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CP&DR Vol. 35 No. 7 July 2020

CP&DR Vol. 30 No. 7 - July 2015

The Metropolitan Transportation Commission and the Association of Bay Area Governments released the Plan Bay Area 2050 Draft Blueprint , a "package of 25 transformational strategies that aim to make the Bay Area more affordable, connected, diverse, healthy, and vibrant for all." Strategies are either public policies or packages of investments that could be advanced on the local, regional or state levels in four "topic areas": Transportation, Housing, Economy, and Environment, with expected revenues of $783 billion from 2021 to 2050. Under the plan, over 75 percent of transportation spending would go toward maintaining the existing system; 97 percent, or $166 billion of the housing budget, would fund affordable housing production, envisioning up to 400,000 “permanently affordable” units; $33 billion for expanded childcare support, and a $53 billion environment budget distributed approximately evenly for adaptations to Sea Level Rise, retrofitting existing buildings, and protecting conservation lands. The Blueprint projects the continuation of a downward trend in housing and transportation cost burden, anticipates preserving 100 percent of the area's affordable housing, and increased investments in high-resource areas that will benefit low-income households. . Ballot Measure Controversy Imperils Caltrain A ballot measure that would keep Caltrain afloat amid plunging ridership may not make it on the November ballot, spurring fears that the system may be forced to shut down for lack of funding. The San Francisco Board of Supervisors declined to introduce a 1/8-cent sales tax measure that would have raised $100 million a year. Caltrain's board says it will have to consider "serious cuts in service" unless it receives a major cash infusion or can restore roughly 30 percent of riders by the end of year. The measure is in a political tug-of-war: San Francisco Supervisors want more control of Caltrain's leadership and operations, with one supervisor calling additional funding "taxation without representation." But the board's decision not to introduce the tax measure doesn't necessarily kill it. Supervisor Matt Haney is attempting to revive the tax proposal. Alternatively, the Board of Supervisors could take it up as an emergency measure that would require a two-thirds majority to move forward. Under board rules, that action would have to be taken by July 31. California Pushes Back on Weakening of Federal Water Regulations California joined 19 other states and the District of Columbia in a suit against the Environmental Protection Agency, alleging that the agency's new rules violate the federal Clean Water Act and decades of precedent. President Trump in 2019 issued an executive order directing the change, which reduces the scope and time for review than typically occurs before infrastructure projects like natural gas and oil pipelines, hydroelectric projects, housing and commercial land development, and wastewater treatment plants. The rule applies to all projects requiring federal approval that may result in the polluting of waterways. States were required to certify that the projects satisfied state law and water-quality standards. An attorney at the Natural Resources Defense Council said the rule "eviscerates" states' ability to influence hundreds of projects each year. The EPA said in a statement, "the agency's final rule increases the transparency and efficiency of the certification process." The changes are among several steps the Trump administration has taken to roll back the Clean Water Act, including ending federal protection in January for millions of miles of waterways. (See related CP&DR coverage .) Federal Regulators Complicate Dam Removal Plan on Klamath River  Plans to demolish four massive hydroelectric dams on the Klamath River are in jeopardy after federal regulators declined to approve a license transfer that was a precondition of a deal struck between the PacifiCorp power company and Klamath River Renewal Corporation. PacifiCorp wants to sever itself from the any costs associated with the dam, but regulators are making it a condition that PacifiCorp stays on as a co-licensee. That could jeopardize the entire deal because PacifiCorp's removal was an element necessary to gain the support from public utility commissions in both Oregon and California. The project, estimated at nearly $450 million, would reshape California's second-largest river and empty giant reservoirs. It could also revive dwindling salmon populations the Northern California Indians depend on by reopening hundreds of miles of potential habitat. The transfer of PacifiCorp's hydroelectric license was seen as the first major hurdle to getting the dams removed. Federal regulators must also approve a request to decommission the dams before work can begin, possibly as early as 2022. CP&DR Coverage: Regional Planning & Social Justice  Immediately upon his election to the presidency of the Regional Council of the Southern California Association of Governments in June, Long Beach City Council Member Rex Richardson proposed a resolution to declare racism a public health crisis and, therefore, a top priority for SCAG. The resolution was adopted nearly unanimously, setting the tone for an agenda focused on equity and social justice. CP&DR's Josh Stephens spoke with Richardson about his agenda and the role that a regional planning organization like SCAG can play in reducing racism and lifting up disadvantaged communities