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- Court Rules Recall Petitions Need Not Be Circulated in Multiple Languages
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.
- CP&DR News Summary, January 28, 2013
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.
- Orange County Moves Forward Wth Great Park
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
- Governor Says Yes to Some Land Use Legislation
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.
- Coachella Valley Species Plan In Doubt
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.
- CP&DR News Briefs, May 23, 2016: Rail to Santa Monica; Loss of Natural Lands; High-Speed Rail Delay; and More
Marking a major expansion of Los Angeles’ rail network, Phase II of the Exposition Light Rail Line, from Culver City to Santa Monica, officially opened Friday, May 20. The extension realizes a long-sought goal of connecting downtown Los Angeles to the beach; the two combined phrases make the trip in 46 minutes. The Los Angeles County Metropolitan Transportation Authority and other backers hope that the line will attract commuters who would otherwise travel on the heavily congested Interstate 10. It is also hoped that by reaching into the region’s affluent Westside the line will attract discretionary riders. Metro estimates that 64,000 riders will use the line daily by 2030. Built at a cost of $1.5 billion, Expo Line Phase II is one of several rail projects underway in Metro’s current construction plan. the design of the line has drawn criticism for having too many at-grade street crossings – 29 – and for not having signal priority in the City of Los Angeles. With the opening of Expo Phase II, Metro now operates over 100 miles of subway and light rail lines. (See prior CP&DR coverage here and here .) Report Describes Loss of Natural Lands in Western U.S. A new report called The Disappearing West , published by Truckee-based non-profit research group Conservation Science Partners, charts the transformation of the west’s natural lands by new subdivisions, roads, oil and gas production, agricultural operations, and other human developments. Between 2001 and 2011 nearly 4,321 square miles were developed in the 11 western states, with California losing the most natural land. They calculated every 2.5 minutes the West loses an area of natural land the size of a football field, that equates to a loss of over 430 square miles annually. Among California counties, San Bernardino lost the most land – 60,000 acres – followed by Riverside, Kern, Los Angeles, and San Diego counties. The report also found that only 12 percent of western land is protected as parkland or other type of preserve; California has the highest percentage of protected land in the West, at 24 percent. Completion of First Segment of High Speed Rail Pushed Back to 2022 The first segment of California High Speed Rail originally scheduled for completion in 2018 will not be done until 2022 according to revised contract with the federal government. The contract confirms that federal funds may be still used for the project even thought it is behind schedule. The delay has provided fuel for opponents of the project. Supporters say the delay reflects more ambitious plans and an improved vision, and they blame farmers and not-in-my-back-yarders for holding up construction with lawsuits and other protests. The Obama administration has given CHRSA an extension for the use of federal funds. The authority has 15 months to spend $2.5 billion from the federal government, but many feel the funds will still be spent after the deadline. Meanwhile, CHSRA has promised up to $500,000 each for cities including La Mirada, Norwalk and Santa Fe Springs to fund economic and environmental impact studies for the network’s eventual extension into Orange County. Friant Study Area Put in ‘Limbo’ by Fresno County Supervisors Fresno County supervisors voted , 5-0, to keep the Friant Corridor Study Area, a 5,364-acre section of land along the San Joaquin River between Fresno and the town of Friant, in limbo or “set aside.” While some groups are interested in developing the land, others, primarily environmental groups, say there is inadequate water available for development. A more complete study will now have to be done to include potential water supply sources. Twice the Fresno County Planning Commission has rejected the Friant Corridor Study. Developers Quad Knopf are interested in six “opportunity sites,” which include six percent of the study area. They are interested in expanding Lost Lake Recreation Area, kayak and canoe rentals, recreational fields, restaurants and convenience stores. Quad Knopf is not interested in residential development and thus did not complete an exhaustive comprehensive study including water supply. American Planning Association Launches Planning Assistance Program California Chapter of American Planning Association has launched a program that would offer planning assistance to financially constrained cities throughout California and Baja California. The Community Planning Assistance Team (CPAT) helps educate the community, engages and empowers the municipalities. Participants may qualify for AICP credit and team members help with short-term and future planning. The evaluations for pro-bono assistance consider community need, potential positive impact and community readiness in terms of local leadership and community support. The community then reimburses team members for transportation, food, overnight accommodations and facilities and materials to undertake the project. The program is based on a similar programs in Illinois, Washington, and New Jersey. Study Shows Shortage of Funding for Bay Area Transportation Projects Transportation research firm Trip has released a study indicating that the Bay Area’s transportation projects are severely underfunded. Of the 20 most critical projects, only three have full funding, 11 have partial funding, and six won’t get any funds until 2020. Trip ranked the top 20 projects green, yellow or red depending on their funding. Projects receiving yellow ranking is seismic retrofitting of the Golden Gate Bridge, MTC’s planned express lane and BART extension to downtown San Jose to name a few. Red, or projects with severe underfunding, are the Caltrain extension, BART improvements, Interstate 680 interchanges and Highway 152 realignment and widening. They also looked at projects in Sacramento, San Diego and Los Angeles. Innovative Developer Tapped to Revitalize Downtown