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

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

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

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

The 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.

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.

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.

ParkScore , a project of the Trust for Public Land, ranked the 100 largest U.S. cities on their needs for parks by using mapping technology and demographic data on a 0-to-100 scale. Five California cities as appear in the top 20: San Francisco with 77.5 (ranked 5 overall), Irvine 75 (8), San Diego 71.5 (12), Oakland 70 (14), Sacramento 67.5 (17); other cities fared poorly, including Stockton 40 (82), Santa Ana 38.5 (83), and Fresno 29 (97). The score, out of 100, is based on acreage (median size of parks), investments and amenities (spending per resident), access (percentage of people within ten-minute walk of a public park). Twenty points are given for median park size and another twenty for percentage of city area. Twenty for investment and forty for percentage of population within short park distance. West Coast Cities Agree to Climate Change Pact            San Francisco, Oakland, Los Angeles and three other West Coast cities have agreed to work together to reduce greenhouse gas emissions and fight climate change under the Pacific Coast Action Plan on Climate and Energy. The plan encourages zero-emission vehicles, reporting of energy usage for large buildings and install more charging stations for electric vehicles. These cities are working with California Gov. Jerry Brown, governors of Oregon and Washington and the premier of British Columbia. Together this region hopes to build an electric car-charging network that allows individuals to drive from Southern California to British Columbia.  Grand Jury Faults Shasta County LAFCO A new Grand Jury report  criticizes  Shasta County Local Agency Formation Commission for failure to meet deadlines and poorly managed staffing. Between 2001 and 2012 the agency did not complete any mandatory reviews of special districts or municipal services in the county. The agency then depleted its budget in order to finish the required paperwork. The report contends that the agency “is not fulfilling its purposes and programs.”  It cites complaints voiced by city staff in Anderson, who said that the agency delayed on an annexation. The report also recommends review of executive officers performance and a revision of the budget to bring back staff that had hours cut. Income Gap Grows in Silicon Valley In the past 25 years the gap in Silicon Valley between wealthy and lower income groups has increased dramatically, according to a new report from the California Budget and Policy Center. For instance in San Mateo County (where the gap is largest), the top 1 percent earn roughly $4.2 million annually which is 46.2 times more than the average income of the bottom 99 percent. The report analyzes these trends and speculates on what could be exacerbating income inequality in the region. The report makes further links between inequality and economic mobility for future generations, income inequality and economic prosperity, and Silicon Valley’s role in combating inequality. The report looks at the dwindling middle class of Silicon Valley, and what could be done to allow this group to afford to live and work in one of the wealthiest areas of the country. Giants Ask City for Tax Break for Stadium Depreciation The San Francisco Giants are asking the city for millions of dollars of property tax refunds, claiming the value of AT&T Park has dropped below $200 million. This means in the 2011 to 2014 term the property-tax bill be slashed in half for $8 million total. The Giants will make a case with the San Francisco Assessment Appeals Board that deals with such disputes. City officials valued the park at $407 million in 2014, while the Giants said it was more like $158 million. A similar case was made in 2003 when the Giants sought refunds from the years 2001 to 2003, the Appeals Board agreed and gave the Giants $3.6 million in refunds. Then the two groups came to a truce and agreed to a ten-year payment schedule that kept the value constant. The agreement has now expired and both groups are making bids to estimate the value of the property. Updates & Quick Hits Humboldt County Supervisors voted unanimously to support removal of four hydroelectric dams in the Klamath River by 2020. Instead of seeing congressional approval, the decommission of the dams is now through the Federal Energy Regulatory Commission. The removal will cost $450 million. Humboldt County is asking AirBnb to pay county lodging tax. This means the company will deduct 10 percent of gross revenues from its renters in unincorporated Humboldt County.  San Jose has moved up to the third-most expensive to city to rent in after San Francisco and New York. Zumper, an apartment rental website, announced that Boston moved down to fourth while Oakland and Washington D.C. are tied at fifth. This means three Bay Area cities are in the top five most expensive cities. A group of non-union construction companies and workers, Coalition for Fair Employment in Construction, announced its opposition to the Chargers’ initiative for a downtown stadium and convention center. The Chargers recently announced they would partner with labor unions and ban non-union construction workers for the $1.8 billion project. Kings County officials have decided not to appeal  a Sacramento County judge ruling that the high-speed rail system did not violate promises made to voters in the 2008 bond initiative.