on the CP&DR podcast. Quick Hits & Updates Construction can begin on a 20-story apartment building in San Diego's Bankers Hill now that a Superior Court Judge tossed out a lawsuit that claimed the project harms community character and blocks views. The judge's ruling on the 204-unit building could discourage similar lawsuits by groups of residents who oppose tall buildings and dense housing in their neighborhoods. The Department of Housing and Community Development awarded more than $279 million from the Infill Infrastructure Grant program for infrastructure to support the development of affordable and mixed-income housing. The awards will fund projects like new water and sewer lines, new curbs and gutters, soil stabilization, and grading improvements. Apple  will release $400 million this year toward affordable housing projects and homeowners assistance programs in California as part of the company's multiyear $2.5 billion commitment to easing the state's housing crisis. Projects launching this year include four projects throughout the Bay Area that will create more than 250 new units of affordable housing. Lake Tahoe's Squaw Valley  ski resort is considering changing its name to remove the word "squaw," a derogatory term referring to Native American women. Regional California tribes have asked for the name of Squaw Valley Ski Resort to be changed numerous times over the years, but the idea is now gaining momentum amid a national reckoning over racial injustice and inequality. Grants and loan opportunities offered on a competitive or first-come basis by California state agencies and departments can now be accessed at the California Grants Porta l, a tool created by the California State Library. Grants are searchable by category and keywords as well as by eligible applicant types. Subscriptions and new grant announcements are also available. HCD has released its Notice of Funding Availability calendar for the 2020-2021 fiscal year. Nearly $2 billion in state and federal funding will become available in the next 12 months to address housing, homelessness, COVID-19 response, and community development. Two federal CARES Act NOFAs, totaling $60.7 million will be available for the Emergency Shelter Grant and Community Development Block Grants programs. The Public Policy Institute of California  issued a recommendation that forest management should be part of any economic recovery bill that aims to invest in workforce development and infrastructure. The recommendation follows a recent MTI report that outlines a host of environmental benefits from improved air and water quality to the potential to employ thousands of workers in region in low opportunity regions. A ballot measure that would block hotel development on a vacant parcel in St. Helena may be tossed out by City Council despite garnering enough signatures to make the ballot. A city attorney report says the measure is too vague, and falls short of the legal standard required under California Law. Developers have offered as much as $20 million to buy the property from the city. Caltrans has agreed to lease state-owned land adjacent to Interstate 15 to Xpress West, a significant milestone toward plans to build 170 miles of electric rail that would connect Las Vegas and Apple Valley in San Bernardino County. Prior to the coronavirus pandemic, construction was expected to begin on the rail line later this year. Completion is expected in 2023. South El Monte and Montebello both had their housing plans approved by the Department of Housing and Community Development. Montebello, which hasn't had a state-approved housing plan since 1997, identified a number of vacant commercial and industrial sites to be used for housing. South El Monte's housing plan imposes minimum density standards of 20 units per acre for all commercial-residential zoned properties. A state audit of HCD's mobile home oversight found the department failed to conduct full inspections at more than half of California's mobile home parks over the last decade. In addition to finding inadequate inspection rates, the auditors said inspectors were unresponsive to complaints, often did not share important information, and failed to tell residents about their rights and resources available to them that may have prevented evictions.

San Francisco is known for agonizing battles over infill development despite the obvious demand for new housing. But, with a rare brownfield site, stakeholders seem to have buried the hatchet to support housing in a place that everyone agrees makes sense.

Immediately upon his election to the presidency of the Regional Council of the Southern California Association of Governments in June, Long Beach City Council Member Rex Richardson proposed a  resolution  to declare racism a public health crisis and, therefore, a top priority for SCAG. The resolution was adopted nearly unanimously, setting the tone for an agenda focused on equity and social justice. CP&DR's Josh Stephens spoke with Richardson about his agenda and the role that a regional planning organization like SCAG can play in reducing racism and lifting up disadvantaged communities. Click here to listen on Spotify, Google Podcasts, and other platforms. Related CP&DR Coverage SCAG Shifts Housing Burden to Coastal Cities

The Trump Administration is moving forward with a major narrowing of the National Environmental Policy Act, a move that will cause NEPA to diverge sharply from its sister law, the California Environmental Quality Act – and potentially put more pressure on CEQA for large infrastructure projects.