Garden Grove The Garden Grove city council unanimously approved a project intended to transform the downtown of the suburban Orange County city into a walkable business-friendly area. Little American Business (LAB) Holdings, owned by Shaheen Sadeghi , are the developers behind the widely acclaimed Anaheim Packing House and Costa Mesa’s The Lab. LAB is purchasing 17 parcels, including 12 single-family homes, downtown and plans to convert each into an art gallery, brewery, yoga, or coffee shop. The plans call for preservation of buildings’ historic elements. Some in Garden Grove say that the city has not sought enough public input into the project and have expressed concerns about displacement. Oakland Adopts Impact Fees on New Market-Rate Units Oakland is adopting impact fees on new market-rate housing units to provide funds for transportation, infrastructure and affordable housing. The City Council approved the fees, 7-1, which mirror those in neighboring cities Emeryville and Berkeley. The city is divided into three geographic zones with different fees for the different areas. The lowest fees starting in September is $750 per market-rate unit is in the area east of 23rd Avenue (including Coliseum City) and the highest is $7,000 in downtown, uptown and Lake Merritt. The fees are designed in part to encourage developers that include affordable housing in their projects, as they would be exempt. However, many residents worry that the fees are too low and not phased in quickly enough to push for change. (See coverage of rent control this month.) Los Angeles County Seeks Tax for Homeless Services The Los Angeles County Board of Supervisors voted to pursue a “millionaires tax” that would pay for housing and services for the homeless. Additionally, the supervisors will look at the $1 billion per year the county spends on homeless single adults on things like emergency medical care, mental health treatment, cash assistance and incarceration. Both propositions would need two-thirds approval from voters, and the millionaire’s tax would need a change in state law because the county does not have the authority to increase income taxes. Meanwhile, The city and county of Los Angeles passed plans to approve $150 million in funding to reduce homelessness. The state is considering a $2 billion in bonds to build 10,0000 to 14,000 units for mentally ill homeless people statewide. Unlike the millionaire’s tax, the proposal to look into spending on homeless services was unanimously approved. Updates & Quick Hits The Concord City Council voted unanimously to approve Lennar Urban to develop the Concord Naval Weapons Station despite accusations about an unfair bidding process and objections from residents. Orange County Transportation Authority will be cutting bus routes with low-ridership starting June 12 but majority of reductions take place in October. For June, route 172 and 173 between Costa Mesa and Huntington Beach will be eliminated, and Route 178 on Saturdays from Huntington Beach to Irvine. The 91/Perris Valley Line (91/PV), which will extend Metrolink service on the 91 Line, will begin operations June 6. It is the first extension of Metrolink since the Antelope Valley Line was built in 1994. The extension will extend 24 miles from the Riverside to South Perris and add four new stations. The extension cost $248 million and will serve approximately 4,000 riders a week. UCLA Professor of Regional and International Development in the Department of Urban Planning Michael Storper received the Royal Medal from the Royal Geographical Society for his “leadership in human and economic geography.” His research focuses on urban economies, with a focus on California. Airbnb estimates it brought in $920 million into the Los Angeles economy last year. The national Hotel and Lodging Association says does not account for the loss in affordable housing and stable communities. The city is working on whether to tax guests or adopting rules and regulating hosts. Enough signatures have been collected to place an affordable housing measure, Build Better L.A. , on the November citywide ballot. The measure would compel real estate developers to provide affordable housing for larger projects that seek exemptions from city planning and zoning rules. Two Chargers fan groups are asking San Diego visitors to boycott three hotel chains that are they say are opposed the proposed stadium-convention complex in downtown San Diego . The groups say they are following the money and want transparency for campaigns and projects. (See prior CP&DR coverage .) What was an ongoing debate in San Diego has finally been put to rest. The city’s Climate Action Plan is enforceable to the extent required by CEQA, according to City Attorney Jan Goldsmith. The 3,000-unit Parkmerced development in San Francisco is encouraging residents to take public transportation or ride-hailing services by offering $100-a-month credit. It is assumed to be the largest such developer-sponsored program in the state, and supporters are hailing it as a model for incentivizing the use of alternative transportation modes.
- CP&DR News Briefs, June 13, 2016: Promise Zones for L.A., S.D.; Changes Coming to Ventura's SOAR; New Tool for Analyzing Housing; and More
South Los Angeles and a section of San Diego south of downtown have been designated federal Promise Zones . Instituted in response to the recession of the late 2000s and administered by the Department of Housing and Urban Development, the designation enables the country’s neediest neighborhoods to receive competitive federal grants to tackle poverty-related issues. This is the third round of designations; there are now 13 urban Promise Zones nationwide. Promise Zones are usually evaluated on number of empty foreclosed homes. After multiple unsuccessful applications, South L.A. won the designation in part because of high rates of multiple families living in a single apartment and one of the worst homelessness rates in the country; in San Diego’s Promise Zone, the youth unemployment rate of 40 percent was cited as a reason for the designation. Los Angeles is the only city to have two designations within its boundaries, with another area designated in 2014. Since the first designation, Los Angeles has secured nearly 30 grant awards in more than $100 million for education, workforce development, healthy food access and economic opportunity. Initiative Would Significantly Revise Ventura County Open-Space Policy A proposed initiative in Ventura would weaken the