The San Jose city council  voted , 6-5, to reduce annual rent hikes in a third of apartments, which is a move to stabilize rent in one of the nation's most expensive cities. The city has 44,000 rent-controlled units that can raise rents only 5 percent per year instead of 8. The city's housing department suggested tying annual rent to inflation like other CA cities while Councilman Peralez pushed for only 4 percent increase annually. The council approved another housing item: an anti-retaliation ordinance that would protect renters against requesting repairs and being evicted. The Council also approved, 7-4, to eliminate a program that allowed landlords to pass debt off to renters unless they were "major improvement costs." San Joaquin River Rated As Endangered The San Joaquin River ranks second on American Rivers' recently released annual list of America's Most Endangered Rivers. While other river's threats were mining, mountain top-removal, and harmful dams, San Joaquin River's biggest threat is poor water management, exacerbated by the recent drought. The San Joaquin is not only a source of drinking water, but shortages could also threaten billions of dollars in agricultural production and fisheries. The river basin has four million inhabitants along with two million acres of arid land. The system has been managed primarily for agriculture, hydropower and flood control and the dams and levees have harmed the rivers habitat and recreation opportunities. Recently, water utilities, conservation groups and state agencies have begun to work together to create sustainable solutions. Lawsuit Filed Against Hollywood Palladium Project AIDS Healthcare Foundation has filed a lawsuit against the City of Los Angeles for improper and illegal planning approval process for the Palladium Residences, a controversial residential and commercial development in Hollywood. The proposed project, which includes two 30 story towers with 731 residential units, with 37 units designated at lower rents, was approved by City Council in a 12-0 vote on March 22. The foundation, whose headquarters is near the Palladium, is a major funder and supporter of Neighborhood Integrity Initiative, which seeks to halt the growth of these "megadevelopment" projects throughout the city. "We believe and assert in our lawsuit that the pattern and practice of the Mayor, City Attorney, City Planning Department, City Planning Commission, and City Council operating in defiance of an express City Charter limitation on authority to process and grant general plan amendments is a willful failure to comply with public duties imposed by the City's fundamental land use laws," said AHF President Michael Weinstein in a statement.  Environmental Groups Sue MWD Over Purchase of Delta Islands On April 14th the Planning and Conservation League, Food and Water Watch, San Joaquin County, Contra Costa County, and the Central Delta Water Agency sued the Metropolitan Water District of Southern California (MWD) charging that its claim of complete exemption from environmental review for the proposed purchase of 20,000 acres of Delta islands and farmland is illegal and unjustified. The lawsuit asks the Court to enjoin MWD from purchasing the property unless and until it completes the environmental review required under the California Environmental Quality Act (CEQA). MWD has promoted this land purchase to clear the path for the "California Water Fix" twin tunnels project and remove obstacles to its completion. The purchase would also enable physical changes affecting the properties that may harm the Delta environment and could cost California ratepayers and taxpayers billions of dollars. Plaintiffs allege that the land purchase by MWD is part of an attempt to take more water from the Delta for MWD use and that the environmental impacts resulting from that activity would be "significant" and outside any exemption from CEQA. Congress Members Oppose Central Valley Water Deal California Democrats in Congress are challenging a settlement meant to end decades of litigation over a contentious federal water project in Fresno and Kings counties. The Westlands Water District and farmers have been litigating since hundreds of thousands of acres of land are contaminated with high levels of salt and minerals. The Obama administration would forgive $375 million in Westlands debt and create long-term agreements for water delivery in exchange for taking responsibility of the contamination. However opponents, primarily democrats, argue it gives too much to Westlands and could harm others with water cuts, financial costs and environmental damage. Opponents of the deal are asking US EPA, Natural Resources Committee and the Obama administration to review Westland's finances.  Fresno Annexation Area May Be Downsized by LAFCO A battle between the City of Fresno and the Local Agency Formation Commission is brewing over the fate of a proposed 9,000 acre expansion of the city. LAFCO is proposing to eliminate 2,560 acres from the Southeast Development Area, which was approved 10 years ago but has yet to be developed. The city has been focusing on infill and may want to bank the land for up to 40 years. Up to 45,000 homes may be built in the area if it is kept intact. A city typically has 20 years after annexation to develop land before it risks being taken back by the county. Postponing a scheduled vote in April, the commission will give Fresno another month before changing the borders but the city must defend its position and provide evidence for water for the development. Local school districts however, have purchased lands and $30 million in unused bonds to develop a North Campus. Another school district purchased 159 acres for $17.5 million and without residents and students; the taxpayers are paying investments to a new school for no one.  City Manager Bruce Rudd said the city has ten years to design and begin building, he estimates 9,000 homes may be built by 2035.

