brown has nominated Leondra Kruger, a senior Justice Department lawyer noted as a rising star, to fill the vacancy on the California Supreme Court created by the retirement of Justice Joyce Kennard. Kruger has argued a dozen cases before the U.S. Supreme Court, most prominently in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC , a 2012 case on the interaction of a religious employer's prerogatives with an employee's disability rights. Kruger has seldom taken positions on land use issues as an attorney, but as a Harvard undergraduate she had a front-row seat for the demise of Massachusetts rent control per a November 1994 statewide vote and she clerked for U.S. Supreme Court Justice John Paul Stevens , a former city attorney who often sided with government agencies on land use and property rights issues. Originally from Pasadena, she was editor of the Yale Law Journal, clerked for D.C. Circuit Judge David S. Tatel as well as Stevens, served briefly as a visiting professor at the University of Chicago, and worked with the firms of Jenner & Block and Wilmer, Cutler, Pickering, Hale & Dorr before joining the Justice Department. Migratory Bird Survey Removed From San Jose General Plan Agenda San Jose came close to approving a general plan amendment that would have required surveys of birds during the mid-year nesting season before any trees could be removed or disturbed. But the San Jose Mercury News reports the item was removed from a November 18 council agenda by "a last-minute decision." Planner Whitney Berry told the paper the plan was worked out with environmental, development/construction and Fish and Wildlife representatives in hopes of streamlining CEQA review. The paper says developers "expressed concerns" that it would slow development -- and then on November 14, current mayor Chuck Reed, mayor-elect Sam Liccardo, and Councilwoman Rose Herrera prepared a critical memo on the proposal, saying it amounted to "precluding construction for seven months of the year." The amendment was expected to resurface in revised form in 2015. It's Still Not Over In El Dorado County This November, El Dorado County voters defeated three slow-growth measures and the Placerville Roundabout Menace . The roundabout may have been knocked flat -- but there are more slow-growth initiatives where the last three came from. The Sacramento Bee reports the Board of Supervisors had held back two measures for further study, but has now agreed to place them on the June 2016 ballot. Both measures are directed against new subdivisions. One would prohibit subdivisions that lack sufficient access to water supplies. The other would protect views and areas near farmland. Long Beach Preparing For Freeway Removal Project The Long Beach City Council is expected to approve a contract December 2 with the Mel�ndrez firm of Los Angeles for planning and conceptual design services on the Terminal Island Freeway Transition Plan. The Longbeachize blog says it's a big step in moving forward on plans to remove a large section of the Terminal Island freeway, with accompanying plans to approve quality of life in the "park poor" area of West Long Beach. (Item via Streetsblog LA .) Does Mayor Of Benicia Have To Stop Commenting on Oil Trains? Should a mayor have to stop talking about a public issue for fear of showing bias on the subject? The question has come up in Benicia, where the Valero Refining Co. has proposed to bring crude oil by train to its refinery in the city. The Sacramento Bee reports Mayor Elizabeth Patterson of Benicia has disclosed that when she frequently commented on safety issues involving oil trains, the city attorney "advised her to stop talking about the oil trains and sending out mass emails containing articles and other information, and to recuse herself from voting when it came before the council". Patterson's comments on oil train safety have included "E-Alert" messages. In a recent email, she wrote regarding these messages: "What I do is repost national, regional and local stories about rail safety. My job is to affirm public, health, safety and welfare and to keep my constituents informed about these issues. No opinion is expressed." Her other public comments have included an op-ed in the San Francisco Chronicle last March calling on Governor Jerry Brown to issue an executive order on safety in the transport of petroleum products. The Council agreed on November 18 to waive its attorney-client privilege and release an opinion issued last summer that was the apparent source of the advice: it came from a city-retained outside attorney, Michael Jenkins of Jenkins & Hogin . A community Web site opposed to the oil trains, the Benicia Independent , has posted a copy of Jenkins' opinion . Jenkins wrote in part, "This is a close case. The evidence I have reviewed can be interpreted to suggest a probability of bias on the part of the Mayor." At issue is the prospect that Patterson would take on a quasi-judicial role in helping to adjudicate Valero's permit application for the oil train project, in which case the company would have a due process right to a hearing before a disinterested authority. In a more recent post on the Benicia Independent site, Patterson protested that Jenkins had reviewed her "E-Alert" statements selectively and that her own attorney had advised her differently. Benicia Approves Housing Element Update In separate November 18 City Council action, the city of Benicia voted to revise its housing element and to adopt an ordinance for transitional housing supportive housing and "emergency shelters", amid concern from Council member Marilyn Bardet that hazardous industrial materials might exist in the Arsenal historic district, which was identified as a site for transitional housing and shelters. For details see the Benicia Herald and the Council's November 18 agenda .