existing open-space laws that were approved in 1995 and 2002. The Save Our Agricultural Resources (SOAR) and Hillsides Voter Participation Area ordinances were put in place by voters in order to give them a say in whether farmland could be converted into other land uses. Now, SOAR staff is updating its plan to include unincorporated county and assorted city measures. Opponents to the staff initiative have collected 30,000 signatures to place a new initiative, Sustain VC, on the ballot. The Sustain VC initiative would require voter approval to develop farmland and open space in unincorporated county, as well as designate up to 225 acres for food processing plants and rezone farm parcels. UC Berkeley Releases Tool for Analyzing Housing Supply Statewide The Terner Center for Housing Innovation at UC Berkeley released a new Housing Development Dashboard , an interactive platform to allow stakeholders to easily understand and interact with land use measures and market conditions for housing production. The Dashboard was designed in response to the state’s housing affordability crisis with an eye towards evaluating the supply of housing statewide. The Dashboard is designed to simulate a variety of housing strategies and outcomes: Will a higher level of inclusionary housing stall production? How much more housing would get built if we streamlined the approval process? The Dashboard was built on multiple data sets and default assumptions about economic factors that influence housing production. Next the researchers assessed how various policies change the cost of development. Currently the system has a Development Calculator and Policy Gauge, although the latter is only developed for four Bay Area cities. Senate Approves Reconstitution of SCAQMD Board The state Senate approved a bill to add three state-appointed environmental justice members to the South Coast Air Quality Management District board. SCAQMD has come under fire for becoming more business friendly after the transition to the panel’s Republican majority, according to Senate Leader Kevin DeLeón (D-LA). This was evidenced by the SCAQMD vote, which fell along party lines, 7 Republicans opposed and five Democrats and one independent in favor. This bill would expand the board from 13 to 16 members, with the three new representatives appointed by the governor, Senate Rules Committee, and the Assembly speaker. Currently there are 10 locally chosen members and three state appointees. SCAQMD is in charge of improving air quality for 17 million residents, with an area that currently has the worst smog in the nation. Survey Gauges Los Angeles Voters’ Attitudes towards Transportation Options In anticipation of a major transportation measure on the November ballot, Los Angeles-based transportation advocacy group Investing in Place released results of a survey of L.A. County voters and their priorities related to transportation funds. The survey found strong voter approval for using tax revenue from the potential L.A. County Transportation tax to fund alternatives to driving, and especially for investing in projects that improve walkability throughout the county. There is strong support for spending funds on freeways, rail transit and bus service, more voters are interested in methods that are alternatives to driving. For instance 83 percent of voters said they would be in favor of using funds to make it easier and safer for children to walk or bike to school. Additionally it is estimated that 19 percent of all trips in L.A. County are walking or biking, while those methods of transportation represent 39 percent of those killed in traffic collisions. Making alternatives to driving safer and improving sidewalks must be priorities for Los Angeles County. Feds Approve Redevelopment of L.A.’s Jordan Downs The City of Los Angeles has received federal approval to demolish and transform the 49-acre Jordan Downs, a public housing project in Watts that has been plagued with problems for generations. This revitalization will happen in multiple phases. The first phase, beginning this year, includes a public-private effort led by HACLA to rebuild 250 units of new affordable housing, 120,000 square feet of retail, nearly two acres of park space and an expansive community center. In later phases, there were will be additional public amenities and total 1,410 units of housing (both affordable rental and ownership). Updates & Quick Hits The San Francisco Planning Commission voted, 4-3, to reject a ban on chain stores on Polk Street after a proposed Whole Foods caused an uproar among residents. Planning commissioners said zoning should be amended to permit some retail establishments in while imposing restrictions on developments opposed by residents. Documents filed this week by state and federal officials assert that the proposed $17 billion Delta tunnels will not divert Northern California’s water to Southern California. Public hearings will begin end of July, with the first set dedicated to water rights and the second round on tunnels’ impact on the environment. California Coastal Commission Chairman Steve Kinsey will recuse himself from voting on the proposed Newport Banning Ranch project because of previously undisclosed private meetings with developers. Notices of ex-parte meetings must be filed within a week of the meeting; Kinsey failed to report two separate meetings last year. The Los Angeles City Council voted , 12-0, to provide $198.5 million in subsidies and loans to Related Cos. to build a mixed use development consisting of two towers across from Walt Disney Concert Hall. The Santa Barbara County Planning Commission approved , 5-0, a farm-labor housing camp west of Orcutt. The Curletti Farm Employee Housing Project included 30 bunkhouses, common buildings for cooking, dining and laundry for Betteravia Farms which grows produce on 9,000 acres. Developers John Leung and Jean Lang, who had been developing a $1 billion, 65-acre El Monte Transit Village, are facing three counts of bank fraud and seven counts of making false statements to a federally insured institution. The city of El Monte is suing the two for forging signatures to obtain loans and lines of credit and both were arrested in 2009 for forgery, embezzlement, grand theft, burglary and fraud but charges were filed last week. The San Francisco Board of Supervisors voted , 10-0, to approve legislation that would require short-term rentals to post listings only if the resident is registered with the city, or face daily fines up to $1,000.
