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Voters in Monterey County may be closer to deciding two land use ballot measures after a 15-judge panel of the Ninth U.S. Circuit Court of Appeals ruled in an unrelated case that recall petitions need not be circulated in multiple languages. Last year, a three-judge panel of the Ninth Circuit ruled that petitions in a Santa Ana Unified School District recall were invalid because they had been circulated only in English. In March, a federal district court judge, relying on the Ninth Circuit’s ruling, declared invalid an initiative to overhaul the Monterey County general plan because initiative backers printed petitions only in English. After the general plan ruling, the county Board of Supervisors pulled off the ballot a referendum of a proposed 1,100-unt housing project for the same reason (see , May 2006). Under the Voting Rights Act, the government must publish election materials in other languages if more than 5% of voters speak a language other than English. However, the panel that reheard the Santa Ana school district case voted 14-1 that the multi-lingual requirement does not apply to citizen petitions. Requiring translation of citizen petitions “is very likely to have a chilling effect on the petition process itself,” Judge William Canby wrote for the court. “A requirement of translation for recall petitions is far more likely to be used as a sword than as a shield.” Exactly what will happen with the Monterey County land use measures is unclear. Proponents said they would push for a special election because it is too late to get the initiative and the referendum on the November ballot. But county officials said they were still studying the situation and noted that a U.S. Supreme Court review of the Ninth Circuit decision is possible. Additionally, litigation over the two ballot measures is pending in federal court. The Ninth Circuit case is , No. 03-56259, 06 C.D.O.S. 8808, and was filed on September 19. While growth control votes in Monterey County remained in question, the county and the City of Salinas reached a settlement in the city’s lawsuit over county plans for the 2,500-acre Rancho San Juan. The county has been planning for growth on the ranch just north of Salinas for some time, but the city sued over a specific plan, which includes the 1,100-unit Butterfly Village project for which a referendum is pending (see above.) The city agreed to drop its California Environmental Quality Act lawsuit when the City Council and Board of Supervisors approved an 18-point “Greater Salinas Area Memorandum of Understanding.” The document permits the city to annex about 3,000 acres north of town, designates land to the north and east of the city for development while preserving farmland to the west and south, requires imposition of a countywide traffic impact fee, and calls for county-city cooperation on issues such as affordable housing and infrastructure improvements. Salinas officials said the city needs room to grow because of severe overcrowding and a lack of affordable housing. Rancho San Juan growth opponents immediately seized on the settlement and closed-door negotiations behind it, and the opponents hinted they may file a suit insisting that the settlement should be subject to environmental review. A referendum contesting adoption of a redevelopment plan for the Bayview Hunters Point district in San Francisco has been blocked by City Attorney Dennis Herrera. He declared the referendum petitions were invalid because they did not contain the entire redevelopment plan. The city adopted the plan, which emphasizes development of 3,700 new housing units in the 1,300-acre project area, earlier this year (see , September 2006). Fearing gentrification, opponents gathered enough signatures on a referendum petition to force an election. But Herrera determined on September 19 that the petitions were invalid without the plan itself. Opponents said they would likely sue over Herrera’s decision. A controversial proposal by Santa Clara County to build a 7,000-seat concert hall at the county fairgrounds in San Jose is apparently dead after the Board of Supervisors voted 3-2 not to pursue the project. The decision came shortly after county analysts revealed that rising construction costs would require at least a $15 million county subsidy. The county began pursuing a concert hall at the aging fairgrounds in 1998, shortly before the City of San Jose and downtown advocates began talking about building a similar hall in downtown. Eventually, the county decided on a plan in which it would issue about $80 million in bonds to pay for the fairgrounds facility and hire the House of Blues to run it. The city sued and lost one round in court before paying to settle the lawsuit (see , May 2006; , December 2004). Backers of the county project said it could generate tens of millions of dollars for the county over the next three decades. But when it came time to move forward, three supervisors said the project was too risky, especially when the county already has a $200 million budget shortfall. The county’s decision may give new life to the proposed downtown concert hall, which has languished. Yolo County has dropped its eminent domain action to acquire 17,300 acres of farmland and open space in a triangle between the cities of Woodland, West Sacramento and Davis. Instead, the county reached an agreement with the property owners that limits development and water sales. The county commenced eminent domain proceedings on the Conaway Ranch more than two years ago because of concerns about the loss of farmland, endangered species habitat and water (see , August 2004). After eminent domain proceedings began, a collection of Sacramento area developers acquired the ranch, which has 50,000 acre-feet of water rights. Under the settlement, the owners may sell up to 1,500 acres of land in small parcels. For sales of parcels larger than 250 acres, the county will have the right of first refusal. All land remains subject to the county general plan, which currently permits virtually no development. The agreement calls for water to be used first to satisfy farming, habitat and recreation needs on Conaway Ranch. Surplus water could be sold but the county would have the first right to negotiate a water purchase and would receive a cut of proceeds if another entity buys the water. Property owners said they may use the land as a mitigation bank and sell conservation easements. On-the-ground restoration of San Dieguito Lagoon in Del Mar began in September after 15 years of planning, permitting processes and litigation. The restoration plan by the San Dieguito River Park Joint Powers Authority calls for creation of a 115-acre saltwater marsh, construction and rehabilitation of nesting sites for endangered birds, and permanently reopening the mouth of the river (see , September 2003). Construction is expected to take two years. Southern California Edison is paying for the project as mitigation for ongoing operation of the San Onofre nuclear power plant about 30 miles to the north.