A new report released by the Public Policy Institute of California shows that California's housing market continues to recover from its low at the beginning of 2012. Median home values in the most populous counties have increased by 39 percent since 2012, though they remain 20 percent lower than they were at the market's peak in 2006-2007. The report also shows that the housing recovery has caused a problem for some less affluent residents, as "increasing prices place housing out of reach for many Californians." It finds that homeownership rates in California have fallen more sharply than the rest of the nation, with California falling to 53.8 percent as compared with a 64.7 percent nationwide. Another report  released by NYU's Furman Center describes the percentage changes in rental populations in major US cities from 2006 to 2013. Los Angeles and San Francisco rank among nine cities where more than 50% of the population rents, as of 2013. San Francisco scored in the top five increasing rental populations, with 22% more San Franciscans renting since 2006; Los Angeles' rental population increased by 11%. Richmond-San Rafael Bridge closer to getting new lane, bike path The Richmond-San Rafael Bridge near the northern end of the San Francisco Bay  is one step closer  to getting an extra lane of traffic and a new, separated bike path following an approval of $4.65 million for the project by a committee of the Bay Area Toll Authority. Though no structural work will be necessary on the bridge, officials say that some components on the ground will need to be adjusted on the 5.5-mile bridge to accommodate the new lanes, and they will need to reconstruct an approach on the east side of the bike path to protect bikers from traffic. The Bay Area Toll Authority hopes that the extensions will alleviate the increasing congestion on the bridge. The vote now goes to the full board of BATA for a vote on Feb. 25. Construction will not begin until 2017. SF Proposes Development Curbs in Mission District A San Francisco supervisor  is attempting to limit, or impose a full a moratorium on , the development of market-rate development in the Mission District, one of the most rapidly gentrifying neighborhoods in San Francisco. Supervisor David Campos said that he is responding to a community outcry in the district for more affordable housing.  "There has been a cry from the community for the last couple years that there is a housing crisis and the projects that are in the pipeline are not responding like it is a crisis," Campos told the San Francisco Business Journal.  He will likely propose legislation in the next few weeks that could attempt to either a moratorium on market-rate housing or create a special-use district near the 24 th  street BART.  So far, about 500 housing units in the district  have been approved for upcoming development  by the Planning Department, but only 34 affordable units have been generated. Prop. K, due on the ballot in November, will attempt to make one-third of all units in the city affordable. Property Owners Vote to Support Sacramento Streetcar Two-thirds of property owners near Sacramento's proposed new streetcar line  voted in favor  of providing funds to help finance the $150 million project. Project advocates said that the mail-in vote - while only advisory in nature- showed that local businesses are on board with the benefits that the trolley line would bring in creating a more vibrant downtown, boosting property values, and serving as a connector between historic and commercial locations. The Federal Transit Administration is also considering funding the 3.3-mile project this year with $75 million in requested money, covering half the project's cost. In May, a an advisory ballot measure will go before 3,800 voters who live within three blocks of the project. Chargers, Raiders Propose Shared Stadium in Carson The San Diego Chargers and Oakland Raiders recently  made a surprise proposal  to build a shared stadium in a city near Los Angeles. The teams announced that they will continue to pursue options for stadium deals in their current cities, but that they will jointly pursue the $1.7 billion stadium in Carson as an alternative. Both the Chargers and the Raiders are on year-to-year leases with their current stadiums, and both teams have shown restlessness with city reluctance to fund new stadiums with taxpayer dollars. The teams stated that they plan to launch a petition drive immediately to put the stadium to a vote of city residents. Gold Line Authority Pushes for Extension to Montclair The Metro Gold Line Foothill Extension Construction Authority, which is constructing Phase II of the Gold Line light rail in eastern Los Angeles County, has asked for funding for the next phase, from Azusa to Montclair. It would be the first light rail line to reach into San Bernardino County -  have asked for a transfer  of $33 million in sales taxes for the 12.3 mile extension. The money would come from leftover construction funds from an 11.5-mile extension from East Pasadena to the Azusa city limits, which will be completed in September. The authority says that it has already completed its Environmental Impact Report and hopes that it can get the funding to be ready for operation by 2023. Proponents say that the $1.18 billion project should undoubtedly be a priority for the Los Angeles Metropolitan Transit Authority, but with several other public transportation projects fighting for money, it could be difficult to get the needed funds. "I would say there is no question our project (Azusa-to-Montclair Gold Line) should be a priority. But this is a political game," Doug Tessitor from the Construction Authority Board told the San Gabriel Valley Tribune.

To address the state's intensifying homelessness crisis, state senators proposed a $2 billion bill to help provide up to 14,000 units of permanent housing for the state's mentally ill homeless population. California has roughly 116,000 homeless people. The monies, to be raised as bonds, would be repaid over 20 to 30 years with money from the tax for mental health services approved in 2004 (Proposition 63). Backers of the bill say they hope that state funds will encourage local governments to address their respective homelessness problems. The Senate President Pro Tem Kevin de Le'n also proposed $200 million from the state's general fund to assist with rent subsidies until the new housing projects are completed. A spokeswoman for Gov. Jerry Brown said, "the administration is supportive of efforts to empower local governments to tackle homelessness, poverty, and mental health issues in our communities and we will take a close look at the proposals in this package." Los Angeles Mayor Eric Garcetti said that he embraces more state funding, while others criticized the proposal for not allowing local leaders to make financial decisions. Group Files Pair of Suits Against Warriors' Arena A citizens group called the Mission Bay Alliance recently filed suit to halt the development of The Golden State Warriors proposed $1 billion arena in San Francisco's Mission Bay. The arena was recently approved unanimously by the Board of Supervisors.  Parents fear that game time traffic to the Warriors arena, located 1,000 feet from UCSF Children's Hospital, could block life-saving care. The lawsuit argues that the plan violates California Environmental Quality Act for failing to consider other locations and for causing significant, air quality, noise, and traffic impacts. It also claims that the area plan violates a 1998 redevelopment plan, which, they say, does not include a sports arena. A separate suit filed by the group argues that UCSF Chancellor Sam Hawgood signed memorandum supporting the project without authorization from the UC Board of Regents. Sacramento Considers Rails-to-Trails Greenway            Sacramento officials are advancing a proposal for a defunct railroad right of way in the southwestern part of the city to be converted into a 4.5-mile long paved trail for bikes and pedestrians. Dubbed the Del Rio Trail, the project is currently in the planning stages and estimated to cost $17 million; the city recently received a $2.2 million grant from the Sacramento Area Council of Governments for environmental studies and other preliminary work. Supporters hope it will not only provide recreational space but also become an alternative route for commuters heading into downtown Sacramento. Residents surrounding the right of way, unused since 1978, have expressed support for the proposal, although a few cite concerns about increase in visitors to the area. However, California Department of Parks and Recreation envisions an extension of the Old Sacramento tourist train from downtown Sacramento to the Zoo. There are currently various options and