A year after Mayor Libby Schaaf announced its creation, the City of Oakland has formally instituted its Department of Transportation and installed Jeffrey Tumlin as interim director. Tumlin is a consultant Nelson/Nygaard on an eight-month contract with the city. Among the department’s top priorities will be a potential $600 million infrastructure bond that the city is considering for the November ballot. It would allocate $350 million for transportation, $100 million for affordable housing, and $150 million for facilities. The department will also manage the city’s streets, which had been under the purview of Public Works; other elements of transportation infrastructure, such as parking and transit, had been governed piecemeal by other city departments. According to the Oakland Tribune, many non-profit leaders and citizens hope the new department will put transportation issues such as bike infrastructure, improving existing transit and pedestrian safety to the forefront. Editor's Note: An earlier version of this brief erroneously indicated that Tumlin has left Nelson/Nygaard. CTC Developing Guidelines For Regional Plans The California Transportation Commission is developing guidelines for the preparation of Regional Transportation Plans (RTPs) and the California Transportation Plan (CTP). The RTP Guidelines were last updated in 2010 and the CTP Guidelines is being prepared for the first time. While the commission will adopt the Guidelines, Caltrans prepares both documents. Updates to the RTP Guidelines are necessary because of changes in state statute, final rule-making and recent passage of the Fixing America’s Surface Transportation (FAST) Act of 2015. The CTP is a long-range plan to provide policy framework to guide transportation investments and decision by all levels of government, private sector and transportation stakeholders. The workgroups include a variety of topics ranging from public health to modeling to freight. The kick-off meeting was June 30 in Sacramento but the first draft of the RTP and CTP Guidelines will be released early July for stakeholder comment with a meeting July 13 and 14. In September the Final draft will be released and few months later the Guidelines finalized. The Commission will consider the two documents late this year or early 2017. Los Angeles Adopts $2 Billion Plan for L.A. River The Los Angeles City Council voted unanimously to approve a long-sought restoration plan for 11 miles of the Los Angeles River from Griffith Park to Downtown. The approved plan, Alternative 20, was the most ambitious of three plans proposed to the council by the Army Corps of Engineers, which oversees the river’s infrastructure. The city and federal government will share the almost $2 billion cost, with the city contribution estimated to be around $980 million. Most of the cost goes to acquiring land for ecosystem restoration projects. The plan will be carried out on a project-by-project basis meaning the city can prioritize projects that are less costly. The plan excludes renowned architect Frank Gehry, who had been approached by the city to design some elements of the restoration. Gehry’s involvement had been scorned by some longtime river advocates; he does not have a reputation for working on landscape. San Jose Sharks Sue City Over Downtown Development Sharks Sports & Entertainment, parent company of the San Jose Sharks hockey team, is suing the City of San Jose over Diridon Station, a $600 million development that, the suit says, will severely impact parking downtown near the San Jose Sharks arena. The suit, filed under the California Environmental Quality Acts, contends that the environmental study was completed years ago when the city experienced different conditions. The Trammell Crow project would convert Diridon Station’s massive parking lot into a 1 million-square-foot high-rise office building with 325 apartments and 30,000 square feet of retail. The Sharks are concerned about 800 parking spaces that would be removed from the vicinity around their SAP Center and say that the removal would violate a contract between the team and the city ensuring that at least 6,350 spaces are within a half-mile for attendees. San Diego Pursues Funding Plan for Parks San Diego Mayor Kevin Faulconer unveiled two proposals that would provide funding boosts to regional parks and accelerate other projects. One proposal would extend Proposition C, a 2008 ballot measure that directs millions in lease revenue from Mission Bay Park into improvements there and in other regional parks. This raises around $10 million annually and expires in 2039, but the proposal would extend to 2069 to allow