Los Altos Fights Against Housing Obligations under SB 35 The Los Altos City Council voted unanimously to appeal an April court ruling that the city unlawfully rejecting a project that sought approval under SB 35. If upheld, Los Altos would be forced to approve a building with 15 residential units--including two low-income units--and ground floor office space. (See CP&DR 's coverage of the Los Altos case and SB 35 battles in Silicon Valley here .) "While the City Council recognized and is supportive of state-wide efforts to increase the supply of housing, this oversized, 5-story mixed-use project... does not comply with downtown zoning requirements," Los Altos officials wrote in a news release. The judge who ruled on the case found Los Altos acted in bad faith. In its news release, the city proposed working with the developer to come up with an alternative project better suited to the site. A representative from California Renters Legal Advocacy Fund expressed surprise at the city's decision to appeal. "I thought the trial court ruling here was very clear, and that the requirements of state law were very clear." The case could have broad implications for other cities, developers, and courts grappling with how to apply SB35, projects like the redevelopment of Vallco Shopping Mall in Cupertino. The city's appeal will freeze enforcement of the judge's order, which means for now the project remains on hold. San Francisco Considering Ballot Measure to Create 10,000 Affordable Housing Units  A proposed ballot measure that would create 10,000 permanent units of affordable housing in San Francisco is gathering support among the Board of Supervisors. Because of Article 34, a 1950 California law that states no "low rent" housing development without a voter majority, voters will need to approve the units to move forward. (A repeal effort has been launched by State Senators Ben Allen and Scott Weiner and will be on the November ballot this year). If approved, Preston plans to finance the affordable housing project through the revenue generated by a proposed increased real estate. The tax is also on the November ballot. This measure would increase the tax on real estate sales greater than or equal to $10 million from 3 percent to 5.5 percent. For sales equal to or above $25 million, the tax would increase from 3 percent to 6 percent. State Releases Vision for Bay Area Segment of High Speed Rail The California High Speed Rail Authority rolled out further details for its vision for high-speed trains between San Jose and San Francisco, though funding remains largely an open question. CAHSR is calling for 220-mph trains from the Central Valley to the Peninsula. Service between the Bay Area's largest cities, scheduled to begin in 2031, is expected to take less than 45 minutes, including the stop in Millbrae near San Francisco International Airport. The details are part of an environmental review for the Bay Area segment of the Los Angles-to-San Francisco project. The new document identifies a range of impacts the line could have on the area. Rail officials ultimately decided to share existing tracks with Caltrain through the densely populated Peninsula area. Even so, as many as 62 homes and 202 business may have to be displaced to upgrade the tracks and build new infrastructure, according to the report. The high-speed train, which will run in close coordination with Caltrans, will run twice an hour during peak times, and eventually four times an hour, officials say, at a cost slightly than Caltrain's at $10.50 a ride. Caltrans Plan Promotes Active Transportation Statewide Caltrans released Toward an Active California , its first-ever statewide bike and pedestrian plan . The plan's stated vision is that "by 2040, people in California in California of all people in California of all ages, abilities, and income can safely, conveniently, and comfortably walk and bicycle for their transportation needs. That would be a dramatic change for California communities. The plan acknowledges that Caltrans can't reach its goals alone and and lacks the jurisdiction to implement local policies; it can, however, influence infrastructure decisions made at the local level and provide expertise when local departments are understaffed or need assistance. The plan's four overarching objectives are safety, increasing walking and bicycling mode shares, maintaining high quality infrastructure, and investing in communities that are most dependent on active transportation and transit. Caltrans hopes to double the number of trips made by walking, triple those made by bike, and double transit use by the end of this year. All of this should be helped by the recent passage of S.B. 1, which will bring an influx of cash for repairing and maintaining roads. National Update: Feds May Weaken National Environmental Regulations President Trump announced that he will attempt to roll back National Environmental Policy Act rules, which give the public the right to review and comment on a project's environmental impact before it can move forward. Among the major proposed changes: the rule will allow agencies to exempt categories of activities that do not require environmental assessment, and caps environmental impact reviews to one or two years. It also eliminates the need for agencies to analyze a project's indirect or "cumulative" effects on the environment and specifying that they are required to only analyze "reasonably foreseeable" impacts. The s revisions, if they hold up in court, are expected to lead to more permitting for pipelines and other projects that worsen greenhouse gas emissions. The final rule is not likely to be safe from the Congressional Review Act, which Congress can overturn a federal agency's rule-making, and under federal regulatory law, a Democratic president and Congress could eradicate the NEPA rollback with simple majority votes on Capitol Hill and the president's signature. (See CP&DR commentary .) CP&DR Coverage: Equity & Regional Planning Immediately upon his election to the presidency of the Regional Council of the Southern California Association of Governments in June, Long Beach City Council Member  Rex Richardson  introduced a resolution to declare racism a public health crisis and, therefore, a top priority for SCAG. The resolution was adopted nearly unanimously, setting the tone for an agenda focused on equity and social justice.  