ideas being discussed, and the City will begin community and stakeholder meetings this year. Los Angeles Drafts Regional Strategy to Combat Homelessness The City of Los Angeles released a draft Homelessness Strategy Report, which backers say lays the foundation for a regional approach to addressing the chronic issue. The report calls for expanded staffing, services, rental subsidies, and permanent housing for the city's homeless residents. Its recommendations will guide the Mayor Eric Garcetti's and city council's short- and long-term homelessness policy decisions. The report also identifies potential funding streams and begins to estimate initial costs that will help inform the mayor's proposed 2016/2017 budget. The draft, which is designed to complement a strategy being issued by the Los Angeles County Board of Supervisors, will be heard by the Homelessness and Poverty Committee on January 13, with a follow-up meeting later in the month. It is expected to be considered by the full City Council in February. Garcetti said in a statement that his three top priorities center on "scaling up the Coordinated Entry System; preventing people at-risk for homelessness from landing on the streets; and balancing health and safety concerns with the rights and needs of people who are living in unacceptable conditions." Gas Leak Prompts Proposal to Halt Annexations  Los Angeles city officials are considering placing a moratorium on annexations near Porter Ranch. Since October of last year a gas leak from Southern California Gas Company in Porter Ranch has caused residents to become sick and nauseous while releasing a torrent of greenhouse gases. The SoCal Gas has placed 2,258 people in temporary housing with an additional 3,168 in the placement process. The process has been slow and Los Angeles City Attorney Mike Feuer went to court to force SoCal Gas to speed up the relocation process. In response to the crisis, County Supervisor Michael Antonovich asked County Local Agency Formation Commission Director Novak for a temporary ban on annexing unincorporated county areas into the city if they surround Porter Ranch and Chatsworth. At least one project, 188-home development, is currently planned in the area.  LAFCO will consider the moratorium Jan. 13. San Jose Backs Off of Affordable Housing Fee San Jose has approved a fee on new residential projects to support affordable housing and recently discussed a similar fees on commercial developments. The city council voted 7-4 to postpone a nexus study necessary to the implementation of a fee on commercial developments. Citing his desire to support jobs and businesses, San Jose Mayor Sam Liccardo voted against the study, telling the Silicon Valley Business Journal, "We're the only major city in the United States with a smaller daytime population than nighttime population." The city has a ratio of 0.84 jobs to employed residents, the lowest of any major city in the U.S. One supporter of the fee stated the vote was not on approving the fee on commercial development but only allowing the study to begin. Originally the motion would require the city to achieve a 1-to-1 ratio of jobs to employed residents before implementing the study. This language has been removed, which gives hope to Zwick and other housing advocates that in a few years this proposal will be discussed again. Three NFL Teams Officially Seek Move to L.A. Three National Football League teams have, after years of discussion and speculation, officially filed requests to move to the Los Angeles area. The Oakland Raiders have proposed a move to Carson while the San Diego Chargers and St. Louis Rams submitted papers asking for approval to move to Inglewood, where they would share a stadium. The applications will be reviewed by an NFL committee in New York before a presentation at an owners meeting in Houston. To move a team at least 24 of the 32 owners in the league must approve. CTC Awards $96 Million for Rail Projects Of this sum, the California Transportation Commission announced that it will allocate $96 million to three main rail projects. The first, with $53.4 million will lower Fullerton Road Grade Separation Project, a $145.2 million project in the City of Industry that is in its final engineering and design stages. The second project with $42.2 million will purchase eight new zero-emission light-rail trains for San Francisco Municipal Transportation Agency. The last rail project is $1.7 million to the Los Angeles-San Diego-San Luis Obispo Rail Corridor Agency for a yearlong demonstration program for the Pacific Surfliner to connect with current transit service providers. The CTC has allocated an additional $1 million to the Capitol Corridor Joint Powers Authority for maintenance on its rail lines between Auburn and San Jose. These investments will improve aging infrastructure, alleviate traffic delays and promote biking, walking and public transportation.    Pershing Square Competition Names Finalists In Los Angeles an international design competition to pick the "redesign" of downtown's Pershing Square, long considered one of the worst public spaces in the United States, is down to four finalists. Sponsored by the nonprofit Pershing Square Renew, the competition began with hundreds of architects and designers. The jury, consisting of city officials, development experts, neighborhood stakeholders and the public, voted end of last year. The finalists, chosen from a short list of 10 teams, are SWA with Morphosis, James Corner Field Operations with Frederick Fisher & Partners, Agence TER with SALT Landscape Architects, and wHY with Civitas. Entrants were charged with redesigning the square to make it more friendly to pedestrians and to integrate it better with the surrounding high-density neighborhood. The winner will be announced in March. There is not yet a timeline or budget for build-out. Tribe Proposes Major Casino in Sacramento County In Sacramento County the Wilton Rancheria tribe has submitted documents to the Bureau of Indian Affairs for an environmental review for a 282-acre casino and hotel resort along Highway 99. The 700-person tribe proposes a development with 2,000 slot machines, 84 table games, and a 12-story, 302-room hotel. The tribe has six other proposals including a shopping center, if the gambling development does not get approved. A public hearing will be held January 29th in Galt.  However tribal chairman Raymond C. Hitchcock said the project will take many years to begin because of the many approvals with agencies, Sacramento County, the City of Galt, and an agreement with Gov. Brown. Coastal Commission Withdraws from Landfill Discussion In North San Diego County, a debate over the proposed Gregory Canyon Landfill is approaching an unexpected resolution . Though the site is 20 miles inland, the California Coastal Commission became involved in discussions because of a concern with contaminants flowing into the San Luis Rey River, wildlife, water supply and fish. Last month, the Commission withdrew its application in the debate and said "its initial concerns about the effects the proposed trash dump might have on the coast have been eased". The withdrawal is a victory for developers because of less permits required. However native tribes, city of Oceanside, and environmental groups are disappointed in the decision of the Commission.  Anti-Development Referendum Struck Down in Yuba County In Yuba County a petition  for a referendum to overturn approval of the Magnolia Ranch residential and commercial development has been rejected by the county clerk because of a lack of legally sufficient attachments made available to petition signers. The petition claims that Magnolia Ranch would use valuable agricultural land and harm their farming businesses. The referendum supporters received 3,344 signatures and a minimum of 1,242 are needed to rescind approval or call an election. The developers, CEM Investments, filed a formal complaint that the referendum supporters did not attach specific plan and project maps. The county counsel and county clerk agreed. Referendum leader Ernie Ehnisz said Hansen made a rushed decision and that opponents will go to Yuba County Superior Court. HSR Authority Names Contractor for Third Phase California High-Speed Rail Authority named Spanish construction company Ferrovial the winning bidder to construct 22 miles of the California High-Speed Rail. Ferrovial was the lowest bidder, costing $348 million for the job compared to the other three teams with bids between $377 and $582 million. The authority estimated bids for the contract would fall between $400-$500 million. This stretch would be the third section the High-Speed Rail Authority has contracted since 2013, and will begin north of the Tulare-Kings county line and continue south to Shafter.