Post-redevelopment plans for downtown San Diego The San Diego Foundation is teaming up with the Downtown San Diego Partnership business group to frame a  new vision for San Diego's downtown. With the end of redevelopment agencies in the state, San Diego can no longer depend on the $125 million dollars a year to subsidize these types of projects.  SF redesigns Castro Street to better accommodate pedestrians  San Francisco's famous Castro Street is undergoing a design makeover to transform the street into a better environment for pedestrians. Castro Street, with its narrow sidewalks and busy intersections, is not suitable for the heavy foot traffic that dominates the area. The Castro Street Design Plan builds upon previous efforts to improve the street's conditions for pedestrians and enhance the street's capacity to serve as a local hot spot and tourist destination.  Realigning High Speed Rail may compromise SF freeway San Francisco officials explore alternative High Speed Rail alignments, including the removal of the I-280 viaduct. The proposal could benefit both the city and Caltrain, though details for how this proposal would align with Caltrain's electrification plans still need to be worked out. Stakeholders agree: Modernize CEQA ... After 40 years, stakeholders agree that the time has come to modernize CEQA. Governor Jerry Brown and other political coalitions have made strong commitments to CEQA modernization in the upcoming year.  ... But Enviros Aren't On Board Bruce Reznick and David Mogavero of Planning & Conservation League say that the call for CEQA reform is much ado about nothing. LA publishes DEIR for 5-year bike plan and the "My Figueroa Project"  The Draft EIR encompasses 39.5 miles of bicycle lane projects that require the removal of street lanes and promises streetscape improvements and better accessibility for bicyclists. The city is using Governor Brown's new law (A.B. 2245) that allows certain bicycle projects to be exempt from the CEQA process to opt-out of the EIR certification process.   Metro unveils study on how to close the 710 Freeway gap The final five recommendations on how to close Los Angeles's 710 Freeway gap were released by Metro last Friday. Options include: do nothing, traffic management systems, light rail, bus route and freeway tunnel.  Metro will host open houses starting this week to discuss its findings.

A “preliminary master plan” for the Orange County Great Park has been approved by the park board. The plan for 1,655 acres of the former El Toro Marine Corps base divides the park into a series of “activity levels,” ranging from nature areas with wildlife viewing to a large sports park. There would be a “lifelong learning district,” a botanic garden, a conservatory that spans a manmade canyon, air and military museums, 50 miles of trails and an orange hot-air balloon rising 500 feet to serve as an icon. During a presentation to the Irvine City Council, park designer Ken Smith called the release of the preliminary plan “momentous,” but he emphasized that the plan is a work in progress. Councilwoman Christine Shea, who helped lead the fight against a proposed airport at El Toro, said it was “amazing” to see the park vision come to light “after so many years of struggle.” While the early park plans have earned high praise, some Irvine residents are urging caution. After Smith made his presentation to the City Council, one resident said he was concerned to see the estimate of park attendance rise from 1.2 million to 5 million visitors per year. The Great Park board is scheduled to adopt a comprehensive master plan in early 2007, with construction to follow. The preliminary master plan is available at www.ocgp.org All 23 Enterprise Zones scheduled to expire this year have been given an additional 15 years by Gov. Schwarzenegger. New or existing businesses in Enterprise Zones are eligible for tax credits for hiring certain employees or purchasing equipment, and may take advantage of other financial incentives. Analysts have given Enterprise Zones mixed reviews during recent years, with some questioning the benefits of a program that costs the state tens of millions of dollars annually (see , June 2006; , February 2002). But Schwarzenegger cited a report released in August by the Department of Housing and Community Development that asserted poverty and unemployment rates declined faster in Enterprise Zones than statewide from 1990 to 2000, and that income increased faster than the state average. The extended Enterprise Zones are: City of Arvin, Delano, Fresno-City, Fresno-County, Merced, North Sacramento, Yuba Sutter, Calexico, City of San Bernardino, Coachella, City of Los Angeles-Central/Hollywood, Compton, Santa Clarita, Long Beach, Pasadena, City of Southgate/Lynwood, San Diego, Richmond, San Francisco, San Jose, Shasta, Eureka and Oroville. for a Highway 50 freeway interchange in El Dorado County that would serve a controversial Indian casino has been upheld. Last year, the Third District Court of Appeal rejected an EIR for the Shingle Springs interchange because of the analysis of air quality issues (see , January 2006). However, a revised version survived the scrutiny of Sacramento County Superior Court Judge Lloyd Connelly, who in November ruled against the citizens group Voices for Rural Living. The group promised to appeal the ruling, but it is the second major blow to the group’s efforts to halt the Shingle Springs Band of Miwok Indians from building a casino resort. In September, the El Dorado County Board of Supervisors agreed to drop its litigation over the project in exchange for the tribe’s payment of up to $190 million over 20 years for law enforcement, and transportation and other projects. An environmental impact report offering 10 alternatives for the future of the Salton Sea has been released by the state Department of Water Resources (DWR). The alternatives range from doing nothing to making a smaller lake to devising a series of lakes and brine ponds, with costs ranging from about $1 billion to $6 billion over 75 years. State officials have yet to embrace an alternative, and neither environmentalists nor local farmers appear thrilled with any of the ideas. But nearly everyone says the state needs to chose a course of action quickly because the 360-mile lake will lose about half of its water flow starting in 2017 due to water diversions from Imperial County farms to the San Diego region. An important resource for migratory birds, the lake is experiencing rising salinity, fish die-offs and other ecological problems. With less runoff from farms, the Salton Sea could become a hazard to animals and humans. The Salton Sea Authority, a local joint powers authority, called the state’s EIR “obsolete.” The authority supports a plan to create a separate “salt sink” next to a much smaller lake with better water quality. The Resources Agency anticipates recommending a preferred alternative to the Legislature in the spring. The EIR is available on a DWR website: www.saltonsea.water.ca.gov . The state budget situation is not as big a problem for local governments as it was two years ago, according to a recent survey of city officials. In the survey by the Public Policy Institute of California, the League of California Cities and the National League of Cities, 66% of respondents said the state budget is a “big problem” for cities. That percentage was down from 76% in 2005 and 90% in 2004. In addition, the percentage of city officials who said California’s system of public finance needs “major changes” dropped from 76% in 2005 to 45% in 2006. Not surprisingly, city officials also said their local budgets are in better shape this year than during the recent past. The complete survey regarding local government finance and infrastructure is available at www.ppic.org