Quick Hits & Updates California's last redevelopment agency, the Ford Ord Reuse Authority was officially disbanded, leaving thousands of acres of undeveloped land to individual jurisdictions. Several abandoned Army buildings remain, but funding has dried up due to the coronavirus pandemic. Originally, the agency had planned to build housing on a large scale, but plans were scaled back. Nevertheless, the director pointed to several successes: the Fort Ord State Park, the cleanup of thousands of acres of land, and the establishment of a Veterans health care facility. (See prior CP&DR coverage .) Appealing a June court ruling that struck down San Diego County's Climate Action Plan would be "throwing good money after bad," said one of several Board of Supervisors who have spoken out against defending the plan again in court. The Board voted unanimously in a closed session to decline to appeal the case, ending a nearly decade-long court battle that has cost the county nearly $1 million. In a bid to make rail transit systems car-free, as opposed to a car-less leg of a commute, the Foothill Gold Line Construction Authority announced plans to cut the total number of parking spaces at its five stations by just over 1,600 spaces. LA Metro, which will operate the line, directed the authority to reduce parking to make the land available for housing construction down the road. The authority will collect feedback before finalizing plans, which will then undergo environmental review. To combat housing discrimination and affirmatively further fair housing, the Department of Housing and Community Development has identified  a multi-pronged approach that includes recommendations and action steps to address the 10 impediments to fair housing choice identified through the 2020 AI process. The recommendations and action steps outlined in the Final 2020 AI will inform HCD's efforts to affirmatively further fair housing, following guidance from state fair housing law, including Assembly Bill 686. A judge ruled that the City of  Salinas acted legally when it refused a church's request to move across the street to a larger building that would accommodate a growing congregation. Salinas had zoned the street in question as retail-only to revitalize downtown. The case is a test of the relatively new Religious Land Use and Institutionalized Persons Act passed in 2020, prohibits local governments from implementing zoning and other land use regulations that place a "substantial burden" on a religious organization. The Costa Mesa City Council backed away from approving a ballot proposal that would loosen Measure Y, a 2016 initiative requiring voter approval of development projects that meet at least one of a host of requirements, to exempt affordable housing projects or create geographic areas of exemption. Instead, the city will form a citizens advisory group tasked with creating a consensus about how to accommodate growth in the face of steep housing goals. A new $2-billion plan for property near the intersection of Wilshire and Santa Monica boulevards, next to the Beverly Hilton, would transform a key stretch of Beverly Hills . The complex, called One Beverly Hills would feature 8 acres of gardens and water features, the bulk of which would be open to the public. There would also be a 10-story ultra-luxury hotel building, and 340 residences in two towers as high as 32 stories. A Supreme Court decision has solidified Native American tries' right to first priority of Klamath River water. Tribal officials say dams in the river. Farmers who divert water from the Klamath sued the federal government in 2001; an appeals court decision to reject the farmers' claim guarantees that the Hoopa, Yurok and Klamath tribes have enough water to ensure that fish populations remain alive. Los Angeles City Council passed a $100-million rental assistance package that would provide up to $2,000 in rental assistance for low-income households that can prove they've been affected financially or had health problems due to COVID0-19. While the relief effort is the largest passed in the country to date, experts say it falls short. According to an estimate by UCLA's Luskin Institute on Inequality and Democracy, about 365,000 households countrywide have lost their jobs, do not qualify for unemployment, and are at risk of losing their homes once anti-eviction moratoriums expire. A  High-Speed Rail Authority director is pushing back on an L.A. Times story that framed a $1.6 billion contract delay as a regional food fight. Boris Lipkin, Northern California Regional Director says the decision to delay is actually twofold: the pandemic spooked bidders, who asked for more time to evaluate the market. Secondly, if Democrats sweep in the 2020 election, the project could see an influx of cash like the $3.5 billion the Obama Administration provided in 2008. Mayors in Los Angeles, Oakland, Stockton, Compton, and five other U.S. cities said they will work to launch a universal basic income pilot program. The coalition, named Mayors For A Guaranteed Income, was founded by Michael Tubbs, the 29-year-old mayor of Stockton who launched a UBI pilot last year that gives $500 monthly to 125 residents. Tubbs said the pandemic and the unrest caused by the death of George Floyd pushed him to announce the coalition now. A toll increase for seven Bay Area bridges did not require the two-thirds majority needed for a tax increase, a state appeals court ruled. The increase was approved by 55 percent of the voters on the local ballot in 2018. An anti-tax group sued, arguing that the toll was a local tax because it funds programs that would benefit the general public. California allows the state to charge fees to users of state property. Bridge tolls are a fee for "entrance to or use of state property," and therefore are not a tax, the presiding judge said in the 3-0 ruling. Under a $14 million deal secured by the Northern Sierra Partnership, nearly 3,000 acres of rugged forest land north of Lake Tahoe will be preserved . The land was owned by a patchwork of timber companies and other private owners that were willing to sell. California's state parks department has all but stopped acquiring new land in the last decade, leaving the land open to potential development by private buyers. The purchase is part of a multi-year effort funded by Silicon Valley tech leaders to acquire 100,000 acres between Lake Tahoe and Mount Lassen for wildlife, public use, and water conservation. Two powerful environmental activist groups have filed a joint petition to protect Quino checkerspot butterflies under the California Endangered Species Act. With urban sprawl, the butterfly has lost more than 75 percent of its historic habitat, and is now found only in southern San Diego County and southwestern Riverside County in the United States. Several major developments totaling more than 6,500 acres and several miles of President Donald Trump's border wall are planned on the butterfly's dwindling habitat.