- CP&DR News Briefs, May 30, 2016: Carbon Auction Falls Short; March AFB Governance; Sacramento Light Rail May Contract; and More
In a possible blow to High Speed Rail and climate-change programs like the Affordable Housing and Sustainable Communities grant program, the most recent cap-and-trade auction fell short of expectations. Only 2 percent of carbon credits were purchased -- 785,000 of the 43 million offered, all sold at the floor price of $12.73. The Department of Finance had anticipated revenues of $2.4 billion for the fiscal year. Three previous auctions met expectations, resulting in a total of $1.8 billion for the year. The rail authority was expecting $150 million and received $2.5 million from the $10 million that was generated last week. Some analysts suggest that emitters of carbon dioxide have cut back on emissions more than anticipated. Other reasons for the low turnout are because there is less need for credits, litigation may overturn the entire system and volatility by speculators in a secondary trading market. There is a $500 million reserve set up for volatility that could help close the gap, which will be decided on by Gov. Jerry Brown and the legislature. Riverside to Reconsider Governance of March Air Base Riverside County supervisors are sponsoring a measure to ask the Board of Supervisors to restructure the March Joint Powers Authority, which in 1993 was tasked with overseeing the transition from military to civilian use. The former March Air Force Base is significantly smaller now and does not need the annual $600,000 subsidy. The remaining land would be parceled equally among the three cities: Riverside, Moreno Valley and Perris. The JPA will still exist but its role would be as airport authority, overseeing civilian use of the March base and promoting base’s importance in case of downsizing or elimination by Congress. Disbanding the JPA has been considered before and failed, but the supervisors are more hopeful because the vision and most land has been developed. Sacramento May Shut Underperforming Light Rail Segment Sacramento Regional Transit is considering closing the Green Line to North Natomas and Sacramento International Airport indefinitely, after costing $44 million and operating for four years. This line averages only 440 boardings a day and costs $330,000 annually. Transit officials had hoped housing developments in the areas the Green Line served would come online more quickly. Another option, instead of closing a line, would be having every few Gold Line trains make the entire Green Line loop . Final decisions will be made in June, and the cuts would take place January 2017. RT has suffered from low ridership, increased costs, and less state and federal transportation funding. Fares were increased by 10 percent, making tickets the most expensive in the state. Lawsuit Filed by Critic of Inglewood Football Stadium Barbara Ohno, a former accountant for the city of Inglewood, is filing a lawsuit against Mayor James Butts and other officials because she claims to have been let go for “whistle-blowing” on alleged financial and accounting irregularities during the city’s pursuit of an NFL team. She says the city “engaged in faulty financial and accounting practices, fraudulent regulatory reporting, and reclassification of costs to depict a favorable, but false, financial picture.” City representatives say Ohno was a probationary employee released before completing her probationary period and that the city was never required to present financial data to the NFL. Los Angles May Subsidize Grand Avenue Project The City of Los Angeles may offer a financial aid package of $198.5 million over 25 years to Related Cos. to support the completion of the long-awaited Grand Avenue Project. Related put $50 million into constructing Grand Park and opened Emerson, a luxury apartment building nearby, two years later. Now, a pair of hotel and residential towers are planned across from Walt Disney Concert Hall but the funds are short. The proposed funds would help Related finish constructing a four-star hotel, 429 residential units, restaurants and stores on Grand Avenue. Related would be able to keep half of the taxes generated for the city. This subsidy package represents half of the funding gap, which an analyst says is so high because of the decision to hire Frank Gehry as the architect. City Council will vote on the proposal next week and construction on the towers will begin next year. Los Angeles Sponsors Competition for Innovative Urban Solutions Los Angeles Mayor Eric Garcetti has announced the first Mayor’s Cup, with a $25,000 prize, for innovative solutions for promoting entrepreneurship, preserving affordable housing, supporting small businesses, and beautifying vacant and blighted spaces. The program is soliciting proposals from student entrepreneurs and local academics to incentivize creativity. Submissions must solve one of eight challenges posed by the program. Finalists will pitch ideas to panel of business and government leaders; grand prize winners will work with City Hall for eight weeks to bring their proposals to life. Applications are due Oct. 15 and finalists will be announced early November. San Francisco Competes for ‘ Smart City’ Grant San Francisco is one of seven cities pitching a transportation vision to U.S. Department of Transportation for a $50 million “Smart City” grant. The San Francisco plan includes Mayor Ed Lee, SF Municipal Transportation Agency, UC Berkeley, Google, Uber and Lyft. The plan includes autonomous buses, shared bikes, Uber and Lyft vehicles and parking structures converted into green space or affordable housing. The entire system would be available using a single smartphone app. More than 40 companies have pledged a combined $99 million should they receive the federal grant. This new system would improve safety, reduce greenhouse gas emissions and allow people to travel anywhere in the city in twenty minutes or less. The project will be implemented in three-year phases over the next decade. Quick Hits & Updates Madera County is creating a Department of Water and Natural Resources to streamline services for residents, ensure groundwater management, and deal with supply, quality and storage. Julia Berry, former executive director of Madera County Farm Bureau, is the new director of the department.A judge approved the Metropolitan Water District’s purchase of 20,000 acres in the Sacramento-San Joaquin River Delta. San Joaquin and Contra Costa counties asked the Superior Court to block the purchase arguing about the potential harm to the delta.In one of the largest commercial deals in recent memory in San Francisco, the Planning Commission approved two mixed-use towers totaling 2.3 million square feet in the Transbay district in South of Market. One tower is 850 feet with residence and offices and the other is 605 with residences and a hotel. City officials say the project supports walkability, increased public transit and restores historic buildings on site.KaBOOM! announced its 2016 Playful Cities USA that make it easy for kids to get “balanced and active play in their neighborhoods.” Out of the 257 communities that were recognized, 30 are in California. San Francisco and Kerman have been recognized as honorees ten times.The ongoing lawsuit on Bakersfield’s Centennial Corridor project must return to court earlier than expected because demolition contractors began dismantling vacant structures. The group suing, Concerned Citizens About Centennial Corridor, is asking for a preliminary injunction against further work on the project before the June 3 court date.The Del Rey Oaks city council unanimously approved a would-be ballot initiative clearing the way for the development of a 54-acre RV park in the city. It is believed to be the first time the “Tuolumne tactic,” which enables a council to pre-empt a popular vote without CEQA review, has been used on a project that small.
- CP&DR News Briefs, January 12, 2016: Legislators Issue Homeless Proposal; Warriors' Arena Draws Suits; Sacramento Considers Greenway; and More
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.