Although many land use bills failed to avoid Arnold Schwarzenegger’s veto pen, the governor did sign some pieces of land use legislation this fall. One approved bill, SB 1535 (Kuehl), increased the filing fees for environmental documents to be reviewed by the Department of Fish and Game (DFG). The bill bumps up the cost of filing an EIR from $800 to $2,500, and boosts the negative declaration fee from $1,250 to $1,800. According to environmental groups that supported the bill, DFG reviews only about 10% of the environmental documents it receives because of funding and staff shortages. The DFG fees for reviewing environmental documents prepared by other agencies are unique in state government; no other agency has such a fee. Developers have chafed at the fees and local governments have complained about having to collect the money, but courts have upheld the fees (see , May 2000). The fees had gone unchanged for years. The additional revenue should enable DFG to review all environmental documents it receives, according to bill supporters. While the DFG fee bill affects the entire state, another bill signed by the governor, AB 1457 (Baca), impacts only one dark corner of San Bernardino. The legislation is a creative attempt to revitalize a troublesome park, decrease criminal activity and provide new housing. The legislation permits the City of San Bernardino to give 14 acres of the 43-acre Seccombe Lake Park to the city’s redevelopment agency, which must come up with replacement parkland nearby. The redevelopment agency wants to sell the property for private development of up to 80 houses and town homes in a new, gated community. The city acquired the downtown parkland through purchase and eminent domain after World War II and deeded it to the state about 25 years ago for development of a regional park. That plan died, though, and the state returned the park to the city. For years, the park has been the site of homeless encampments and criminal behavior — and not much baseball or recreational fishing. Earlier this year, though, the city began removing walls and overgrown vegetation to open up sight lines. City officials hope the cleanup and planned housing project will entice more people to recreate in the park. A bill that would give property owners with land use disputes direct access to federal court has passed the House of Representatives and could be taken up by the Senate this month. The proposed Private Property Rights Implementation Act, HR 4772 by Rep. Steve Chabot (R-Ohio), would permit property owners to bypass state courts and take claims over local land use regulation directly to federal court. As it now stands, federal courts generally require property owners to go to state court first with claims that regulation has deprived them of property rights or civil rights. However, at least in the Ninth U.S. Circuit Court of Appeals, federal courts have been reluctant to consider claims that have been decided in state court. Thus, it is difficult for property owners to get heard in federal court, which many people believe would be a more favorable venue for property owners than state court. Although passage of HR 4772 is a long shot during the lame-duck congressional session, local governments are worried. The bill would undermine local zoning authority and “create greater federal intrusion into local land use decisions,” according to the National League of Cities. In one of the more lopsided land use elections in state history, Glendora voters rejected an elaborate rezoning initiative that would have permitted development of 338 houses on the site of a private country club and construction of a new golf course in the rugged hills above town. The developer-written “Glendora Hillside Protection Ordinance” received only 9.4% of the 12,455 ballots cast during the special election on October 3. Developer NJD, Ltd., for years has been attempting to build houses on about 400 acres in the hills of Glendora and the neighboring city of San Dimas. But those efforts have gone nowhere at City Hall and in court. So the developer went directly to voters. Under the initiative, NJD would have essentially swapped its 400 acres in the hills for the 107 acres owned by the Glendora Country Club. The developer would build the country club a new golf course and other facilities in the hills. The developer would also build 338 houses on the relatively flat land now occupied by the 50-year-old country club. The initiative proposed amending the city’s general plan, and city zoning and grading ordinances to permit the new golf course and homes — although part of the golf course would have been built in San Dimas, which has not consented to the project. Country club members agreed to the land swap earlier this year. NJD spent more than $1 million on the campaign and went as far as offering people grocery and gasoline gift cards if they agreed to fill out absentee ballots. After the overwhelming defeat, NJD representatives said they would again try to receive city approval for building up to 53 houses in the hills. El Dorado County officials have reached an agreement with the Shingle Springs Band of Miwok Indians regarding a long-discussed casino just off Highway 50, a few miles west of Placerville. The agreement calls for the tribe to pay $104 million over 20 years for construction of carpool lanes on Highway 50, at least $78 million over 20 years to mitigate impacts on the community and $500,000 annually for local law enforcement, and for the tribe to offer hiring preferences for construction and casino jobs to El Dorado County residents. The tribe has talked about building a 200,000-square-foot casino and 250-room hotel since 1998, but the county and landowners in the rural residential neighborhood next to the tribe’s 160-acre reservation have fought the project. Late last year, the Third District Court of Appeal threw out the environmental impact report for a freeway interchange that would serve the casino (see , January 2006). The citizens group involved in that litigation, Voices for Rural Living, filed a new lawsuit in September over the proposed interchange, which is vital for the casino. A Superior Court judge has thrown out an environmentalists’ lawsuit that contends the continued operation of windmills in the Altamont Pass area violates the state’s unfair competition law and the public trust doctrine. The Center for Biological Diversity argued that the windmills — located along Interstate 580 between Livermore and Tracy — are illegal because they destroy wildlife, which is a public trust. However, Alameda County Superior Court Judge Bonnie Sabraw ruled that harm to wildlife does not equate to the destruction of property under the unfair competition law. Environmentalists filed the creative lawsuit after failing to convince Alameda County and power companies to close down older windmills that state officials blame for killing about 1,000 raptors annually, including golden eagles, red-tailed hawks and burrowing owls (see , August 2005). Environmentalists say operation of the windmills violates federal and state wildlife protection laws. An appeal of Judge Sabraw’s ruling is possible, according to Jeff Miller, of the Center for Biological Diversity. Under a county-approved plan, power companies have closed some old power turbines and are supposed to replace the rest over 13 years with fewer, larger models that are expected to be safer for birds. The case is , Alameda County Superior Court Case No. RG04183113.