selling of future bonds. The second proposal involves a plan approved in 2012 to replace cars and traffic in center of Balboa Park with public gathering spaces by building a large parking garage and bypass off the Cabrillo Bridge as well as Plaza de Panama upgrades. This proposal would cost roughly $50 million and need approval from city council. The project has support from billionaire Qualcomm co-founder Irwin Jacobs who is working with Faulconer. State Greenhouse Gas Emissions Dip Slightly amid Economic Boom According to new data from the California Air Resources Board, in 2014, California saw a reduction in greenhouse gas emissions even though the state’s economy improved dramatically. However, the reduction was negligible: less than 1 percent, or around 2.8 million metric tons. Assmbly Bill 32, California’s 2006 climate change law, requires the state to cut back to 1990 levels by 2020; the current trend puts the state on track to reach that goal. While greenhouse gas emissions are falling across the state, those from the transportation sector have increased 1 percent. Transportation accounts for 36 percent of California’s GHG emissions. This year, gas is inexpensive, Californians are driving more, especially those with conventional, non-electric cars. Nonetheless, Gov. Jerry Brown hopes to cut gas consumption in half by 2030. Caltrans Tests Pay-by-Mile Gas Tax Alternative Caltrans has recruited 5,000 volunteers to test out a new revenue pilot program to potentially replace the gas tax. The new program would be a pay-by-the-mile, which gives drivers six different ways to report their mileage and pay accordingly. This is part of the effort to regain funds that were lost from the gas tax with the switch to more fuel efficient and hybrid vehicles. Even with population growth the $4.13 billion in 2004 fell to $3.05 billion in 2015. Now, drivers will pay based on the miles each vehicle travels. Drivers can either purchase a permit for a set period of time or specified number of miles, or make payments based on odometer readings. Other option include plugging a device into the car that has a location-tracking system, self-reporting on smartphone app, or using car’s built-in GPS technology. Caltrans is looking at a variety of measures to accommodate different concerns on enforcement, privacy, administrative costs and equity. Carlsbad Considers Consequences of Sea Level Rise Carlsbad city planners released a draft Sea Level Rise Vulnerability Assessment that looks at hazards through 2050 and 2100. For both, they discuss strategies to prevent flooding, erosion and property damage. The report projects an average rise of up to 1.6 feet by 2050 and 6.6 feet by 2100. The majority of damage will occur to the city’s natural shoreline, most man-made structures are not in affected areas. The sand has already been washing away, and will worsen in the next decades. This is detrimental to tourism, a main economic driver in the area. Other cities in the region such as Del Mar and National City have seen much worse results in their Sea Level Rise Assessments, both will experience significant flooding and erosion. Updates & Quick Hits The Proposition 1 California Urban Rivers Grant Program is holding technical assistance workshops across the state. The first begins July 13 in Sacramento and continues on to Los Angeles July 25, San Jose July 29, San Diego August 2, and August 9 in Redding. The City of Encinitas reached a settlement with DCM Properties because of a density bonus program and adoption of the city’s housing element. Encinitas will send the housing element to the November ballot, adjust its density bonus calculation, and pay DCM Properties $125,000 in legal fees. Gov. Jerry Brown signed an updated gambling agreement for the Amador County Buena Vista Rancheria of Me-Wuk Indians to build a 67.5-acre casino complex. The tribe promised to pay the county $18 million, plus $8 million a year to offset environmental impacts the casino development. SANDAG announced plans to develop a 600,000 square-foot complex with retail, office, residential space and a stopover facility for Metropolitan Transit System Rapid Buses. LA City Council approved a $1.2-billion bond measure for the November ballot to generate money for financing new apartments and other facilities for the homeless. It increases property taxes for the next 30 years. The plan won out over a proposed parcel tax. Morro Bay City Council voted to prohibit secondary dwellings to be used as vacation rentals to preserve affordable housing. Of the 50 secondary dwelling units in the city, only five are licensed as vacation rentals and exempt from the new ordinance.