- CP&DR News Briefs June 20: Sacramento Rail Yards EIR, LA Metro Plan, and More
The City of Sacramento released a preliminary environmental impact report for a new version of the long-discussed redevelopment of its downtown rail yards. The EIR describes a dense neighborhood of up to 21,000 residents on the 244-acre site, with residential structures ranging from five stories to 15. Included in the plan is a Kaiser Permanente medical campus, a 25,000-seat soccer stadium, a 1,100 room hotel, and 3.9 million square feet of office space. The plan is designed to discourage the use of cars, by having offices and light-rail stations nearby. The 3,700-page EIR identified expected traffic problems, need for new schools, appropriateness of proposed 450-foot riverfront residential towers, noise and light pollution, as well as the potential use of the transit. Much of the issues are related to the stadium and potential for noise and light pollution and increased traffic before sold-out events. Additionally, the site already has soil and groundwater pollution that must continue to be filtered and cleaned. Construction is estimated to begin in 2018 and will take several decades. L.A. Metro Revises $120 Billion Expenditure Plan The Los Angeles County Metropolitan Transportation Authority released a revised expenditure plan , to be approved by a November ballot measure, that would fund an estimated $120 billion of transit and highway projects, road improvements and pedestrian and bike paths. Titled the Los Angeles County Traffic Improvement Plan, the plan would impose permanent countywide sales tax, augmenting and extending one that was approved by voters in 2008. The Metro board will decide whether to put the plan on the November ballot at its meeting this month. A previous version of the plan had called for a half-cent sales tax that would expire in 40 years. In the revision, the agency is recommending a “no sunset” measure that would raise billions in perpetuity. This means nine projects could be accelerated for a combined 42 years earlier than previously expected and saving approximately $9.4 billion. In addition to funding major projects, the plan would return 20 percent to 88 cities across the county to fix roads, repair potholes and add bicycle and pedestrian paths. A recent survey showed 72 percent of residents were in favor of a permanent tax for sustainable transportation. The new plan would cost the average county resident about $25 more a year. Sacramento Measure B Transportation Tax Moves Forward The Sacramento County Board of Supervisors submitted Measure B for the November ballot asking voters to raise sales tax for transportation improvements. The county tax would increase a half-cent for thirty years. Seventy percent of the estimated $3.6 billion revenue would go to road projects with a “Fix It First” theme in the first five years, this includes repaving streets and filling potholes. Thirty percent would go to Sacramento Regional Transit (SRT), which operates buses and light-rail trains in the area. SRT is required to spent 75 percent of its allocation in the first five years on replacing old buses, doing maintenance and improving security, rather than expanding routes. If the sales tax went into effect, Sacramento County’s rate would become 8.25 percent and City of Sacramento 8.75 percent in April. Since the reduction in gas tax, many counties across the state are considering similar measures. Major Redevelopment Approved for Los Angeles Airport Property The Los Angeles City Council approved a major redevelopment for the northern edge of Los Angeles International Airport. The 340 acre- LAX Northside Plan Update calls for 175,000 square feet of community and civic uses and 50 acres of recreation and open space to be developed adjacent to the airport on land owned by Los Angeles World Airports (LAWA), which is a city agency. The plan is a comprehensive update of a denser land-use plan initially conceived in the 1980s. The land was acquired in the 1970s and 1980s as a buffer between the airport and surrounding residential communities. The project is envisioned as a center of employment, retail, restaurant, office, hotel, research and development, education, civic, airport support, recreation, and airport-buffer uses that support the needs of communities surrounding LAX. The plan envisions 175,000 square feet of community amenities like open space, recreation facilities, restaurants, retail space, and a campus-like office space. LAWA will oversee the implementation of the plan. Bus Rapid Transit Line to Break Ground in Fresno After years of discussion, Fresno will finally begin construction on two new bus rapid transit lines to provide faster connections from the north and east ends of the city with downtown. The system, operating on the city’s busy Blackstone and Kings Canyon/Ventura corridors, should be operational in November 2017 and will cost around $30 million. Most of the money comes from U.S. Department of Transportation grants that include new buses, reinforced bus parking areas and new shelters, modifications to traffic signals and vending machines to buy tickets. It is estimated that improvements could cut travel times in half. The Fresno system provides nearly 14 million rides annually, with 1.6 million annual passengers on the two corridors that will be upgraded to BRT. Fares will increase 25 cents next year to help pay for the new and improved system. Del Mar Seeks Dramatic Cuts to Energy Use The City of Del Mar became the second city in San Diego County to declare its goal of switching to all-renewable energy by 2035. The Climate Action Plan, approved last week, follows many of the same measures as San Diego’s in reducing city’s carbon emissions. The goal is 50 percent reduction by 2020 and 100 percent by 2035. The plan seeks to boost the number of people who commute by bike or on foot, and triple the amount of tree cover to assist in cooling and capturing carbon. Energy use accounts for 36 percent of the city’s baseline greenhouse gas emission levels and adding solar arrays and upgrading buildings to conserve energy is a major step in cutting energy. Transportation accounts for 17 percent of GHG emissions and is another focus of the Climate Action Plan. A rise in sea level would disintegrate the bluffs surrounding the small, coastal city and its streets and structures would be swamped with severe flooding. However, unlike San Diego, Del Mar’s targets aren’t legally mandated and therefore a guide and not a contract. Casino Hit with Lawsuit over Water Use Bertsch-Ocean View Community Services District in Del Norte County is suing the proposed new casino by Elk Valley Rancheria, Del Norte LAFCO, and Crescent City for not consulting with them before decided to use their water and tie into the city’s sewer treatment system via Bertsch Tract water lines. It is estimated the casino