The San Francisco Planning Commission approved unanimously a fifteen-month period of controls on new developments in the Mission District. These new controls will require developers to provide information on how the projects will affect the neighborhoods economic diversity. Developers excused from the new regulations are those with 25 or more units or at least one-third of apartments reserved for low-income residents. Housing projects with more than 75 units must provide additional projections of the affect to the residents, businesses and community. The neighborhood activists pushed for a full moratorium on new developments to keep the affordability in the Mission. Coastal Commissioners to Consider Ouster of Lester Members of the California Coastal Commission are considering ousting the commission's highest ranking staff member, Executive Director Charles Lester. His future will be an agenda item on the commission's February meeting, according to a recent notice. Capitol Weekly reports that pro-development forces are seeking Lester's ouster, while he generally has support from environmental advocates. The same report indicates that commissioners who support Lester's ouster are appointees of Gov. Jerry Brown. LAFCO Sues City of Gilroy The City of Gilroy is facing an unusual lawsuit by the Santa Clara County Local Agency Formation Commission for illegally annexing 721 acres of farmland to build a new 4000-unit development. LAFCO says Gilroy violated CEQA and did not consider water and other impacts, and is not developing land within its city boundaries. The city council is currently divided on the development of the project. Mayor Perry Woodward hopes the city and LAFCO will come to a compromise. "We've been saying all along that this will take 10 to 15 years," Woodward told the Gilroy Dispatch. "This isn't a short-range project. We will have a discussion with LAFCO and if we can find a middle ground, then we will move forward." L.A. City Council Formalizes Oversight of Olympic Bid Finances The LA 2024 Committee, the group that is backing Los Angeles' Olympic bid, has signed off on a memorandum of understanding that gives the Los Angeles City Council oversight over the bid's financial projections. Los Angeles City Council must sign off on the bid because of the possibility for financial risk to the city. The International Olympic Committee typically requires host cities to pledge financial guarantees. President of the Council Herb Wesson told LA Times, "We don't believe anything this big should occur without us being equal partners." The agreement enables the council to hire an accounting firm or other expert to examine revenue and cost projections. The major expenditure in Los Angeles hosting the Olympics is constructing the village, housing 17,000 athletes, coaches, and other support staff. Coastal Commission Advances Controversial Sea Wall Fee City of Solano Beach is discussing how best to protect the environment and recreational uses of a beach while still protecting homeowners on beach cliffs at risk of erosion. The California Coastal Commission has asked citizens living on the coast to pay a mitigation fee to for the amenity of a sandy beach, which is protected by the sea wall permits. The fee will then be issued statewide. The Solano Beach proposal is a fee of $870 per linear foot of sea wall and will increase up to $1,311 in 2026. Most sea walls in the city are 50 feet long, and homeowners have expressed concerns that the fees are too steep as by building these walls they are protecting beachgoers from collapse and landslides. According to a report in the L.A. Times, environmental groups feel it is "pointless to build sea walls because eventually the ocean will destroy them and the bluffs will collapse." S.F. Lawmakers Propose Competing Housing Measures Following the passage of several measures related to affordable housing in November, San Francisco Mayor Ed Lee and Supervisor Jane Kim have each proposed to put competing measures to promote affordable housing on the June ballot. Kim's measure would increase the minimum percentage of below-market-rate units in a development to at least 25%. Lee's proposal leaves that percentage up to the city controller and Planning Department. Supervisor Scott Wiener has also proposed an initiative in which conditional use permits would be excused for developments that are 100 percent affordable housing. The deadline for measures on the ballot passed last week; however, initiatives can be negotiated or pulled out. Burbank Enters into Contract to Plan High Speed Rail Hub The City of Burbank has entered into an agreement with the California High-Speed Rail Authority to spend $1.2 million to plan for a transportation hub adjacent to Bob Hope Airport. The rail authority announced it would provide $800,000 while City of Burbank will contribute $400,000, mostly from a Los Angeles County Metropolitan Transit Authority grant. The project will take almost two years but will involve community outreach and designs. Other cities in California have reached similar agreements with the rail authority: Merced, Fresno, Bakersfield, Gilroy and Palmdale. Borrego Springs Faces Dwindling Water Supply Results from a six-year groundwater study completed by the U.S. Geological Survey suggest that the inland San Diego County community of Borrego Springs may be in peril. Its only source of water, groundwater, is being depleted four times faster than it is replenished. The town of 3,500 people includes golf courses, and farms uses, which collectively use 20,000 acre-feet. Only 5,600 acre-feet sinks into the aquifers from rainfall and other sources. The study also showed that citrus farms (43%), palm tree farms and ornamental shrubbery nurseries use 70% of the water, while 20% goes to recreational reasons such as the golf courses, and 10% to residential. The town has constructed a group called Borrego Water Coalition to discuss and plan for its future. Sacramento Imposes Restrictions on Short-Term Rentals The Sacramento City Council unanimously approved two ordinances to regulate the use of short-term rental services such as Airbnb. Airbnb hosts must now obtain a business operations permit, and pay the transient occupancy tax of 12% of the room charge. The hosts must now notify neighbors within 200 feet that a permit has been issued, keep a register of all guests, have a six guest limit, rent less than 90 days annually if not primary residence, and host no weddings, fundraisers or other events. The ordinance is the strictest yet imposed among major California cities. Shirey to Step Down as Sacramento City Manager Sacramento City Manager John Shirey has announced he is leaving his position November 2016. He has served in Sacramento since 2011 and is credited with much of the revitalization of downtown Sacramento and Golden 1 Center. While Councilman Jay Schenirer says Shirey's greatest accomplishment was getting Sacramento on solid financial footing, in 2014 the city had a surplus for the first time in seven years. Shirey joined the city after a tenure as executive director of the California Redevelopment Association, which disbanded following the dissolution of redevelopment in 2011.