The City of San Francisco announced  a plan to upzone Central South of Market to accommodate around 7,800 new affordable and market-rate housing units and 40,000 new jobs. The potential plan includes 2.1-million square food redevelopment of the Flower Mart, a tennis club redevelopment, and a 400-foot residential tower. Proposed developer fees, of up to $2 billion, would escalate based on amount of additional height and will help pay for new sidewalks, open space and affordable housing. Half of the fees, nearly $900 million will fund affordable housing production. The plan also prioritizes $500 million for public transit and sidewalk improvements. A separate EIR on the plan will be released end of this year and the Planning Commission will vote early next year. If passed, the Board of Supervisors will consider the plan. State Doles Out $391 Million in Cap-and-Trade Funds for Transit The California Transportation Agency has selected  14 public transit projects to receive part of the $391 million in  funds  from a recent cap-and-trade auction. Nearly $109 million will go to Los Angeles’s subway system and $28 million will fund a streetcar project connecting Santa Ana and Garden Grove. Senate President Pro Tem Kevin de León has a plan to help poorer Californians: $100 million on areas including transit, $100 million on rebates for purchasing clean vehicles and $150 million for vehicle trade-in for low-income families. The two largest projects are High-Speed Rail alignments in Fresno and Madera Counties with $259 million. The next eight projects received $41.2 million each towards Metrolink or Muni programs to provide cleaner, safer and more reliable service. Judge Clears Way for Subway Tunnel Under Beverly Hills High School A U.S. District Court judge has ruled  in favor of Los Angeles County Metro’s plans to tunnel beneath Beverly Hills High School for subway extension to Los Angeles’ west side. The City of Beverly Hills and the its school district have spent $10 million in litigation in the last five years over claims that the alignment would endanger the school and that Metro did not adequately analyze or publicize it. Judge George H. Wu said the Federal Transit Administration did not adequately respond to Beverly Hills Unified School District’s concerns about methane, air quality and recreation from the effects of tunneling the subway line. However Wu did not void the entire environmental review because of the “domino effect” on other phases and jeopardizing grants. Metro now has to complete additional analysis. (See prior CP&DR coverage .) Orange County Cities Get Transportation Grants The board of directors of the Orange County Transportation Authortity approved  $19.5 million to help 13 projects in Orange County cities improve their bikeways and walkways. Funding through the federal Congestion Mitigation and Air Quality Improvement Program will help promote mobility options by improving safety and air quality, providing regional linkages to key destinations, and closing bikeway corridor gaps. Projects awarded include $2.3 million for street improvements in Tustin, $2.27 million for protected bike lanes in Santa Ana, $2.22 million for bike boulevard in Fullerton, $2.07 million to extend bikeway on Coast Highway in Dana Point and $1.11 million for bike improvements in Garden Grove. Caltrain Announces Major Upgrade Program Caltrain officials announced  a $2 billion plan to electrify the commuter rail corridor along the San Francisco Peninsula after high-speed rail officials unanimously agreed to increase the state’s contribution. The High-Speed Rail Authority offered $713 million to Caltrain and an additional $84 million to the city of San Mateo to help fund three new grade separations. The funding will improve the Peninsula tracks so the bullet train may ride from San Jose to San Francisco on the new “blended system” designed to serve commuters regardless of when and whether high speed rail is completed through the peninsula. Caltrain hopes to have the trains running on 51 miles of electric track in late 2020. This week, the Caltrain’s Board of Directors should issue the “limited notice to proceed” to the two contractors working on the railway. Report Cites Statewide Need for Road Maintenance TRIP, a national transportation organization released  the “California Transportation by the Numbers: Meeting the State’s Need for Safe, Smooth and Efficient Mobility.” The report found that one-third of major local and state-maintained roads are in poor condition and 8 percent of bridges are structurally deficient. It recommends increased investments in transportation improvements could relieve traffic congestion, improve road, bridge and transit conditions, boost safety and support long-term economic growth in California. Deficient, congested or undesirable safety features on roads and bridges costs California motorists $53.6 billion annually due to higher vehicle operating costs, traffic crashes and congestion-related delays. Updates & Quick Hits A $625-million proposal to move the northernmost runway at Los Angeles International Airport 260 feet closer to nearby homes has been shelved indefinitely per an recently announced agreement with the city. The agreement ends a lawsuit alleging that the project did not complete the required environmental impact evaluation or take measures to reduce negative impacts. According to