would use 60,000 gallons of water a day. The Bertsch-Ocean Community wants the decision reversed and claims the correct documentation for the proposal was not received by the city. According to the lawsuit, an EIR or Negative Declaration was not completed which means “Del Norte LAFCO abused its discretion, acted arbitrarily and capriciously.” Adding another building to existing waterlines and pumps will result in wear and tear that the current homeowners will have to pay for. Updates & Quick Hits OCTA unanimously approved $26.7 million in funding for 17 community transit circulators, such as shuttles or bus trolleys, for all the local agencies that applied. Funding went to Dana Point’s Pacific Coast Highway Trolley, Lake Forest’s shuttle service and San Clemente’s rideshare proposal to name a few. Smart Growth America released a report on foot traffic and Walkable urban places (WalkUPs). The report found that WalkUPs in 30 of the largest cities across the country now have greater market shares do car-oriented suburbs. The San Francisco Bay Area ranked sixth out of the 30; Los Angeles was 17th and Sacramento and San Diego came in towards the bottom, at 23rd and 24th. San Jose city officials have agreed to spend more than $100 million over the next decade to reduce tons of trash that flows into creeks and into the San Francisco Bay, repair miles of leaking underground sewage pipes and clean stormwater contaminated with harmful bacteria. This result comes after a lawsuit brought on by Baykeeper, a conservation group based in Oakland, claiming San Jose violated the Clean Water Act. U.S. Rep. Adam Schiff introduced a federal bill to create the Rim of the Valley Corridor in the Los Angeles area. The bill would add 193,000 acres of wild lands along the Los Angeles River to the Santa Monica Mountains National Recreation Area. The federal bill would double the size of the recreation area and increase the amount of trails, roads and facilities. Sen. Barbara Boxer is expected to introduce companion legislation in the Senate. A deal between China Railway International and a U.S. company to build XpressWest, a high-speed rail from Victorville to Las Vegas has been called off. CRI blames difficulty with federal regulatory requirements: that high-speed trains must be manufactured in the U.S. The Chinese company originally stated it would provide $100 million for the 230-mile route. (See prior CP&DR coverage .) Three counties in the Bay Area — Alameda, Contra Costa, and San Francisco --will be asked to vote on a tax to come up with $3.5 billion to repair and rebuild BART commuter rail. The measure would increase property tax bills between $35-$55 per parcel per year for 30 years. However, this measure will not pay to extend BART nor cover the cost of adding stations to the existing system, instead it will replace tracks and ties, install new electrical cables and tunnels and control rooms.
- CP&DR News Briefs, February 8, 2016: Lester Defends Record; AHSC Posts Funding Notice; Enviros Sue Over Highway Project; and More
Embattled California Coastal Commission Executive Director Charles Lester released a twenty-page memo (pdf) detailing his accomplishments and reasons for remaining in his position. Several commissioners have called for Lester's removal , citing poor job Over 17,000 letters have been received from the public, letter with 153 signatures from staff of the agency, and numerous comments from political representatives of the state in favor of Lester as director. Environmentalists and supporters of the current leader of the agency say the ousting has little to do with Lester personally, but is instead a move by pro-development groups to gain control of the Commission. The commission is expected to discuss Lester's possible ouster at its Feb. 10 meeting in Morro Bay. SGC and HCD Post Notice of Funding Availability for AHSC Program The Strategic Growth Council and the Department of Housing and Community Development announced the 2015-16 Notice of Funding Availability (NOFA) and Application for the Affordable Housing and Sustainable Communities (AHSC) Program. A copy of the NOFA is available here (pdf). Application access is available through the Financial Application Assistance Statewide Tool (FAAST); search for 2015-16 Affordable Housing and Sustainable Communities Program. Concept proposals are due via the FAAST system by 5:00 p.m., Weds., March 16. SGC is holding three remaining statewide workshops this week in Riverside, Los Angeles, and San Diego to assist applicants interested in applying for the 2015-16 Affordable Housing and Sustainable Communities program. Small group or one-on-one consultations will also be offered to interested applicants on a first come, first served basis. For more information click here. Agenda, presentation materials, and additional guidance are also available on the AHSC website . AHSC Program Staff will respond to questions sent to AHSC@hcd.ca.gov , with answers to frequently asked questions posted on both the SGC and AHSC websites on a regular basis. Inland Empire Highway Project Faces Lawsuit The Federal Highway Administration is facing a second lawsuit trying to block construction of a 16-mile, six-lane freeway connecting Perris and San Jacinto. Last May, County Transportation Commission brought the initial lawsuit, which was dismissed. The new claim is brought on by a coalition of environmental groups including Center for Biological Diversity and the Sierra Club. The proposed project will cost $1.7 billion and environmentalists argue it will increase sprawl, traffic, increase air pollution and threaten wildlife. Moreno Valley Considers Massive Annexation The City of Moreno Valley is considering annexing 30 square miles of rugged, sparsely populated unincorporated Riverside County north of the city, bringing the city limits all the way to the San Bernardino County line. The move would increase the city's size by roughly 60 percent. Backers of the annexation say it would enable the city to promote hillside residential developments and development of vineyards, both of which are largely lacking in Moreno Valley currently. After the study is completed, the City Council must decide to file annexation with the county LAFCO. (See prior coverage of Moreno Valley.) Bakersfield Hires Firm for Station Area Plan The Bakersfield City Council voted, 6-0, to hire urban planning and engineering firm Skidmore, Owings, and Merrill to design a station area plan for the High Speed Rail project. The Rail Authority is studying two alignments through Bakersfield: one that would bring the train along the Union Pacific tracks through the middle of the city, or one paralleling the Burlington Northern Santa Fe route north of downtown. The conceptual alignment, along the Union Pacific tracks, would require taking of fewer land parcels but could hurt Kern County's chances of receiving a