With nine counties, dozens of cities, trillions of dollars in market capitalization, millions of residents paying high rents, and one very large bay, the San Francisco Bay Area has no shortage of challenges and no shortage of governments. Keeping an eye on all of it is San Francisco Planning and Urban Research , an independent think tank dedicated to Bay Area land use. Longtime President and CEO Gabriel Metcalf stepped down in late 2018 and was succeeded by Alicia John-Baptiste, who had been SPUR's deputy director. Whereas Metcalf presided over a decade of astonishing economic growth, John-Baptiste now must anticipate the long-term impacts of the COVID-19 crisis, on top of all the other pressures that have made land use in the Bay Area so complex.  She spoke with CP&DR Contributing Editor Josh Stephens on May 28, 2020.  John-Baptiste is responsible for defining the overall vision and strategy for the organization. Alicia served for three years as SPUR's deputy director, overseeing policy and strategic initiatives and running the organization day to day. Prior to joining SPUR, she held senior public administration and public policy roles for the City and County of San Francisco, including chief of staff positions at both the San Francisco Planning Department and the San Francisco Municipal Transportation Agency. Related CP&DR Coverage SPUR Head Metcalf Bids Farewell to Transformed, Challenged Bay Area

Strategic Growth Council to Disburse $600 Million for Smart Growth Projects  Sponsors of 41 innovative projects that aim to address diverse needs in communities across California are set to receive awards ranging from $168,000 to nearly $30 million after the California Strategic Growth Council (SGC) approved more than $600 million in state funding. Three community investment awards are funded by cap-and-trade dollars: Transformative Climate Communities, Climate Change Research, and Affordable Housing and Sustainable Communities (AHSC). The Wildlife Recovery and Resilience Planning Grant Program is supported by Proposition 84 funds. AHSC's $500 million award represents the largest allocation of affordable housing funding in California. Oakland, Riverside, and Stockton were awarded grants totaling $50 million to reduce GHG emissions in vulnerable communities. SGC awarded Planning Grants of $200,000 each to San Diego, Porterville, and Pomona; these grants help communities undertake integrated planning activities that help prepare them to seek implementation dollars from public and private sources. Among the awardees is the program's first Tribal applicant. The Yurok Indian Housing Authority will receive $11.5 million for a project that will integrate Yurok traditions while building 36 affordable housing units and expanded bus service. A full account of SGC awards are available on the SGC meetings page. Tens of Thousands of Housing Units at Risk in San Diego While most efforts to solve San Diego's housing crisis have focused on new construction, a 94-page analysis  commissioned by the San Diego Housing Commission found that San Diego could lose as many as 36,200 of the city's existing affordable units if the city doesn't adopt strategies to preserve them. San Diego's affordable housing falls into two categories: government-subsidized units and naturally occurring subsidized housing, or NOAH. Of the 23,000 deed-restricted subsidized units, 4,200 of them are set to expire by 2040. Of the 47,000 NOAH, as many as 32,000 are vulnerable to demolition or rent hikes. The San Diego Housing Commission will use the analysis to determine which units to save with the $22 million set aside for that purpose in next year's fiscal budget. It would cost an estimated $86 million per year to save the 13,450 units that would be easiest to preserve. Councilwoman Monica Montgomery said the new analysis should spur city action. "We must do everything within our power to ensure that we are preserving affordable housing opportunities and investing in working families," she said. Landlords Sue to Overturn San Francisco Pandemic-Related Eviction Moratorium Property owners and landlords are suing to challenge San Francisco's eviction moratorium, which halts evictions from April through July and cancels any late fees or interest that may have arisen during nonpayment. The moratorium forces landlords to collect rent through civil claims or by hiring collections agencies--methods they say are expensive and ineffective. The law "would allow renters to live rent-free from March 2020 to potentially September and beyond," said president of the Small Property Owners of San Francisco Institute. Supervisors have come out in defense of the moratorium, accusing landlords of cruelty during a difficult time. But it isn't clear how landlords, particularly small property owners who continue to pay interest and mortgages, can collect rent from people who simply choose not to pay. One supervisor, Dean Preston, added to the confusion when he claimed that "under our legislation a tenant is still obligated to pay their rent debt," even though courts--the usual avenue to enforce rent collection--are closed. Ultimately, the vast majority of tenants are paying their rent. One survey from the San Francisco Apartment Association found that 97 percent of renters have been paying rent on time. But for those who aren't, the suit puts them in a precarious position. "I think the lawsuit is dangerous for tenants," said Joe Tobener, an attorney at a San Francisco tenants law firm. "Anyone expecting to pay rent and keep a rent control unit should be super cautious to rely on the law." CP&DR News: Talking Headways Talks to Josh Stephens Jeff Wood of The Overhead Wire interviewed CP&DR Contributing Editor Josh Stephens about his new book The Urban Mystique: Notes on California, Los Angeles, and Beyond . Josh and Jeff hit it off so much that it became a two-part episode, peering into California's soul.  Part I explores the availability of bars, opposition urban commentators, and historic propositions that might need an update to stay connected to the times; Part II  coverers urgent topics such as race, housing as well as more lighthearted fare such as the Olympics, and LA in the movies. Quick Hits & Updates  In a closed session, the Oakland City Council decided to begin negotiations with the Oakland A's to sell the city's half-stake in the Oakland-Alameda County Coliseum site. Sources close to the talks said the city's deal would mirror the county deal and net about $85 million spread out over a number of years. After a pitched battle, multi-million homes won a citywide referendum over low-income senior housing in Palo Alto . Now, the long-awaited aftermath of the Orchard Park development has arrived: The first set of new single-family homes came onto the market in the middle of a pandemic that has chilled the sale of high-end properties. "The big question is, Where are the buyers?" said project executive Ted O'Hanlon. A ballot measure allowing for taller and denser buildings near train stations was approved unanimously by San Mateo City Council. Voters will decide between the council-approved measure or an alternative that caps building height at 55 feet and density at 50 units per acre in most areas of the city while also requiring 10 percent affordable housing - and excludes exemptions for transit hubs. Following a judge's injunction to either house or relocate homeless people living near freeways. the city and county of Los Angeles have agreed to provide 6,700 new beds over 18 months and spend $300 million over five years to fund supportive services. Priority for the beds would also be given to people who are 65 years or older or are considered medically vulnerable. The Office of Planning and Research has updated the General Plan Guidelines to include revised guidance on environmental justice (EJ) in response to Senate Bill 1000. The updated guidance provides additional clarity on when EJ requirements are triggered and to whom they apply, and more guidance on how to engage with and address the specific needs faced by disadvantaged communities. Six cities that were among those found out of compliance with Housing Element law in 2019 now have state-approved housing plans, according to an HCD announcement. Seaside, Trinidad, South El Monte, Canyon Lake, Wheatland, and Montebello have joined the 28 out of 47 jurisdictions found out of compliance last year that now have state-approved housing plans.