Endangered species issues became more complicated in the Coachella Valley in late June when the City of Desert Hot Springs declined to participate in a multiple species habitat conservation plan. The city’s decision appeared to force the plan’s author, the Coachella Valley Association of Governments, to revise the plan without including Desert Hot Springs, refigure impact fees and — most importantly — revise and recirculate the environmental impact report. All of that could take at least a year, said Jim Sullivan, the association’s director of environmental resources. In the meantime, the region could be without an “incidental take” permit that allows development on habitat for the endangered fringe-toed lizard, which includes much of the valley. The permit was scheduled to expire July 1 and be replaced with a new permit stemming from the habitat conservation plan. Without the incidental take permit for the lizard, “you go from paying a $600 per acre fee to doing a full EIR,” Sullivan said. “It’s very much up in the air.” The species plan has been in the works for more than 10 years. It is intended to provide for conservation of 27 animal and plant species on 1.1 million acres in the Coachella Valley and surrounding mountains (see , April 2006). The plan designates about 750,000 acres for conservation while allowing development to go forward elsewhere. Eight cities in the valley and other public agencies have agreed to participate in the plan. However, the Desert Hot Springs City Council voted 3-2 to opt out, citing concerns about the plan’s impact on private property rights and desired growth in the city. The City of San Diego’s inclusionary housing ordinance has been declared unconstitutional by a trial court judge. San Diego County Superior Court Judge John Meyer ruled that the ordinance resulted in a taking because the law did not allow exceptions for builders who could prove their projects were unrelated to San Diego’s affordable housing shortage. The ruling came in a lawsuit filed by the San Diego County Building Industry Association, which has fought the ordinance since the city adopted it in 2003. The measure requires builders to designate 10% of new units for low- and moderate-income residents or pay an in-lieu fee. The ruling threw into question the fate of more than $9 million of in-lieu fees the city has collected. More than 100 jurisdictions around the state have inclusionary housing requirements. Meyer distinguished San Diego’s ordinance from a City of Napa inclusionary ordinance that the First District Court of Appeal upheld in , 90 Cal.App.4th 188 (see , July 2001). The Napa ordinance has an exemption for builders who prove their projects have no connection to the city’s affordable housing shortage, while San Diego’s exemption focuses on financial hardship. After the ruling, the city hired outside counsel — Charles Christensen of Christensen, Schwerdtfeger & Spath — and asked Judge Meyer to reconsider his decision to throw out the entire ordinance. In what might be a major victory for environmental activists, the Pebble Beach Company has withdrawn a controversial plan to build luxury and worker housing, a golf course, an equestrian center and additional hotel rooms in the Del Monte Forest. The company backed away from its plan in June, only one day before the Coastal Commission was scheduled to consider the project. County voters cleared the way for the project six years ago when they approved an initiative amending the Del Monte Forest plan. The Monterey County Board of Supervisors approved the development project in early 2005 (see , July 2005). Environmentalists have bitterly fought the project because of its impact on the Monterey pine forest and coastal habitat. Coastal Commission staff members recommended the panel reject the project. Upon pulling the plan, representatives of Pebble Beach Company (which is owned by Clint Eastwood, Arnold Palmer, Peter Ueberroth and other investors) complained that the Coastal Commission could not provide a fair hearing. The company said it would revise its plans. Plans for a complex of high-rise condominiums in Santa Monica also went by the wayside in June. Macerich Company revealed that overwhelming public opposition had caused the company to scrap its plans to replace the Santa Monica Place shopping mall with high-rise development (see , April 2005; , February 2005). Macerich said it would start over on planning for the site.

Cordova Hills project approved by Sacramento County Fanning fears that the Sacramento Region won't be able to meet SB 375 emissions reduction standards, Sacramento County supervisors have approved the sprawling South County Cordova Hills project.  Cities turn to new sources of funds for affordable housing Before the dissolution of redevelopment agencies, 95% of local affordable housing dollars came from redevelopment. With RDAs dead in California, cities are being forced to try and close the money gap with other pots of money, namely namely being those reserved for affordable housing.  CA car debates: parking minimums in Santa Monica A proposal to ease parking minimums in Santa Monica is in no way a "war on cars," says Paul Barter of Reinventing Parking. Barter makes the case that people's dependency on the automobile is not going to be alleviated by easing parking minimums. Rather it's the traditional zoning policies that require excessive parking to blame.  Nation's largest landlord uses smart growth strategies The federal government is the biggest landlord in the nation. In this blog from Atlantic Cities, NRDC's Kaid Benfield remind the Government Services Administration that with big development rights comes big responsibility, and advises that its real estate endeavors should give higher priority to how its development decisions impact community life and neighborhood connectivity. CEQA Controversy finds its home at the Capitol  As advocacy groups from both ends of the spectrum are launching CEQA campaigns, state senate leaders Darrell Steinberg and Michael Rubio are trying to create a common outline for the new bill to help guide the process.  New LAX runway plan moving forward despite NIMBY opposition A plan to move the northernmost runway at LAX 260 feet closer to homes in Westchester is moving forward despite opposition, but the Los Angeles Board of Airport Commissioners voted to approve the LAX modernization plan last week. However, the plan still has several hoops it needs to jump through before changes can begin to take place. Get rid of the Fulton Street mall Fresno held its annual State of Downtown Breakfast last Tuesday, where urban designer and architect, Henry Beer, led the discussion for how Fresno can improve its downtown. To no one's surprise, the topic of discussion was the city's downtown Fulton Mall, and again, to no one's surprise, Beer urged Fresno to reopen the mall to cars.  LA kicks off pilot parklets program Three out of the four parklets of the city's pilot parklets program opened to the public last week, and  they have already received wide praise from city officials and the public. Highland Park's parklet opened last Saturday and two parklets on Spring Street opened last Thursday as part of the city's larger efforts to create a more active and pedestrian friendly downtown.

Flood control remains a lively topic in Sacramento, as ramifications of a 2003 court decision making the state fiscally liable for Central Valley levees become clearer (see , March 2005). In mid-May, Governor Arnold Schwarzenegger signed a bill (SB 94, Migden) that awards $45 million in state compensation to victims of a 1997 Feather River levee break in Yuba County. Four people died in the New Year's Day flood near Marysville, which spawned a lawsuit with 622 plaintiffs. They will share the $45 million settlement. Meanwhile, a state Senate budget subcommittee approved a measure that would prohibit approval of a tentative subdivision map or building permits unless the first habitable floor of residential units in areas protected by levees is at least one foot above the expected flood level in the case a levee failure. Alternatively, local governments could approve new houses only in levee-protected areas with at least 100-year flood protection, with 133-year flood protection as of 2008, or with 200-year flood protection as of 2012. Homebuilders have vowed to fight the measure. On the other side of the Capitol, Assemblyman John Laird (D-Santa Cruz) gutted his bill that would have established a Central Valley Flood Control Assessment District to tax landowners for increased flood protection. Laird's AB 1665 had the administration's support but ran into a buzz saw of opposition from local governments and landowners. THE DEPARTMENT OF WATER RESOURCES has released a new draft of the California Water Plan. The draft is far different from past water plans and from a stakeholder draft released in the final days of the Davis administration (see , November 2003). Past state water plans projected a water balance. For example, the last update, in 1998, predicted that California would face an annual water shortfall of 3 million to 7 million acre-feet annually in 2020. This time around, DWR has provided three scenarios: current trends, less resource intensive, and more resource intensive, all with different numbers attached. The plan also contains two broad initiatives - promotion of regional water management, and improvement of statewide water management systems. The emphasis on regional approaches is another departure from past state water plans. The water plan, formally known as Bulletin 160-05, makes 14 recommendations for state decision-makers and agencies. Among the recommendations are: o Invest in sustainable and affordable water conservation, water