HVS consulting firm, the Chargers’ plan for downtown stadium-convention center will not generate enough meeting business to justify the increase in hotel tax. However, Chargers’ adviser says the analysis was pre-determined and taxpayer money was wasted to come to the conclusion the self-interested hotel owners wanted. The Los Angeles County Board of Supervisors voted to approve the 70-acre South Rancho Los Amigos Property in the city of Downey. The county will invest $468 million, and the plan includes several county departments and the development of a 15-acre regional sports center. Public interest group World Business Academy is suing the State Lands Commission for allowing the Diablo Canyon nuclear power plant to operate through 2025 without studying the environmental consequences. Earlier this month the Los Angeles Superior Court ruled that the state agency did not have the authority to exempt the plant from preparing an EIR and that attempting to do so was arbitrary and capricious. The Los Angeles Angels of Anaheim have resumed discussions with the City of Anaheim to stay in the Angels Stadium after possible bid to relocate to Tustin fell through because of the cost of building a new stadium. The city and the team have been discussing $130-$150 million in renovations. The Coastal Commission unanimously approved a proposed amendment to allow Carmel’s Local Coastal Program to offer developers incentives to create more lower-income and senior housing in the denser city core. The amendment allows developers to build more units than existing zoning allows if a certain percentage of units are set aside as affordable housing. Disneyland announced plans to build a $1 billion, 7-level, 6,800-space parking structure and pedestrian bridge to the resort near a hotel. The Los Angeles City Planning Commission has approved The Reef, a development south of Downtown that includes an outdoor plaza, public gardens, 1,000 apartment and condos, restaurants and a hotel. Community activists claim the development will be unaffordable for the people who currently live in the South LA neighborhood. Commissioners told the developers 5 percent of the apartments must be set aside for tenants with lower incomes. The commission also asked the developer to pay the city $15 million for affordable housing off-site. The Mill Valley Planning Commission will consider a new affordable housing ordinance that would establish a local affordable housing fund, an affordable housing impact fee and requirements for new developments with four or more units.

The San Diego Association of Governments is turning to technology to get a detailed account  of San Diegans’ driving habits. The agency is asking 200,000 San Diego households to complete a survey of their transportation habits to help planners figure out regional planning decisions for the region. Some of these decisions are where new developments should go, what highway and rail lines to improve, and other big-picture issues. Survey participants – who make up nearly one-fifth of the county’s population – will be asked to download rMove, a smartphone application that uses GPS technology to track when they commute as well as other details of the user’s transportation choices. Research firm Resource Systems Group has a two-year, $1.75 million contract with SANDAG for the survey. Funding comes from the federal government. Developers Heavily Support Sacramento Supervisor Campaigns A recent Sacramento Bee analysis  finds that development interests account for two-thirds of the contributions and independent expenditures in Sacramento County supervisor races this year. The county has seven candidates running for two seats, raising a combined total of $300,000. The county elections have limits of $1,000 per election period for an organization and $500 for an individual. Of the total sum, $135,000 or 45 percent came from development interests. Josh Wood, executive director of Region Business tells Sac Bee that “Sacramento County has thousands of acres of development that’s being proposed in the next few years.” Planning Commissioners Reined in by L.A. Mayor Los Angeles Mayor Eric Garcetti plans to issue  an executive directive banning private meetings, or ex parte communications, between planning commissioners and developers to “ensure that all dialogue with private stakeholders is on the record.” This comes after city officials plan to stop a planned March ballot initiative that calls for a halt on major building projects that require changes in city rules. Garcetti also promised to make other changes, such as accelerating updates to community plans. Additionally he wants to ensure the city, rather than developers, choose the consultants who assess the environmental effects of projects. Airbnb Contends Most L.A. Hosts Are Not Commercial Operators Amid ongoing controversies about the role of home-sharing in California cities, Airbnb released a report  in September 2015 entitled “Housing & The Airbnb Community in the City of Los Angeles.” The report found 92 percent of entire home listings were rented less than 90 nights per year and that only 0.05 percent of all housing units in the city were rented more than 177 days on a short term basis. The analysis shows that 80 percent of hosts share the home in which they live and 70 percent use part of the money to pay their mortgage or rent. The report concludes