heavy maintenance facility for the train and the station would not be located in downtown Bakersfield. Bakersfield Planning Director Jacqui Kitchen told the Californian that the city wants "to make sure we get as much functionality out of this effort as we can, and that it's a process that really results in something that is useful regardless of whether the station is built or not." Dam Removal on Klamath May Proceed In the wake of a partisan congressional impasse, PacifiCorp has announced that will proceed with removal of four hydroelectric dams on the Klamath River in Southern Oregon/ Northern California. While many groups, including the states of California and Oregon, have long sought for the removal of the dams, PacificCorp's current proposal would exclude habitat restoration and other provisions of the Klamath Agreement. That agreement, made between farmers, tribes and environmental, promises habitat restoration and a reliable supply of water. PacifiCorp will contribute $200 million and Gov. Jerry Brown has proposed an additional $250 million. Farmland Group to Preserve Land on S.F. Peninsula Palo Alto-basd nonprofit Peninsula Open Space Trust (POST), has announced it will spend $25 million over the next ten years to preserve farmland between Pacifica and Santa Cruz County. The group will purchase private property, and resell it at a 90 percent reduction to farmers, with conservation easements in place to ensure that it remains arable. The area has lost an estimated 200,000 acres of farmland since 1984, with farmland in San Mateo County now among the most expensive in the nation. The program is intended to halt developments of hotels, golf courses, and second homes on the Pacific Coast while tripling the acres of protected farmland. Eyeing up to 2,250 acres, POST hopes to promote organic crops and conventional growing, while allowing Bay Area restaurant and markets the option to purchase local produce. Veterans Administration Releases Plan for L.A. Campus In a move to address the growing homeless crisis in Los Angeles, a master plan has been released for converting a neglected West Los Angeles Veterans Affairs campus into a residential community with 1,200 permanent units for disabled and traumatized veterans as well as 700 short-term units. The proposal includes a village for women who have suffered sexual trauma, gardens, theaters, sports fields, gym facilities as well as recreation centers for non-homeless veterans. Mayor Eric Garcetti vowed to house all homeless veterans by the end of this year, and a recent survey suggests there are fewer than 800 homeless veterans in the city, down from over 2,000 the previous year. The development would be on VA land, financed with public and private funds. S.F., Sacramento Rent Increases Tied for Second Nationally San Francisco and Sacramento are tied for the second-highest rent increases in the country last year. Their 10 percent increases rank second, beyond only Portland, with 14 percent. The analysis from Yardi Matrix, shows in Sacramento "renter by necessity" appreciated 0.8 percent in the last three months while "lifestyle" renters dropped by 0.5 percent in the same time period. The difference between the two groups is those who cannot afford to own, such as younger adults or lower middle-income groups, and those that choose to rent because of location or preference. Sacramento's rise in rental prices is a result of the limited supply of available units, the ratio of new units to overall is 0.7 percent, lowest among the top 30 markets. High Speed Rail Commission Names New Members The nine-member board of directors for the California High-Speed Rail Authority has gained two new members. Lorraine Paskett, a Glendale attorney and CEO of Cambridge LCF Group is a consultant on energy, water and environmental issues. She replaces James Hartnett of Redwood City who became general manager of Caltrain in March 2015. Assembly Member Bonnie Lowenthal (D-Long Beach) replaces authority vice chairwoman Thea Selby. Lowenthal was a member of the Long Beach Unified School District and City Council before her election to the state Assembly in 2008. Gov. Jerry Brown will appoint the final member.
- CP&DR News Briefs July 18, 2016: Cap-and-Trade Extension; L.A. Tenants' Rights; Coastal Commission Lawsuits; and More
The California Air Resources Board released a plan that would continue the cap-and-trade program past the 2020 expiration date to 2050. The program has been instrumental in Gov. Jerry Brown’s plan to cut emissions by major companies. Money from the program pays for the high-speed rail, electric car subsidies, the sustainable communities programs by the Strategic Growth Council, and many programs in disadvantaged communities. The new plan would provide links with a similar program in Canada, align with federal clean power standards, and be a mechanism to meet Brown’s aggressive GHG reduction targets through 2030. The cap-and-trade program is currently facing many political and legal challenges: such as the argument that it is an unconstitutional tax because it passed in 2006 with a majority vote and not two-thirds. The new plan would increase allowance prices, to push companies to become more innovative and environmentally friendly. The vote by the ARB is scheduled for March 2017. Los Angeles Launches Tenants’ Rights Campaign Amid the City of Los Angeles’ housing affordability crisis, Mayor Eric Garcetti launched a campaign to make tenants living under the city’s Rent Stabilization Ordinance aware of their rights. Called Home for Renters, the campaign is organized through the L.A. Housing and Community Investment Department (HCIDLA). There are around 624,000 units in L.A. that are covered by rent stabilization, meaning the rent can only increase 3 percent each year. While one in two L.A. families lives in an apartment subject to RSO, only a third of those families understand the ordinance. This new campaign will close the information gap by reaching out to vulnerable neighborhoods with advertisements, door-hangers, informational pamphlets, and online resources to tenants and landlords. The campaign was designed by Garcetti’s Innovation Team and funded by Bloomberg Philanthropies which helps to find new, innovative approaches to growing concerns in L.A. communities. Lawsuits Piling Up Against Coastal Commission The California Coastal Commission is facing four separate lawsuits for allegedly illegal secret communications between developers and Coastal Commissioners. The cases, each brought by different individuals and advocacy groups, include a 1950s-era resort in Aliso Canyon, the South Silver Shoals housing project in Pismo Beach, work-live rental units for artists in Laguna Beach, and a storage facility for radioactive waste at San Onofre nuclear plant. These all involve ex-parte communications -- third-party communications between developers