San Francisco Mayor Ed Lee introduced a five-pronged plan to build and rehabilitate 10,000 affordable housing units in the city by 2020. Significantly, construction will begin in November to allow nonprofit developers to take over federally funded public housing projects in exchange for upgrading them, hopefully repairing 1,400 units by 2017 and another 2,060 by 2018. In the wake of the removal of 5,470 apartments from protected status through evictions from 2004 to 2014, Lee's plan looks to pass legislation to give the city first right to buy the property if it goes on the market and to ensure that when new housing units go on the market, residents of that neighborhood have priority to rent or buy them. Though it strongly advocates for increasing affordable housing, Lee has clashed with sects of progressive housing advocates in opposing Proposition F, which would curtail the use of short-term rental sites like Airbnb, and Proposition I, which would halt construction of market-rate developments in the Mission for two years. While backers say that market-rate housing contributes to soaring prices, Lee says that the moratorium is counterproductive because market-rate developer help finance construction of affordable housing. Air District Votes for Stricter Controls on Urban Oil Fields Following a multitude of health and quality of life complaints over the past several years by residents neighboring oil and gas fields, the South Coast Air Quality Management District board in an 11-2 vote approved new rules requiring urban oil fields to control odors and more adequately respond to complaints from nearby residents. Applicable to as many as 240 facilities operating more than 4,000 onshore oil and gas wells, the regulations will require operators to adopt new odor control measures and post signs with instructions on how to report odor complaints. They will also force facilities within 1,500 feet of homes, schools and healthcare facilities to submit reports on the cause of any confirmed release of odors, oil mist, or droplets. Operators of facilities within 100 meters of homes will have to conduct daily inspections of well equipment in a compromise to industry groups that lowered the distance from the originally proposed 1,500 feet for daily inspections. More than 32,000 people in the Los Angeles basin reside within 100 meters of active or or gas wells, and about 1.7 million live within a mile of those wells. L.A. Olympic Bid May Jump-Start Transit Projects The Los Angeles Metropolitan Transportation Authority is trying to use Los Angeles' bid to host the 2024 Summer Olympics to fast-track two of its most anticipated rail projects. Metro sent a letter to the Federal Transit Administration asking to join a pilot program that would allow it to follow an "extremely aggressive" schedule to finish the $2.3-billion Purple Line subway extension and the $330 million LAX train station by 2024. The Purple Line - currently planned to be expanded in phases to Mid-Wilshire in 2024, to Century City in 2025, and to the Department of Veterans' Affairs campus in West L.A. in 2036 - would be crucial to the success of the Olympics, carrying thousands of international visitors to UCLA's campus to see events, Metro Chief Executive Phillip Washington wrote in the letter. Washington proposed accelerating the plan with concurrent construction on all three phases, hopefully funding the third phase through a $1 billion federal grant and $525 million in local taxpayer revenue, the letter said. They also hope to expedite the LAX "people mover," which will connect the airport with a consolidated car-rental facility, a ground transportation hub and a station on the Crenshaw line, from a 2028 schedule. FBI Targets Palm Springs Mayor's Ties to Developer The FBI raided Palm Springs' City Hall in response to allegations that Mayor Steve Pougnet illegally worked as a consultant for a developer when he voted to sell city property to the same developer. The raid comes as the city's downtown - developmentally stagnant for decades - has been booming with construction of new hotels and restaurants due to city incentives of hundreds of millions of dollars. However, the alleged involvement of the mayor with developer Richard Meaney, which the mayor called a mistake, has led some to say that developers have become too powerful in the desert city.  "People like to come here because it's an escape from the city, but this council is putting, basically, a miniature Century City in the heart of town," Frank Tysen, who owns a downtown boutique hotel, told the L.A. Times. Baylands Project Seeks Input from Would-Be Neighbors Residents in the tiny, 2,000-home city of Brisbane are being surveyed for their opinion on the proposed Baylands project, a huge mixed-use development that would add as many as 4,434 homes, condos and apartments along with 7.5 million square feet of commercial space on 684 acres of abandoned rail yards and bay fill. Center to the survey is how residents feel the surge of growth would alter the way of life in one of the Bay Area's smallest communities, with the survey asking voters to decide whether "I worry that too much is changing too fast in Brisbane and we're losing our small-town character," or "I feel we're maintaining Brisbane's small-town character even as we change and grow as a community." An alternate proposal put together by a citizens groups calls for a similar amount of commercial space, but no housing at all, raising red flags to housing advocates.  Study Questions Link between Food Deserts and  Obesity A study from Santa Monica-based RAND Corp. says that there is little evidence that eliminating food deserts - areas and neighborhoods that are devoid of fresh, healthy food - would improve people's health. Rather, the study said that causes of the obesity epidemic in low-income neighborhoods are more complex and include cost of food, cultural preferences, and marketing, and that simply putting a supermarket in a low-income neighborhood likely won't solve any problems. Specifically, the study found virtually no link between the type of food and drinks that Los Angeles County adults consume and the proximity of fast-food outlets, grocery stores and convenience stores to their homes. However, Dr. Paul Simon, director of the Division of Chronic Disease and Injury Prevention at the Los Angeles County Department of Public Health, said that while government regulations intended to improve public health tended to be too simplistic, the food environment is still one of many important factors in the obesity epidemic. Cost of Transbay Terminal Development Rises San Francisco's new Transbay Transit Center, whose price tag for construction jumped from $247 million to $2.1 billion two months ago, will cost an additional $244 million to complete its first phase, according to new estimates from consultant T.Y. Lin International. The project's first phase will set up a bus terminal with room for a railroad in the basement and a park on top, and the Metropolitan Transportation Commission has repeatedly helped the Transbay Joint Powers Authority balance its budget