that most Airbnb hosts are middle class residents and that guests generate sustainable, local economic activity that supports small businesses. The City of Los Angeles is currently considering an ordinance that would regulate home-sharing and limit the number of nights per year that hosts may rent to guests. Of particular concern are “commercial hosts” who rent rooms and entire units as if they are full-time hotels. HUD to Reconsider Position on S.F. Housing Law The Department of Housing and Urban Development indicates that it will reconsider  its rejection of San Francisco’s neighborhood preference housing law, which San Francisco officials are using to help low-income residents stay in the city during times of rising rental costs. HUD said offering a neighborhood preference violated the 1968 Fair Housing Act and could “perpetuate segregation.” This dispute occurred because the 98-unit Willie B. Kennedy senior housing development in the Tenderloin has caused many older residents to move in with residents or onto the streets. More than 3,500 applications have been submitted for the housing development. Los Angeles Seeks to Reform Developer Fees for Parks Los Angeles City Council voted unanimously to change  how the city collects park fees under the state’s Quimby Act. The new change would now cause the fee to apply to new apartment buildings, as before the developers only paid if the project required a zoning change. While the city collected between $20 and $22 million a year in fees, an additional $30 million will be generated. Developers of apartment complexes will pay $5,000 a unit and affordable housing units would be exempt. Another update to the law will allow Quimby fees to be spent on parks up to 10 miles away. Los Angeles Transportation Measure Overcomes Cities’ Objections A Los Angeles Superior Court judge rejected  a claim from a group of seven cities that said the language for Measure M, which proposes a sales tax increase for tens of billions of dollars worth of transportation projects, would mislead voters. The suited claimed that what was meant to be a half a percent increase was worded as a half-cent increase, implying that the tax would be a single-half cent regardless of the total value of a purchase. The court rejected this claim on a technicality, saying that state law does not require a local measure like Measure M to present the total annual costs associated with it. This suit was filed by South Bay cities including Carson, Commerce, Torrance, Rancho Palos Verdes, Norwalk, Signal Hill, and Santa Fe Springs. However, LA Metro says  it is indeed a half-cent sales tax that will generate $860 million per year. (See prior CP&DR coverage .) Updates & Quick Hits Riverside County Supervisors approved , 4-0, a rezone, general plan amendment, EIR and tentative tract map for subdivision in Menifee Valley. The development includes 511 residential lots with a minimum lot size of 5,500 square feet and 25 drainage basins, park, paseo and open space lots. U.S. District Judge Beryl Howell dismissed  an array of arguments raised by opponents to a casino proposed by the North Fork Rancheria. The ruling allows the developing of a resort with 2,500 gaming devices, six bars, three restaurants, five-tenant food court, 200-room hotel and 4,500 parking spaces on 305 acres to continue. The proposed casino is north of Madera along Highway 99. According to CollegeRank.net, San Luis Obispo is the best college town  in the country. Robinson reviewed communities in 33 states and looked at factors such as outdoor space, number of boutiques and cafes, pedestrian friendliness, culture, nightlife, and the “general vibe.” Santa Cruz was ranked ninth and Berkeley eleventh. Two new studies from research firm Axiometrics found  Bay Area rents are plateauing. The average rent for all apartment sizes in San Francisco, San Mateo, and Marin counties dropped 0.7 percent from July 2015. In San Jose-Sunnyvale-Santa Clara area, the increase was only 0.3 percent from July last year. This is the smallest increase since April 2010. This steadying of rents could be attributed to slowdown in job growth and intense apartment construction, 4,600 more units are being put on the market than this time last year. Airbnb is suing  Santa Monica, arguing the city violated federal laws protecting privacy and online speech for its rental restrictions, including outlawing of rentals of fewer than 30 days, and paying a 14 percent hotel tax. The Anaheim City Council voted  to continue with a proposed streetcar project even though it failed to secure federal funding. The city has spent $10 million on the project so far; opponents fear that the $300 million cost is not justified. OCTA is focusing on a streetcar project connecting Santa Ana to Garden Grove. Angels Baseball filed an appeal  with the City of Anaheim challenging the Planning Commission’s approval of the $450 million mixed-use development across the street from the stadium. The development includes condominium and apartment units, 200-room hotel, office and commercial space. L.A. Mayor Eric Garcetti launched  a new loan program to support small business owners located near the city’s “Great Streets” proejcts. The Great Streets Great Business partnership has $4 million to jumpstart the program in LA’s first 15 Great Streets corridors. The loans range from $1,000 to $250,000 to qualifying applicants.