Anaheim Stadiums Plan Major Mixed-Use Redevelopments  The Anaheim Ducks and the Los Angeles Angels of Anaheim announced significant new mixed-use redevelopment plans around their respective stadiums, both in Anaheim’s “Platinum Triangle,” that will create a new urban center in Orange County. The Angels' vision , which includes a commitment to stay in Anaheim through 2050, is 150 acres of parks, shops, restaurants, offices, two hotels, and just over 5,000 homes. (The team has put off the decision whether it will build a new stadium or renovate the existing one.) Construction is set to begin in 2025 and end in 2050. The same week, the Ducks went public with their plans for ocV!BE, a 115-acre entertainment, office, and residential development anchored by the Honda Center arena. The project would include a new 6,000-seat concert hall, more than 30 places to eat, 30 acres of public parks and plazas, two hotels, and a 2,800-unit residential component. Officials with both the Angels and Ducks organizations said they expect their offerings to complement each other. Both developments will largely occupy existing parking lots, numbering several thousand spaces.  Bay Area RHNA Numbers Call for 441,000 New Housing Units The newly released Regional Housing Needs Allocation from the Department of Housing and Community Development calls for the Bay Area to double the rate of construction from the previous eight-year cycle to 441,000 new housing units between 2022 and 2030. The region is short of meeting its current goal of building 187,990 new homes with only two years left to catch up. The state estimates the region needs over 100,000 new units for very low income residents, 70,000 each for low income and moderate income residents, and nearly 200,000 market rate homes. The assessment has come up short as far as major stakeholder groups are concerned: Bay Area housing advocates say the housing goals are too conservative, slow-growth homeowners, who feel the number is too high, and city leaders, who worry the numbers are unreachable, especially so during the COVID-19 pandemic. The Association of Bay Area Governments has 30 days to appeal, but staff cautioned that the decision was made in collaboration between the state and regional planners and was unlikely to change. Three Measures Related to Land Use Confirmed for November Ballot  The Secretary of State has confirmed and released ballot measure numbers for the November statewide ballot. Two 2020 ballot measures could have wide-ranging effects on how both residential and commercial properties are taxed, and another measure will take another swing at statewide rent control (a more modest effort, Prop 10, failed in 2018). Proposition 15 seeks to create a set of new rules for commercial property taxes, but wouldn't touch residential property taxes. It would assess commercial property taxes at market-rate values, phased in over three years. Some small businesses would have a longer transition taxes, and some exemptions are built into the measure. Proposition 19, if approved by voters, would allow California seniors over 55 to purchase a new home and continue to pay the same or lower taxes as they paid at their previous residence. The proposition also expands the property tax break for older homeowners to those who lose their home to a wildfire, and cracks down on the transfer of a home from a parent to an adult child in which the property tax payment does not change. Proposition 21 revives a statewide rent control measure rejected by California voters in 2018. The measure would supersede any local rent control rules. San Diego to Zone for 108,000 Additional Units A new housing element that calls for tripling yearly housing construction for a total of 108,000 units by 2029 was unanimously approved by San Diego City Council. The approved blueprint meets San Diego's RHNA allocation, but comes with the large caveat that even in a robust economy, the 13,500 yearly target is an ambitious jump from the current 4,100 unit target. Amid a pandemic, those goals will be even harder to realize. Importantly, the council amended the plan to require specific housing production goals for each of the city's 52 neighborhoods, ensuring each would absorb its fair share of new housing. The plan includes statistics on how the housing crisis is affecting lower-income residents: more than 1,500 evictions took place in 2016, and that rents have increased 46 percent since 2012. Those numbers highlight the city's struggle to meet housing allocations in the lower- and middle-income bands, while nearly meeting the city's goal for upper-income residents. On the bright side, the housing element shows that San Diego has plenty of developable land to accommodate new units. CP&DR Coverage: VMT Arrives in California  Senate Bill 743 , the 2013 law that mandates that lead agencies refer to vehicle miles traveled — not level of service - when evaluating transportation impacts under the California Environmental Quality Act, went into effect statewide July 1. Many cities statewide have updated their guidelines and significance thresholds to conform with the law. Others have taken no action, but applicants will nonetheless still be required to perform VMT analysis and, most likely, to adhere to statewide guidelines published by the