management and development of water supplies. o Provide incentives to regional and local agencies, and utilities, to prepare integrated resource and drought contingency plans. o Evaluate and propose management strategies to remediate the cause and effects of surface and groundwater contamination. o Rehabilitate aging water and wastewater infrastructure. o Predict and prepare for the effects of global climate change. Thirteen public hearings on the water plan are scheduled around the state this month. The deadline to comment is June 30. The plan is available at www.waterplan.ca.gov . ALTHOUGH ITS AUTHORS said it was not a response to the draft state water plan, the Association of California Water Agencies (ACWA) released, “No Time to Waste: A Blueprint for California Water” only three weeks after the state water plan hit the streets. Among ACWA's recommendations are: o Improve the existing Sacramento-San Joaquin River Delta water conveyance system to increase flexibility and enhance water supply, water quality, levee stability and environmental protection in the near term. o Evaluate long-term threats to the Delta levee and conveyance system and pursue actions to reduce risks to the state's water supply and the environment. o Ensure delivery of adequate Colorado River supplies for Southern California and defend California's rights on the Colorado River. o Develop additional groundwater and surface water storage. o Work with local agencies to overcome constraints to developing seawater and brackish groundwater desalination projects. o Modernize the federal Endangered Species Act and other laws and regulations to allow water infrastructure projects, water supply and water quality activities to proceed while protecting species and habitats. o Support integrated regional water management plans. An ACWA task force spent a year devising the plan, which the organization said is aimed at federal and state decision-makers. The plan is available at www.acwa.com . THE RACE BETWEEN the City of San Jose and Santa Clara County to build a mid-sized performing arts hall may have become more complicated. In early May, Bill Graham Presents, a subsidiary of entertainment company Clear Channel, announced it plans to book up to 80 concerts a year at the Civic Auditorium, a 70-year-old, 3,000-seat facility in downtown San Jose. The city and county have fought over dueling concert hall proposals, with the county pursuing a 7,000-seat facility at the fairgrounds, about five miles south of downtown, while the city considers becoming a partner in a new 5,000-seat downtown venue (see , December 2004). Neither the city nor the county would admit that their plans had changed because of the Bill Graham Presents promotions. GOV. ARNOLD SCHWARZENEGGER announced in May that roadless areas in California's national forests will remain roadless. The Bush administration has moved to give states a bigger role in setting national forest policy in hopes of increasing natural resources production. That put California's Republican governor in an awkward position because he campaigned as a proponent of environmental protection (see , April 2005, Marc 2005). The governor's announcement also promised that the state Resources Agency “will work to ensure the quality of wildlife habitat conservation, community safety and broad public support for watershed-based forest management practices.” Resources Secretary Mike Chrisman added, “In October of last year we said we were interested in having a rule specific to California so that our forests would remain roadless. We are thankful that USDA and the USFS have agreed to develop a rule specific to California.” YOLO COUNTY'S PLANNED ACQUISITION of 17,300 acres of farmland and habitat received a boost in May when a local Indian tribe that operates a thriving casino announced it would help finance the county's purchase of Conaway Ranch. The Rumsey Band of Wintun Indians revealed it has entered a partnership with the county to preserve the ranch for “public benefit.” Yolo County commenced eminent domain proceedings to acquire the Conaway Ranch last year (see , August 2004). County supervisors said they feared that developers would try to build on the property or would sell its rights to 80,000 acre-feet of surface water. A group of Sacramento-area developers purchased the real estate for a reported $60 million from a PG&E subsidiary after the county filed its condemnation action. The developers were critical of the county-tribe agreement. “The potential use of gambling profits to condemn private property and water rights is an issue the people of Yolo County should not take lightly,” they said in a written statement. Possibly complicating the deal is a plan to make the tribe a member of the Conaway Ranch Joint Powers Authority (JPA), whose members now include the county, three cities, the University of California, Davis, and a flood control district. State law prohibits tribes from joining a JPA, but Assemblywoman Lois Wolk (D-Davis) has said she would carry a bill permitting the agreement. ONE ENTITY THAT HAS ALREADY DEALT WITH the issue of tribal membership in a joint powers authority is the Coachella Valley Association of Governments (CVAG). The regional body has nine cities, Riverside County and three Indian tribes as members. “They are not official members of the JPA,” explained agency Executive Director John Wohlmuth. “They are participating members of CVAG through a memorandum of understanding. It's a very good relationship.” Since 1998, the Agua Caliente, Cabazon and Torres Martinez bands have had voting rights and paid dues, he said. Both the Southern California Association of Governments and the Western Riverside Council of Governments (WRCOG) are studying the CVAG model while they consider new relationships with tribal governments. The western Riverside County region is home to five tribal nations. Rick Bishop, WRCOG executive director, said his council recognizes that tribes have a great deal of influence these day and have a desire to join the regional body. Bishop expects a decision within a few months.

Criticism of the Cal-Fed Bay-Delta Program continued to pile up during November. First, the Department of Finance released a draft report on Cal-Fed implementation that found a mixed record of progress. One week later, the Little Hoover Commission recommended dissolution of the California Bay-Delta Authority, which began overseeing the Cal-Fed program in 2003. Gov. Schwarzenegger requested the two studies as well as an organization and program management review by KPMG that is due this month. Schwarzenegger asked for the examinations because of growing concern that Cal-Fed is not making adequate progress on its four goals of improving water supply reliability, levee stability, water quality and the ecosystem (see , October 2005). In a November 10 transmittal letter to Resources Secretary Michael Chrisman, Acting Finance Director Michael Genest wrote, “We found areas with significant accomplishments, such as increased groundwater storage, support of local watershed efforts, and maintenance of water supplies through the Environmental Water Account, as well as areas where progress to date is promising for longer term results, such as ecosystem restoration. We also found several areas where significant progress was lacking, such as levee improvements and increased export of water from the Delta.” The Little Hoover Commission found that the Bay-Delta Authority, composed of 25 state and federal agencies, is too fragmented to succeed. The Authority “was not given the authority to implement the Cal-Fed Program and it is not clear within the implementing agencies who is in charge of Cal-Fed implementation,” the Commission reported. The Commission recommended re-creating a previous policy group, with the U.S. interior secretary and the state resources secretary clearly in charge. “One lesson of the last five years is that Cal-Fed will require an amount of political capital and leadership that can only flow from the institution of the governor,” Little Hoover Commission Chairman Michael Alpert said. The Commission further recommended adoption of a comprehensive state water policy, a larger role for science in Cal-Fed decisions, and more meaningful public involvement. Additionally, the Commission said the Legislature should clarify its expectations for state agencies and hold them accountable. The Cal-Fed reports hit at the same time that the Department of Water Resources released an environmental impact report for a project that is intended to meet two Cal-Fed goals: better water quality for farmers and cities, and protection of migrating fish. The EIR drew sharply different responses — just the sort of conflict that Cal-Fed was supposed to stem. The South Delta Improvements Program would install barriers near pumps at Byron that remove water from the Delta for transport to farms and cities via the California Aqueduct. The movable barriers would decrease saltwater intrusion into the area from which the pumps take water and block fish from the pumping zone. The EIR released on November 10 found that the project would not harm water quality or fish. However, the Contra Costa Water District immediately questioned the EIR’s conclusion. District officials said the project could increase water salinity at the district’s Delta pumps. Environmentalists and some farmers also questioned the EIR and the entire project, saying it was a partial solution at best. Meanwhile, a coalition of water agencies, farmers and business interests called California Water Future endorsed the EIR. The EIR as well as the Little Hoover Commission and the Department of Finance reports are all available on the Cal-Fed website: www.calwater.ca.gov.