as the costs have soared. According to the report, much of the reason for the increase in costs is the booming economy pushing construction costs higher, along with a pattern of inaccurate estimates on contracts and overly optimistic assumptions. Study Identifies Southern California's Worst Air Residents in an Ontario neighborhood near the 60 Freeway are breathing in the dirtiest air in California, according to new measurements of lung-damaging soot by the South Coast Air Quality Management District as mandated by the Environmental Protection Agency. The average concentration of fine-particle pollution about 30 feet from the freeway was 18.7 micrograms per cubic meter from January to March, compared with federal health standards limiting concentrations to 12 micrograms. "It's not just people living along the 60 Freeway - anyone close to that many diesel trucks is going to be breathing the same heavy pollution," Penny Newman, who heads the Riverside County-based Center for Community Action and Environmental Justice, told the Los Angeles Times. Last year, the EPA instituted new requirements that 100 big cities place pollution monitors next to major roads. Air quality officials used to place monitors at a distance from traffic and other big pollution sources. S.F. Sup. Weiner Devises Plan for Subway Construction San Francisco Supervisor Scott Wiener laid out a plan to increase and maintain subway infrastructure citywide through his "Subway Master Plan," which will task San Francisco with "always" having a subway under construction. Seeking to accommodate a potential population boom of over 2 million people in the next 30 years, Wiener's plan would bring Muni subways to the southern and western sections of San Francisco and construct a second BART transbay tube to connect the East Bay with San Francisco and to alleviate traffic as the Bay Area grows. The master plan, which Wiener plans to introduce via an ordinance to the Board of Supervisors this week, does not identify funding sources for subway tunneling, which Wiener said would be acquired on a per-project basis. San Francisco Metropolitan Transit Authority Board of Directors Chairman Tom Nolan, however, said that many of these projects require federal funding, and the government has lately been stingier. "With the current situation, they're not likely to give us an extra billion dollars for more subways," Nolan told the SF Examiner. San Diego Appoints Planning Director Jeff Murphy, the planning director for the City of Encinitas, will serve as the new Director of the Planning Department for the City of San Diego, according to a letter from Mayor Kevin Falconer. Murphy has served as the director for Encinitas for 15 years, overseeing land development operations and developing an approach to public engagement on the City's Housing Element Update. He was also instrumental in the rebuild efforts following the 2003 and 2007 wildfires, directing, organizing, and coordinating approximately 100 employees, supervisors, and contract staff in carrying out planning and land use efforts. Murphy succeeds Tom Tomlinson, who had served in an interim capacity for over a year, having succeeded CP&DR Publisher Bill Fulton.

Three environmental groups are suing Riverside County over a climate action plan and amendments to its general plan. Plaintiffs claim that, contrary to the plan's stated goals to combat climate chance and protect the environment, the plan actually creates increased traffic, air pollution and threats to wildlife. Plaintiffs include the Center for Biological Diversity, San Bernardino Valley Audubon Society, and the Sierra Club. The groups argue that the Board of Supervisors violated CEQA by certifying an inadequate environmental impact report. The county argues its plans are up to the state's standards and designed to assist California in meeting its GHG emission-reduction targets. According to the groups, Riverside County is not discouraging sprawl by increasing density in existing cities, not actively reducing pollution, and allows for developments near sensitive wildlife areas. A hearing is scheduled for Feb. 22. NFL Approves Rams' Move to Los Angeles After a 21-year wait, the National Football League has finally approved the relocation of a team to the Los Angeles area starting in the 2016 season. NFL owners voted, 30-2, to allow the St. Louis Rams to transfer to Los Angeles. They will temporarily play at the Los Angeles Memorial Coliseum and then move to a new stadium complex in Inglewood. The San Diego Chargers have a one-year option to join, but must decide by Jan. 15, 2017 or else the Oakland Raiders will get the year-long option. If they both choose to stay in their home markets they will each get $100 million for their own new stadiums. The proposed stadium in Inglewood will open in 2019 and cost almost $3 billion with no public funds. The 298-acre site will include entertainment, retail, housing, performing arts venue, and privately financed stadium with 70,240 seats. Study of Bay Area Carbon Footprint Released UC's CoolClimate Network, which includes researchers from UC Berkeley and the Bay Area Air Quality Management District, recently released a ranking of census blocks in the nine-counties in the Bay Area according to carbon consumption. The per-household measurements are based on transportation use, food consumption, goods and services used, energy to heat or cool home, materials going into construction, electricity use and waste. The study is the first detailed carbon study of a major metropolitan area. "One of the things that really struck me the most was the wide variation within cities," Christopher Jones, program director of the CoolClimate Network, told the San Francisco Chronicle. "Oakland, for example, has some of the highest and lowest carbon footprints in the entire Bay Area, all within the same city." The study found that Atherton has the largest per-household carbon footprint in the Bay Area, at 85.7 tons; Emeryville has the smallest, at 30.7 tons. Caltrans Issues Statewide Bikeway Guidelines Caltrans has issued a long-awaited "Class IV Bikeway Guidance" ( pdf ) document to assist planners and engineers in building protected bike lanes. In 2014 the Protected Bikeways Act mandated Caltrans create a category and guidance documents. The guidelines provide, for the first time, a statewide standard to help local planners design and implement bike infrastructure.  