Office of Planing & Research. The new regulations are designed to encourage more compact development, streamline permitting, and cut down on obstructionist lawsuits. Quick Hits & Updates The BART Board of Directors approved a mixed-use housing development at the West Oakland station that will have 762 housing units, 30 percent of which will be affordable, and include 350,000 square feet of retail and office space. The mixed-use complex will be built on existing parking lots at the station. Officials estimate the development will add approximately 1,800 trips to BART's ridership. The California Department of Housing and Community Development released new guidance on the new laws adopted since the last housing element planning period. It also consolidates all the existing technical assistance related to the required sites inventory analysis into one guidebook. San Francisco Public Utility's decision to sell the 16-acre Balboa Reservoir at a 50 percent discount from fair market value has generated significant pushback from critics who say the city agency is getting a bad deal. The markdown takes into consideration the fact that the developer will be responsible for financing and building 366 units of affordable housing on the site, along with 550 units of market-rate housing, and $48 million infrastructure improvements. The "Great American Outdoors Act," a $9.5 billion cash infusion to national parks and co-sponsored by California senators Dianne Feinstein and Kamala Harris, passed the Senate 73-25. If passed by the House and signed by the president (as expected), it would permanently shift millions of dollars every year in offshore oil drilling revenues to pay for city parks, swimming pools, sports fields, fishing piers, trails and campgrounds in all 50 states. Environmental groups call the bill "a once-in-a-generation opportunity." The California High-Speed Rail Authority is delaying the approval of a 2020 business plan--a reversal from the board's previous plan to routinely approve the business plan and submit it to the Legislature. Instead, legislators appear to be shifting priority from building in San Joaquin Valley to segments in the Bay Area and Southern California. Los Angeles County will consider a by-right housing ordinance for unincorporated communities, which would allow developments that conform to established zoning and land use regulations to be approved without review under CEQA. Housing would also be permitted with discretionary review in live/work and mixed-use developments on commercially zoned properties. The ordinance would also extend by-right review to density bonus projects. California is moving quickly to remove references to Confederate generals as protesters across the country topple monuments to historical figures linked to slavery or colonialism. California's Sequoia and Kings Canyon parks are removing any mention of Robert E. Lee from park brochures and signs. Meanwhile, the City of Fort Bragg will not place a town name change on the November ballot, following a city council vote and more than three hours of public comment. Planning Commissions in Beverly Hills and Long Beach plan to to bring mixed-use zoning, and greater density, to several of the key commercial boulevards in both cities. Beverly Hills' proposal substantially lowers minimum unit size and reduces parking requirements. Long Beach's proposed zoning districts fade in higher density as properties approach transit centers. The  San Jose City Council unanimously voted to approve a trio of 19-story towers known as CityView Plaza. Developer Jay Paul will demolish all nine buildings currently on the downtown site, ending preservationists' bid to save San Jose's former courthouse, an iconic Brutalist-style edifice built by internationally renowned architect Cesar Pelli.  The San Jose Historic Landmarks Commission is working to protect San Jose's former courthouse from demolition. Built in 1973, the building was designed by a master architect in the brutalist style, and embodies San Jose modernism. But its spare design is not universally beloved, and preservationists will have to make the case (again) to save it as city council considers a 3.4 million-square-foot office campus on the same space. The U.S. Department of Energy has agreed to remove 10 contaminated buildings at the Santa Susana Field Laboratory. The lab's location in the hills above the San Fernando and Simi Valleys for years posed a considerable risk in the event of a wildfire followed by heavy rainfall. The debris will be transported out of state to a radioactive waste facility for disposal, officials said. Wildfires in California are becoming more frequent and more severe, but a study finds that housing in burned areas is paradoxically going up in value. These neighborhoods are predominantly white and affluent, further subverting expectations: typically, low-income urban communities of color are disproportionately vulnerable to climate impacts.

The use of vehicle miles traveled (VMT) metrics to evaluate the environmental impacts of developments goes into effect statewide July 1, after seven years of legislating and planning. It promises to be one of the more monumental changes in California land use, forever changing the relationship between development and the automobile.