Water agencies cannot charge water users incrementally more per gallon of use following a  ruling  by the Fourth District Court of Appeals that cited a 1996 law prohibiting government agencies from overcharging for services. The suit came about after San Juan Capistrano charged nearly four times as much per unit of water for users in the highest tier to provide an incentive to conserve, but failed to show that the water was that expensive to deliver. Governor Jerry Brown wanted to use the rates to save water and create strong disincentives for wealthier residents. Other water districts must now review the ruling to make sure that their rates are in step with the court, while still encouraging conservation during the drought. Two-thirds of water districts use some form of tiered water pricing, but now agencies will have to show that hikes are directly tied to the cost of water, according to the court. Change in Leadership at Dept. of Housing and Community Development Claudia Cappio has left her role as director of the Department of Housing and Community Development to head the "Coliseum City" development plan in Oakland. Replacing her as acting director will be Susan Riggs, the former Executive Director of the San Diego Housing Federation. Riggs has been serving as Deputy Secretary of Housing Policy for the Business, Consumer Services and Housing Agency (BCSH) since January 2014. Prior to joining BCSH, Riggs served as the Executive Director of the San Diego Housing Federation. In this capacity, her primary goal was to promote the creation of safe, stable, and healthy housing that is affordable to lower income families and people in need. Newly Discovered Fault Puts Ventura at Risk An earthquake fault that runs through downtown Ventura is extremely dangerous and could produce a magnitude 8.0 earthquake every 400 to 2,400 years, according to new research from the California Geological Survey. In contrast with the inland San Andreas fault, an earthquake at the Ventura fault could bring a devastating tsunami to the region that would begin "in the Santa Barbara Channel area, and would affect the coastline � of Santa Barbara, Carpinteria, down through the Santa Monica area and further south," according to Southern California Earthquake Center director Tom Jordan, as quoted in the Los Angeles Times . Up until the study, experts believed that California's biggest threat of tsunami would be a mega-quake in Alaska, which would still give Californians hours to evacuate. Services for Homeless Cost L.A. $100 Million Annually Five members of the Los Angeles City Council proposed that the city take a new approach in dealing with 23,000 people living on the streets. Reacting to a scathing report indicating that homelessness costs the city $100 million per year and saying that the city's response has been fractured and dysfunctional, the council members want to create a new council committee focused just on that problem. In the report, City Administrative Officer Miguel A. Santana said that $87 million of indirect costs go to the Los Angeles Police Department for arrests, patrols and mental health interventions. "What's happening in the city and county is unconscionable and unacceptable," Councilmember Mike Bonin said at the meeting. "For the most part we're wasting our money." Waze, Los Angeles Establish Partnership for Data-Sharing In a new private-public partnership, the City of Los Angeles and the traffic app Waze will share data on traffic patterns and roadway conditions. The partnership will allow people using the traffic app to see alerts about hit-and-runs and abducted children, and several government departments will send Waze information about construction, film shoots, and road closures. In return, the app will send the city real-time data about traffic patterns and roadway conditions. Police officers had previously worried that the Google-owned app, which has about 1.3 million users in the city, would put police officers in danger by giving their location and allowing people to track them down.  Napa County Parks In Dire Financial Straits A new financial report brought disappointing news to the Napa County Regional Park and Open Space District: a planned expansion of the county's park and open space system doesn't have nearly enough funding and could take a century to complete unless a new tax speeds up the process. Currently, the district has enough funds to maintain existing amenities, but it only has about $100,000 annually available for expansions. Completion of the Bay Area Ridge Trail alone could cost the city $15 million. To raise the funds, the district's advisory committee is looking at the possibilities of a parcel tax, property tax, or sales taxes. "We're not trying to buy the whole county," District General Manager John Woodbury told the Napa Valley Register . "That's not the idea. But those special places that would benefit from being owned publicly, that's where we come in." Laguna Woods Begins General Plan Update The City Council of Laguna Woods agreed to begin work on a comprehensive update of the city's General Plan to map out the city's direction for the next 25 years. Estimated to cost $315,000, the update will focus on transportation, housing, land use, noise, open space, and fiscal development to provide direction on attracting and retaining industries. Adoption of the plan is projected for spring of 2017.  Rents Keep Rising News reports have recently been focusing on the state of rental markets across California. Among the highlights:  San Francisco, Oakland, and San Jose were respectively named the three worst cities nationwide for renters by Forbes. The rankings looked at the jumps in rent from 2014 to now, as well as vacancy rates, median household income, and other factors. The best cities for renters included Indianapolis, Kansas City, and Las Vegas. The influx of tech money into San Francisco shot the city's rental rates up 14.8 percent since last year, averaging more than $3,000 a month in some areas. The increase dwarfs the nationwide average of 3.7 percent. Homes in Orange County are flying off the shelves, as the city has become the fifth-fastest in the nation at selling homes. 59 percent of the homes listed through the real estate company Trulia this year came off the market in two months or less, compared with 40 percent nationwide. "Expensive markets � including many in California � have tight housing supplies because of limited construction in the face of growing demand. So homes get snapped up quickly," the report said. Report: Bay Area Ill-prepared for Superstorm Flood Waters A new report shows that, despite the persistence of drought in California, the Bay Area is extremely susceptible to a superstorm that occurs every 150 years. The study, released by the nonprofit Bay Area Council, says that flooding from this type of storm could produce $10.4 billion in economic damage, and it calls for the implementation of infrastructure projects ranging from levees to sea walls to wetlands to prepare for the storm. Eighty percent of the flooding damage from a 150-year storm would be concentrated in Marin, San Mateo and Santa Clara counties. In the Bay Area, 355,000 residents and $46.2 billion in assets are situated in areas that are susceptible, according to the report. "The drought is a function of extreme weather, but it's only one side of the coin, and we know what's coming next," Adrian Covert, policy director for the council, told the San Mateo County Times . "With this report, it shows that we can't say we weren't warned, and the time to prepare is now." The last major storm of this type occurred in the Great Flood of 1862, when 34 inches of rain fell on San Francisco in about a month.  