and commissioners that are supposed to be revealed publicly. Commissioner Wendy Mitchell allegedly had coaching sessions and private emails with the Aliso Canyon project developer. Coastal Commission attorneys say the emails were forwarded by Mitchell to the rest of the staff and therefore were properly disclosed. A similar situation occurred in Pismo Beach and Laguna Beach, with commissioners being accused of not reporting meetings with developers correctly. The San Onofre lawsuit involved 15 ex-parte communications between commissioners and Southern California Edison on location to store the radioactive fuel pellets. These cases are occurring while a law banning ex-parte communications makes its way through the legislature. Bike Share Finally Arrives in Los Angeles After several false starts over the years, the City of Los Angeles has implemented its first bike-sharing program, which aims to connect Metro bus and rail passengers to thousand of bicycles across the county. The launch of 1,000 Metro bicycles at 65 stations throughout downtown cost $11 million. The system uses the same bus or train fare card- TAP, which makes it the first bike-share program in the country being operated by a transit agency. The rental will cost $3.50 for 30 minutes and will help with commuters “first mile, last mile” connections. (See prior CP&DR coverage .) Grand Jury Slams San Diego Bike Share Program Meanwhile, the San Diego County Metropolitan Transit System is being accused of refusing to support the city’s bike-sharing program. Managed by DecoBike, the system was launched in 2013 and cost $8 million to build kiosks and other required infrastructure. A grand jury found that MTS as well as beach communities has failed to expand the bike-share program as intended. "... hile kiosks are located throughout the urban core, they are not co-located with transit stops, which is crucial to the program’s goal of solving the 'last mile' issue and connecting to public transportation," reads the May 2016 grand jury report, according to the San Diego Reader. MTS claims that concerns about safety in many of the narrow streets where trolley stations are located have stalled expansion. Mission Beach and Pacific Beach have been hesitant because of potential loss in revenue to bike and beach rental shops. DecoBike says these two types of bike rentals are fundamental different and no record of revenue loss has been shown by any shops. ARB Holding Statewide Meetings on Climate Change Action Plan The Environmental Justice Advisory Committee, in cooperation with the Air Resources Board, is holding a series of meetings across the state to hear stakeholder concerns and gather input on air pollution and California’s Climate Change Action Plan. The EJAC consists of representatives from communities most affected by poor air pollution, primarily minority or low-income populations. Input for this Scoping Plan is a requirement of AB 32, the Global Warming Solutions Act of 2006 that aims to cut GHG emissions by 40 percent. The first meeting was July 11 in San Bernardino, San Diego July 14, Oakland July 19, Wilmington July 25, South Los Angeles July 26, Fresno, Modesto, and Bakersfield July 28 and Sacramento July 29. Report: San Francisco Pursues Code Violations A San Francisco Examiner report finds that in San Francisco, building code violations are followed up by city officials more often than in most other major cities in the U.S. Violations range from lack of hot water and heat to rodents and mold. This was tracked by a report written by the Department of Building Inspection from 2012-2015. In those three years there were 36,466 housing code violations which means the housing inspector confirmed the complaint in their reports and cited the owner for the violation: 88 percent of these violations were corrected by the landlord. San Francisco has such a high percentage of correction because of the follow-up steps the department takes. The DBI looked at nearly 24 cities across the country and San Francisco was the only city that tracked its complaint online, held hearings for noncompliance and issues liens to collect outstanding penalties. Updates & Quick Hits A group of Central Valley land owners will redraft and reintroduce a proposal to divert high speed rail bond funds to water storage projects for 2018. The initiative will make domestic and irrigation the state’s highest priority for water use, giving the farmers in the Central Valley stronger legal standing. The California Urban Rivers Grant Program has opened the first round of its grant cycle. There will be five technical assistance workshops: Sacramento July 13, Los Angeles July 25, San Jose July 29, San Diego August 2, and Redding August 9. Online applications are due October 3. A proposal for a new football stadium for the San Diego Chargers gathered enough signatures to appear on the November ballot. Their initiative would raise city’s tax on hotels from 12.5 to 16.5 percent to pay for the $1.8 billion stadium and convention center. A study by think tank Transit Center found that Los Angeles will get the most return for investments through prioritizing projects serving walkable neighborhoods such as Hollywood and downtown L.A. Additionally, bus shelters are important in improving the riders experience and L.A. is lagging in installing hundreds of shelters over the last 15 years. The U.S. Department of Agriculture has given a $3 million loan to the Community Revitalization and Development Corporation that will help build 58 affordable apartments in Bakersfield intended to house migrant farm workers. Five other California cities will receive $3 million as well: Woodland, Sukiah, McFarland, Greenfield and Calexico. The City of Carson is planning to build an outlet shopping center on the former landfill site that was bypassed as the potential home of a football stadium for the Raiders and/or Chargers. The City Council voted to begin negotiations with Macerich Real Estate Co. to develop a portion of the 157-acre site. A former member of Westminster’s planning commission, Dave Phuong Dinh Vo, was arraigned on charges of soliciting and receiving a $15,000 bribe for helping a business owner get a liquor license. FBI officials investigated the case against Vo, whose charges carries a maximum penalty of 10 years in prison. The Monrovia City Council voted, 5-0, to approve a new bicycle master plan . The plan includes 3.7 miles of bike paths, 5.1 miles of bike lanes, 17.9 miles of sharrowed bike routes, and 7.1 miles for further study for protected bike lanes. AEG has proposed to build a sports and entertainment arena in the now Seaport Village in downtown San Diego. The privately funded development will cost around $1.4 billion and include three hotels, retail and restaurant space, and office space. No team has been identified for the arena, which would host concerts and other events.