Lately, as I have been watching cities and other local governments all over the country struggle with declining revenue, I have been reminded of my own experience as Deputy Mayor and Mayor of Ventura during the last recession, when we faced so many of the same issues. It was, I have to admit, a pretty bruising experience as we tried to figure out how to raise revenue, cut costs, balance the budget, and keep everybody happy – which was, of course, impossible. So I thought I’d try to help people going who are going through this now understand my experience by calling upon some of the blogs I wrote at the time – blogs originally written to my constituents to explain why I made the decisions I made. This is the third of three reprinted blogs. The first  highlights the fact that there is no “magic bullet” in this kind of situation. The second  talks about how residents resist higher fees during a recession. And the third -- this one – talks about the bruising emotional toll a recession takes on a city and its residents. To say nothing of its politicians. All these blogs were published in my 2017 book, Talk City: A Chronicle of Political Life in an All-American City . You can learn more about Talk City (and order the book) by clicking here . This blog was written in the depths of the Great Recession in 2009. To the extent that a politician ever gets a day off, mine is Saturday. This week I was looking forward to my typical “day off” – a trip to the Farmers Market, the dry cleaners, Target, Trader Joe’s. A day to feel like a typical person. Here’s what happened: At the Farmers Market, I ran into a devoted constituent who is very active in the library issue and talked to me for a long time about different ways to keep Wright Library open. She was, by turns, angry, fearful, concerned, confused, and full of ideas. On my way to Target I stopped off across the street at Fire Station #5 and chatted with firefighters about how the pending budget cuts might affect them. They were, by turns, angry, fearful, concerned, confused, and full of ideas. While checking out at Trader Joe’s I talked with the cashier and an elderly lady standing in line about how bad the parking was and how much worse it might get if Wal-Mart moves in next door. Though opposed by many people for many reasons – including, apparently, this elderly constituent concerned about parking – Wal-Mart would appear to be one of the few vehicles for the city to obtain more revenue in the short run. So it was not exactly a relaxing day off. I reconnected with my town and my constituents, but they are all understandably anxious that things are bad and getting worse. The things they cherish about their community – their neighborhood library, easy parking at Trader Joe’s, quick response times from firefighters and police officers – all seem at risk. And all this is happening at a time when we are all afraid of what is going to happen to us personally. Will we lose our jobs? Will our wages be cut? Our health insurance? Will we ever be able to retire? I am very fortunate – I make a good amount of money, more than most people – but I am scared too. I feel at risk in my personal and business life just like everybody else. The months ahead will not be easy. This week, we on the City Council will start eliminating positions and possibly even laying people off. Over the next couple of months, we will be making even more severe cuts in city services. We may well ask the voters for an increase in the sales tax. But even if it passes, that won’t generate enough money to restore all the services we have now. So we will be faced with terrible choices. Do we want to lay off police officers in order to keep the libraries open? Shall we close the parks or stop paving the streets? Shut down a fire station or stop servicing our vehicles? Nobody wants to make these kinds of choices, whether it’s in government, in our private businesses, or in our personal finances. And it’s been hard for all of us to face up to what has to be done. Whenever I’ve talked to people around town about making cuts in their favorite service, they’ve reacted all kinds of ways. Many have simply insisted this can’t be happening. Some have yelled at me. Others have insisted that there must be some other way – cutting back on paper clips, firing the overpaid top managers, cutting somebody else’s favorite program. Others have been combing through government budgets trying to prove that money is wasted. Many have suggested that I cut my own salary as a City Councilmember. (I’d happily do so, but that fat $7,200 per year is set in the City Charter and can’t be changed without a vote. By the way, it’s hasn’t gone up in 35 years.) As I have talked to constituents over the past few weeks, I have been recalling the five stages of grieving laid out in Elizabeth Kubler-Ross’s famous book On Death and Dying , which I first read in college more than 30 years ago. The five stages were meant to be applied to grieving over the death of a loved one (or one’s own mortality). But as it turns out, they can be applied to the grieving process you go through whenever you suffer any kind of loss. The recent loss of our prosperity – and the consequences for both our personal life and our civic life – means not just a loss of material things but also a loss of confidence and a loss of our sense of well-being. In dealing with constituents – and dealing with my own feelings about the current financial situation – I have come to recognize all five stages of grief, which are: denial, anger, bargaining, depression, and acceptance. In both our personal lives and our civic life, many of us have been in denial. This library can’t be closing! A lot of people have moved on to anger, which is why I get yelled at so much. It’s all the City Council’s fault! Or it’s the fault of the stupid library director, who should be fired! Many people get stuck there, but I notice a bunch of constituents moving on to bargaining. Let’s raise enough money just to keep the library open for a year, and then maybe things will improve! Maybe because our city’s financial woes have been coming on for a while, I guess I feel like I have worked through those first three and right now I’m at depression. Things are awful. Why bother continuing to make them better? That’s how I feel a lot of the time these days. But I also know that people have faced tough times before. I’m trying my best to move toward acceptance. Acceptance is liberating, because it makes you realize that some things are going to happen that you can’t control. We are less prosperous than we were a year or two ago. We will have less money to make things happen. This means we will have to endure some cutbacks; but it also means we will have to use the money we have more creatively, and come up with solutions nobody has tried before. This doesn’t mean we shouldn’t hope things will get better. But it does mean that we will have to pull together as a community, both to accept the loss that we are going to feel and to turn things around so our community is successful again. It’s hard to work through the five stages of grief in a situation like this. But people – and communities like Ventura – are very resilient. And that gives me hope. Eventually, of course, Ventura did pull out of the recession and prosper again. But I have to admit that I carried the scars of the Great Depression with me for a long time after I left office in late 2011 – to Washington, D.C., then to San Diego, and finally to Houston. Maybe that’s part of the reason I moved around so much in those years. It was still hard to come to terms with the decisions we had to make in those days. You can learn more about Talk City (and order the book) by clicking here .