BART May Seek 2016 Property Tax Increase  Officials at Bay Area Rapid Transit are considering putting a property tax increase on the 2016 ballot to fund badly needed upgrades to the system, according to Daniel Borenstein at the Contra Costa Times. The district is expecting operating shortfalls of $35-50 million in the years 2018-2024 due to costly employee compensation, and it lacks money to replace or improve 306 of its train cars. All in all, the district estimates that it would need about $4.8 billion in the next 10 years. However, with a tax increase requiring two-thirds of voters' approval, Borenstein warned that such an effort could torpedo the upgrades, and possibly even other unrelated transportation improvements. "Making matters worse, the district is aiming for the same presidential election ballot that Contra Costa Transportation Authority officials are eyeing for a measure to double their current half-cent sales tax for road and transit improvements," Borenstein told the Contra Costa Times . "By loading up the ballot, BART risks dividing the more fiscally conservative, tax-sensitive suburban vote between the two measures and killing both." PPIC Establishes Water Policy Center Amid the state's worst drought, the Public Policy Institute of California is launching a $9 million Water Policy Center with funding from the S.D. Bechtel, Jr. Foundation. The center will be headed by Ellen Hanak and will focus on research to promote public policy that would ensure clean and reliable water supplies, build healthy and resilient ecosystems, and prepare for future droughts and floods. "If California's water is managed well, it can support a vibrant economy, society, and environment now and in the future," Hanak said in a  statement . "But we will need new approaches that are practical, evidence-based, and scientifically sound.

A NEW STUDY OF WATER SUPPLY in California provides a mixed picture. The state could meet much of the demand required by a growing population through water conservation, groundwater banking, recycling and water transfers, according to a report from the Public Policy Institute of California. However, the long-term plans of many water agencies rely heavily on the development of new supplies, especially groundwater in areas with no groundwater management policies. “Water for Growth: California’s New Frontier” by Public Policy Institute of California Research Fellow Ellen Hanak recognizes what many water experts have said for years — the era of constructing large dams and aqueducts is over. Instead, water suppliers will have to be more creative in managing limited water supplies. According to the PPIC report, California is expected to add 14 million new residents by 2030. If current water use trends prevail, the state would need an additional 3.6 million acre-feet of water to provide for population growth. And that projection might be low because about half of the state’s population growth is expected to be in the Sacramento region, the San Joaquin Valley and the Inland Empire — locations where single-family houses predominate and more than half of water is used for landscaping. Hanak was encouraged to find that a little more than half of planning agencies participate to some extent in utility planning and in regional water policy groups. She also reports that compliance with SBs 610 and 221 — 2001 legislation requiring proof that water will be available for large developments —is quite high. Hanak was less upbeat about mandatory urban water management plans. She found that one-sixth of agencies did not submit required plans during the 2000 update cycle, and the plans of many utilities rely heavily on “paper water” and additional groundwater pumping to meet future needs. Hanak makes four recommendations: • Strengthen long-term water planning, in part by giving land use planners more say. • Streamline project-level water adequacy reviews by improving long-term planning documents and finding ways to pay for new water supplies. Hanak also recommends charging developers impact fees to fund water development. • Realize the potential of water conservation, in part by charging higher rates to the biggest water users. • Consolidate progress in groundwater management because overdraft is a serious problem in some areas. Hanak further recommends that the state withhold new water supply permits from local agencies that do not manage water responsibly. The PPIC report is available at www.ppic.org HOUSES IN FRESNO will have water meters. In July, the city approved a 40-year contract renewal with the U.S. Bureau of Reclamation for the delivery of 60,000 acre-feet of water from the San Joaquin River. The deal requires installation of water meters at all single-family houses in the city by 2013. Only about 25,000 of the city’s 105,000 houses have meters, and the city has never billed homeowners anything but a flat rate. However, both state lawmakers and federal officials insist that the days of meter-less water use in Fresno had to end so that homeowners would be encouraged to conserve. Retrofitting existing customers with water meters is estimated to cost at least $50 million. Commercial and multi-family developments already have meters. RECONSTRUCTION OF THE BAY BRIDGE is again moving forward now that Gov. Arnold Schwarzenegger has signed a bill that addresses funding of the $6.3 billion project. Under the deal spearheaded by state Senate President Pro Tem Don Perata (D-Oakland), the state will provide an additional $630 million for the project. Tolls on all bridges in the Bay Area except the Golden Gate Bridge will increase by a buck to $4 in 2007 to raise another $800 million for the project. Caltrans will keep the single-tower suspension design that has caused much consternation. The 1989 Loma Prieta earthquake caused a section of the Bay Bridge’s eastern span to fail. Caltrans has retrofitted the western span and plans to replace the eastern span. However, the project stalled last year when the state received only one bid, at double the expected $740 million cost, for the suspension tower (see , October 2004). Nearly a year of negotiations, which added an estimated $400,000 per day to the project cost, resulted in the deal signed by Schwarzenegger. The re-bidding process has already begun. The project’s expected 2012 completion date would give a fourth governor a Bay Bridge photo op. Pete Wilson signed the first funding bill on the bridge in 1997. Gray Davis attended the project groundbreaking. And in July Schwarzenegger signed the latest funding bill with the bridge looming over his shoulder. CITY OF SANTA PAULA VOTERS will not decide on a growth-control initiative during the November 8 special election. Ventura County Superior Court Judge Steven Hintz ruled in July that Santa Paula City Clerk Josie Herrera was correct to disqualify the initiative because signed petitions did not include the ordinances that the initiative wanted to amend. The proposed initiative would have put to a public vote any project of more than 80 acres proposed at a higher density than allowed under the general plan. The initiative came in response to Centex Homes’ proposal for about 2,200 houses, townhouses and apartments on 2,200 acres that Santa Paula would annex. The city’s general plan now calls for about 450 houses on the site. The City Council is scheduled to consider the housing project later this year. Opponents vowed to keep fighting. A 5.8-MILE TROLLEY EXTENSION to San Diego State University opened in July — 28 years after it was first planned. The $500 million project extends San Diego’s thriving, 54-mile trolley system through Mission Valley, providing an alternative to congested Interstate 