The document is written with a permissive rather than restrictive attitude to encourage the local jurisdictions to specialize to fit their communities. The guidance document are continuing protected intersections, loading zones and driveways. This document is designed to help engineers and planners build bike lanes for those commuters less comfortable with using the road alongside vehicle traffic. "We didn't want to dictate from a Caltrans statewide perspective," Kevin Herritt, chief of Caltrans' Office of Standards and Procedure, told Streetsblog . "The guidelines are intended to be flexible, so that all local jurisdictions can do what they need to do given their specific local circumstances." Coalition Proposes Region-wide Tax to Restore San Francisco Bay A coalition of Silicon Valley business leaders, Bay Area Council, and environmental groups such as Save the Bay are teaming up to create a new local tax for the Bay Area to vote on in the next election. This initiative would put a $12 tax on each parcel to grow a fund for bay restoration to protect against rising sea levels. If approved this program would raise $500 million over the next twenty years for levees and restoration of natural buffers such as marshes and wetlands. The tax poses complex issues in communities not adjacent to the Bay, such as Gilroy, Livermore, and Half Moon Bay that would still pay the tax. There is discussion of structuring it more like a benefits assessment; those that live closest to the potential danger should pay more. The San Francisco Bay Restoration Authority voted Jan. 13 to place the measure on the June 7 ballot. Los Angles Landlords May Pass Some Seismic Retrofit Costs on to Tenants Under a plan recently approved by the Los Angeles City Council, property owners and tenants can split the costs of seismic retrofitting, with tenants having rent increases of less than $38 a month over a ten-year period. The plan clarifies an ambitious ordinance passed in October that requires around 15,000 buildings to be retrofitted, especially unstable wood-frame apartments and concrete buildings. The costs of retrofitting these types of buildings could cost between $130,000 to millions. With the cost-sharing discussion resolved, the question of implementation remains. Property owners have seven years to retrofit wooden apartments and twenty-five years for concrete. According to Los Angeles Department of Building and Safety there are approximately 13,500 soft-story wooden buildings that need retrofitting. The city is continuing to search for financing options to assist landlords such as low-interest loans, permit fee waivers and tax breaks. Ojai Approves Total Ban on Short-Term Rentals Enacting what may be the strictest limits on short-term rentals in the state, the Ojai City Council voted, 5-0, to ban informal rentals from sites such as Airbnb and VRBO in all areas of the city including mixed-use and commercial zones. Councilmember Betsy Clapp told the Ventura County Star, "online business model circumvents and undermines community zoning laws" by allowing renters who do not enroll in schools, volunteer or contribute to the community. While some citizens said they rely on short-term rentals for financial support, the majority of the community was against this new home-based hotel system. The council also voted, 4-1, to subpoena Airbnb, VRBO, and others for records on existing vacation rentals in Ojay. The restrictions go into effect Feb. 1. Supreme Court Refuses to Hear Suit over Santa Ana Sucker Fish By refusing to hear a suit brought on by 21 Inland Empire water agencies, the U.S. Supreme Court has effectively put to rest an ongoing dispute over the protection of the Santa Ana sucker fish, which has been listed as threatened since 2000. The species lives in a specific 2-3 mile stretch of the Santa Ana river in Riverside, with over 9,000 acres in the county designated as critical habitat. Plaintiffs claimed the designation was based on flawed science and threatens billions of dollars of future water capture and groundwater recharge projects. With the ruling, the agencies must develop plans to protect the species. McKeever to Step Down as SACOG CEO Mike McKeever has announced, that 2016 will be his last year as Chief Executive Officer of the Sacramento Area Council of Governments. During McKeever's 12-year tenure as CEO, the organization has been recognized as an active participant in collaborative regional decision making. The work of SACOG and the region is highly regarded nationally for the visionary Blueprint framework, the Rural Urban Connections Strategy (RUCS), several high performing Metropolitan Transportation Plans, and programming hundreds of millions of dollars for members and partners to construct transportation projects that increase transportation choice and mobility. Don Saylor, SACOG Board Chair for 2015 and Yolo County Supervisor, said in a statement, "Mr. McKeever is a tremendous asset to the Sacramento region. He has assembled a great team at SACOG and has been extremely effective at serving our diverse 31-member Board." A successor has not been announced. Transfer of Control over Ontario Airport Nears Completion Following an agreement over the sale of Ontario International Airport to the City of Ontario, the city is applying to the FAA take control of airport operations. Approval could come as early as July, thus substantially completing transfer of the airport from Los Angeles World Airports to the city. There are multiple payments being negotiated between the various cities, airports and agencies. Los Angeles World Airports will operate ONT during the transition phase and assist with the protection of workers positions and salaries. Upon transfer, Ontario will owe LAWA $120 million, to be paid for largely through $2 per-passenger fees. Redondo Beach Develops Plan for Waterfront The City of Redondo Beach is considering a public-private partnerships to redevelop its pier and other waterfront properties.  Infrastructure repairs to fix the pier, crumbling parking garages and waterfront cost around $108 million. CenterCal Properties and the city of Redondo Beach are working together on a $250 million project called Waterfront Redondo. The plan has 11 acres of public open space, improved beach and swim area, public market, 700-seat specialty theater, hotel, retail space, and wider boardwalk. Some residents have expressed concerns over restricted views, threats by exploding sea lion population and resistance to a mall by the sea. The proposal will go to the City Council in March for approval. Accessory Dwelling Units Catch on in Marin County The San Rafael City Council voted , 3-2, to approve "junior second units." Council members agreed that additional units need to be built in the city. However, two council members disagreed on the requirements for the new units, expressing concerns about overcrowding and excessive parking use. The new junior second units will be constructed without minimum lot size or additional parking spaces. Officials will monitor the program for two years to watch for overcrowding or other problems, which warrant revisions. The move is part of a trend in Marin County. Novato and Tiburon adopted ordinances earlier and Fairfax, Larkspur and Belvedere are moving towards adopting standards. San Jose Considers Approval of Apple Facility Even as Apple Computers constructs its new headquarters in Cupertino, the company has received endorsement from the San Jose planners for the construction of a new campus in North San Jose, near the airport. This 86-acre development would bring 16,000-20,000 Apple employees to the area. The development plan gives the campus 4.15 million square feet and 15 years to add buildings. Planners see the campus as an anchor for economic development in that part of the city.

