March 2011

Join the Sacramento Valley APA for a discussion with Renaissance Planner Bill Fulton on the good, the bad, and the ugly of economic development based on his new book: 

Romancing the Smokestack: How Cities and States Pursue Prosperity

Friday, April 22, 2011  

Globe Mills
1131 "C" Street
Sacramento, CA 95814

  • 4:30 – 5:00 pm  Registration & Networking
  • 5:00 – 6:00 pm  Discussion with Mr. Fulton
  • 6:00 – 6:45 pm  Book Signing & Reception

Cost: APA members $10/nonmembers $15 (tickets purchased by April 20th)Tickets at the door: $20 

(send checks made out to SVS-APA c/o Julia Lave Johnston, 2324 Marshall Way, Sacramento, CA 95818—questions? Please contact Tracey Ferguson at 916.325.1429)

Please join the Sacramento Valley APA Section to discuss economic development with Bill Fulton. His latest book, Romancing the Smokestack: How Cities and States Pursue Prosperity is a collection of 60 economic development columns printed in Governing magazine over a 15-year period. They reveal the good, the bad, and the ugly of how economic development is practiced in our communities.
Books will be available for purchase at the event.

 A hosted reception with wine, beer, and light appetizers will follow the discussion.

You can read an excerpt from Mr. Fulton’s book at: https://www.createspace.com/Preview/1073034

The Historic Globe Mills innovative adaptive reuse project turned a former grain mill into a mixed use site with the help of redevelopment funds as a result of public/private partnerships.
Lean more at: http://www.loftsatglobemills.com/index2.html

By Leslie Z. Walker

San Francisco Superior Court enjoined the implementation of the Air Resources Board’s Climate Change Scoping Plan, finding the alternatives analysis and public review process violated both CEQA and the Air Resources Board’s certified regulatory program.

The Scoping Plan is the strategy for achieving the Greenhouse Gas (“GHG”) reductions mandated by the Global Warming Solutions Act of 2006 (Health & Saf. Code, 38500 et seq., “AB 32”). AB 32 directed the Air Resources Board (“ARB”) to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in GHG emissions by 2020. (Health & Saf. Code, § 38561.) ARB adopted the Climate Change Scoping Plan including the functional equivalent document (“FED”) on December 12, 2008. Petitioners challenged both the Scoping Plan and the FED, claiming the former violated AB 32 and the latter violated CEQA and ARB’s certified regulatory program (Cal. Code Regs., tit. 17, 60005-60007). The court found the plan violated CEQA and the certified regulatory program, but not AB 32.

Continue Reading AB 32 Scoping Plan Enjoined

By William W. Abbott

The "Faith" Fellowship Foursquare Church (“Church”) is a church active in the City of San Leandro, but as its membership grew with the passage of time, the Church outgrew its existing facilities. Starting in 2006, the Church began searching for a new location and eventually settled on property on Catalina Street, located in an industrial park. The park was located in an area designated by the City’s general plan for industrial technological activity. In March 2006, the Church entered into a purchase agreement for the Catalina property.

Continue Reading General Plan Goal of Creating Employment Opportunities Insufficient Basis to Thwart Church Rezoning Request

By Cori Badgley and Emilio Camacho

In Monterey/Santa Cruz County Bldg. & Constr. Trades Council v. Cypress Marina Heights LP (2011) 191 Cal.App.4th 1500, the California Court of Appeal, Sixth District, held that deeds acquiring property from a redevelopment agency required the purchaser/developer to pay prevailing wages to the construction workers. In addition, the appellate court also held that plaintiffs were entitled to $73,167.50 in attorney’s fees pursuant to Code of Civil Procedure section 1021.5.

Continue Reading Bad Deeds Make Bad Law

By Leslie Z. Walker

In Alameda Books et al. v. City of Los Angeles (9th Cir. Jan. 28, 2011, No. 09-55367) ____ F.3d____ [2011 U.S. App. LEXIS 1769], the United States Court of Appeals for the Ninth Circuit considered whether plaintiffs had presented actual and convincing evidence to cast doubt on the City of Los Angeles’ rational in enacting an ordinance requiring the dispersal of adult entertainment businesses. The United States District Court for the Central District granted summary judgment against the City of Los Angeles finding plaintiffs’ evidence was actual and convincing enough to cast doubt on the city’s purpose in enacting the ordinance on appeal. The Ninth Circuit found that the declarations were facially biased and insufficient to call into question the municipality’s justification of the ordinance.

Continue Reading Government Rationale Given Benefit of the Doubt in First Amendment Challenge to Zoning Ordinance