8. The line is expected to get about 11,000 riders a day, one-third of them SDSU students. THE AIR FORCE IS PROPOSING to reduce the cleanup of groundwater contamination at the closed McClellan Air Force Base, according to the . Sacramento County fears that the reduced cleanup could substantially set back reuse of the 3,000-acre base as a business and industrial park. The military has been pumping and treating tainted groundwater at McClellan for two decades. The new proposal calls for shutting down extraction wells. Instead, the military would only take steps necessary to contain pollution within the base boundaries. The change would save about $600 million, but it still needs approval from the U.S. Environmental Protection Agency. TWO SAN DIEGO CITY COUNCILMEN were convicted in July in a federal corruption trial. According to prosecutors, Councilmen Michael Zucchet and Ralph Inzunza accepted $23,000 in campaign contributions from the owner of Cheetahs adult nightclub. They were convicted of conspiracy, wire fraud and extortion. Also convicted was Lance Malone, a former Clark County, Nevada, commissioner, who went between the Cheetah’s owner and the San Diego councilmen. Zucchet, Inzunza and Councilman Charles Lewis, who died while under indictment, tried to ease the city’s “no touch” rule for nude dance clubs. The scheme also involved closing down a Cheetahs competitor and amending the city’s zoning code to make it more difficult to open new adult businesses. Zucchet, Inzunza and Malone have maintained their innocence and vowed to appeal. Sentencing is scheduled for November. THE MARIN COUNTY GRAND JURY has criticized the county’s planning process as “unclear, convoluted, time-consuming and costly.” The Marin Community Development Agency got the grant jury’s attention last year when there was controversy over a 6,500-square-foot house in Greenbrae that was originally permitted for only 3,950 square feet. The grand jury found flaws in the agency’s code enforcement, building inspection and planning practices. The county, however, has already undertaken steps to improve the system, according to officials. The county has adopted new design guidelines for single-family homes, added planners and revised various procedures.

What has been possibly the longest-running general plan controversy on record appears to have concluded on August 31, when a Sacramento County Superior Court judge accepted a revised environmental impact report for a new El Dorado County general plan. The judge’ decision gives the county a legal general plan for the first time since 1999. After a seven-year process with multiple political swings, the El Dorado County Board of Supervisors adopted a new general plan in 1996. A collection of homeowners and environmental groups sued, arguing that the plan’s EIR was inadequate. A Sacramento County judge agreed in an early 1999 decision that eliminated the county’s ability to approve discretionary projects (see , March 1999, March 1996). Last year, the Board of Supervisors approved a slightly revised general plan and a new EIR. The plan survived a referendum in March of this year (see , April 2005). The county then returned to court, where it won Judge Gail Ohanesian’s blessing. The county intends to begin processing applications again this month. An appeal of the decision is likely. The case is , Sacramento County Superior Court Case No. 96CS01290. In a controversy nearly as old as El Dorado County’s, a federal judge has stalled a proposed giant garbage dump in Riverside County near Joshua Tree National Park. In late September, U.S. District Court Judge Robert Timlin rejected the Bureau of Land Management’s study of a proposed land swap with Kaiser Ventures, which first proposed the Eagle Mountain landfill in the late 1980s. Kaiser now has a deal with Los Angeles County, which intends to purchase the landfill site from Kaiser for $41 million. Kaiser and the BLM propose swapping approximately 2,500 acres owned by the federal government for a like amount of property Kaiser owns elsewhere in the desert. Judge Timlin found that the BLM did not fully consider alternatives to the land trade, failed to adequately analyze the project’s impacts on national park visitors and bighorn sheep, and did not consider the increased number of predators that that landfill may lure. The proposed garbage dump has withstood extensive state court litigation and political controversy (see , June 1999, April 1996, November 1994; , October 1997; , November 1992). However, environmentalists have continued to fight the project vigorously. San Diego County has sued the City of El Cajon over two proposed development projects — a Home Depot and an 11-lot residential subdivision. Pointing primarily to traffic, the county argues that the environmental reviews for the projects are inadequate. But city officials question whether the county is trying to halt the city from annexing the properties because development within the city limits would deprive the county of a new traffic impact fee. “We’ve never had the county jump on us, and I’ve been with the city for 32 years,” El Cajon Community Development Director Jim Griffin said. “Now we have to pay money to defend lawsuits, and applicants are hung out to dry.” The Home Depot project on East Main Street has been particularly controversial. The city certified an EIR in 1999, but later that year rejected the development. This time around, the city used the six-year-old EIR but added an addendum to address traffic, air quality, noise and other issues. Neighbors remained opposed and they got support from county Supervisor Dianne Jacob, who testified against the project. With both projects now in court, the San Diego County Local Agency Formation Commission has put the annexations on hold. The salamander wars continue unabated in Central and coastal California. In a victory for environmentalists, U.S. District Court Judge William Alsup ruled that the Santa Barbara County and Sonoma County populations of California tiger salamander qualify as endangered. The U.S. Fish and Wildlife Service (USFWS), which granted the amphibians Endangered Species Act protection only after earlier litigation, had downgraded the two salamander populations from endangered to threatened. Alsup determined that the agency “did not supply any scientific evidence” for the downgraded status. The case is , No. 04-04324. The listing has been particularly controversial in Sonoma County because of the potential for slowing development and wine-growing activities (see , July 2004). Federal officials have proposed designating 74,000 acres near Santa Rosa as critical habitat for the salamander. In a victory for development interests and landowners, USFWS released a new map of critical habitat for the Central California and Santa Barbara County populations of the tiger salamander. The map covers 199,000 acres in 19 counties, but contains only about half as much territory has an earlier proposed critical habitat designation. In its final decision, USFWS eliminated from the critical habitat designation 12 census tracts in Alameda, Contra Costa, Fresno, Monterey, San Benito and Santa Clara counties because of the economic impact the designation would have had. A pair of 53-story hotel and condominium towers proposed for the Capitol Mall in Sacramento has received the Sacramento Planning Commission’s approval. At 615-feet, the towers would be the tallest structures in Sacramento by nearly 200 feet. Proposed by developer John Saca for Capitol Mall at Third Street, the buildings would have a hotel on the lower floors and at least 700 condominiums on the upper stories.

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.