With a significant increase in cap-and-trade funding for 2016, the Strategic Growth Council announced the expansion of the Sustainable Agricultural Lands Conservation program (SALC). SALC provides funds that compensate farmers and ranchers for creating conservation easements. It also assists local governments' plans to preserve agricultural lands, with an eye towards mitigation of greenhouse gas emissions. Available funding in 2016 will amount to $40 million, a eightfold increase over the previous year. Funds will be made available through a competitive application process. Last year, SGC received $45 million worth of applications. The new funding level comes with new guidelines from SGC. Funding match thresholds have been reduced, particularly for projects in disadvantaged communities. Pre-applicaitons are due Feb. 16. Further information, including new guidelines, is available here .  DMV Issues Draft Regulations for Autonomous Vehicles Anticipating what could be one of the most significant urban trends of the coming decade, the Department of Motor Vehicles released a draft of preliminary regulations of autonomous vehicles ( pdf ). The regulations primarily focus on safety issues. Proposed regulations include the following: third-party safety certification; presence of liscenced operators capable of controlling vehiciles at all times; initial three-year deployment permits for manufacturers; privacy and cyber-security protection for vehicles that collect and relay data while driving. DMV initially intends to allow only autonomous passenger vehicles. Two upcoming workshops will be held to discuss the draft regulations and recieve input: Jan. 28 in Sacramento and Feb. 2 in Los Angeles.  Oakland, San Diego Stand Firm on Football Stadium Offers With NFL owners meeting in mid-January, Oakland and San Diego have issued what are apparantly final offers to keep their respective football teams. San Diego officials, including Mayor Kevin Faulconer, promised a $350 millino contribution towards a replacement for Qualcomm Stadium for the Chargers. The City of Oakland is being less generous towards the Raiders. Mayor Libby Schaff and Alameda County Supervisor Scott Haggerty reiterated their refusal to spend public money on a new stadium. They have, however, promised to give the Raiders a favorable deal on the long-term lease of 60 acres adjacent to O.co Coliseum if the Raiders choose to fund their own stadium.  Garcetti Taps Pasadena's Vince Bertoni to be New L.A. Planning Director Mayor Eric Garcetti today announced the nomination of Pasadena Planning Director Vince Bertoni as the new head of the Los Angeles Department of City Planning (LADCP). Bertoni comes to the department with more than 25 years of planning experience - including a previous stint at LADCP.  "Vince Bertoni's experience both here in Los Angeles and across the region will add tremendous value to our City's planning efforts," said Garcetti in a statement. "He is a professional who leads by collaborating and consensus-building - skills that will help him balance the diverse needs of our communities, and facilitate real progress in the ongoing conversation about development in this city."  Bertoni has served for five years as the City of Pasadena's Planning and Community Development Director. During that time, he successfully managed Pasadena's city planning program through a General Plan update, a comprehensive visioning process that happens just once every 20 years.  Before joining the City of Pasadena, Bertoni served as Deputy Planning Director in Los Angeles, where he oversaw the adoption of 16 historic preservation overlay zones, new guidelines for the Broadway Historic District, a bicycle master plan and a Hollywood community plan.  Los Angeles Goes After Nuisance Properties A new plan approved by the Los Angeles City Council would allow the city to take control of vacant nuisance properties from banks and put them under the control of a court-appointed overseer who would hire contractors to fix the houses for sale. Under the plan, proceeds from the sales, not taxpayer dollars, would pay for that work, including the fees of private attorneys who would handle the legal paperwork. "It offers an effective way to turn a property around quickly," City Attorney Mike Feuer told the LA Times. "This program costs nothing." Feuer's proposal now goes to Los Angeles Mayor Eric Garcetti for approval. If he signs off, the city attorney would be able to have outside firms start working on takeovers after 30 days. Mayors Form Homelessness Alliance Five West Coast mayors announced the creation of an alliance united in addressing the growing crisis of homelessness. The alliance, consisting of Portland Mayor Charlie Hales, Seattle Mayor Ed Murray, Eugene Mayor Kitty Piercy, San Francisco Mayor Ed Lee and Los Angeles Mayor Eric Garcetti, was developed during the West Coast Mayors Summit addressing homelessness, housing, and climate action. It first plans to elevate the importance of homelessness and housing in their communities and among their federal delegations. It would be committed to data collection and sharing - getting the right data for the West Coast - and sharing of best practices. Bay Area Cities Win Problem-Solving Grants San Francisco and San Jose are two of 13 new beneficiaries of grants from former New York Mayor Michael Bloomberg's What Works Cities initiative, a program launched in April 2015 that provides grants to technical experts to help mid-sized urban governments solve local problems. The initiative, launched through New York-based Bloomberg Philanthropies, plans to expand to as many as 100 cities by 2017, investing a total of $42 million to support consulting and technical assistance for mid-sized cities. Its goal is to encourage cities to adopt the data-driven governing techniques that distinguished Bloomberg's administration in New York City. L.A. River Project Gets Key Backing from Army Corps The Chief of Engineers of the U.S. Army Corps of Engineers, Lt. Gen. Thomas Bostick, has signed off on the plan to restore the Los Angeles River, a major milestone in efforts to transform the river's aquatic ecosystem. This approval is a critical step toward moving the project forward to Congress for authorization and appropriation of funding.  The Chief's Report now goes to the Assistant Secretary of the Army (Civil Works) for administrative review and transmittal to Congress, expected in early 2016. Congress must authorize the project in a Water Resources Development Act and appropriate funds in order for the Corps and the City to begin construction.  The plan will restore approximately 719 acres by widening the river in key areas by terracing and restructuring channel banks to support vegetation, creating side channels and off-channel marsh, daylighting small streams, and removing invasive vegetation. Associated recreation features include trails, vista points, educational amenities, and pedestrian bridges. "We and our partners have put tremendous effort into developing and moving forward a plan that would improve the L.A. River ecosystem in a constrained funding environment," said Col. Gibbs. "Our number one priority of the plan is to restore the river's ecosystem while preserving the flood protection that is provided by the existing channel system."