The Brief

When a judge ruled recently that a controversial state housing law did not apply to a handful of southern California cities, Julie Testa saw it as an invitation.

The late April opinion from Los Angeles County Judge Curtis Kin held that a 2021 state law letting homeowners split up their houses into as many as four separate units regardless of local zoning restrictions had no effect in Redondo Beach, Carson, Torrance, Whittier or Del Mar. The reason: The five SoCal jurisdictions are “charter cities” — jurisdictions with their own municipal constitutions that grant them extra independence from state law.

Testa, the vice mayor of Pleasanton, wanted what Redondo Beach was having. She wanted to turn her bedroom community east of San Francisco Bay into a charter city.

“The state Legislature has declared war on our cities,” said Testa. “We think that this is a turning of that tide.”

Since first winning local office in 2020, Testa has spent much of her short political career chafing against the spate of new state housing laws that force local governments to automatically approve apartment buildings, duplexes and backyard cottages. She cobbled together a loose group of like-minded politicians under the banner of the California Alliance of Local Electeds. A few days after Kin’s ruling, the group’s weekly Zoom meeting saw near record turnout, she said.

Now Pleasanton is one of at least three California cities, all San Francisco Bay Area suburbs, that have taken the first step toward adopting a charter since the April ruling. Testa and three of her four city council colleagues instructed city staff to look into making the transition in mid-May. City councils in nearby Brentwood and the hyper-affluent Silicon Valley suburb of Atherton followed suit this month.

Becoming a charter city — as roughly 120 of California’s 482 cities have done over the course of the state’s history — requires local voter approval. Before that, city officials have to actually write a charter, a comprehensive, technical governing document that covers everything from local election procedure to the dos and don’ts of municipal debt management. The three cities are probably kicking off that lengthy process too late for this November’s election, meaning that voters in the three cities won’t weigh in until at least 2026 — if at all.

“We will see a lot of irreversible consequences in that period of time, so I am disappointed, but I do believe that we must do what we can do to defend our constitutional right to local control,” said Testa.

Jovita Mendoza, the Brentwood council member who is pushing the charter effort in her city, said housing policy isn’t her sole motivation. Charter cities have more flexibility over contracting and purchasing policies, election procedures and taxation. But the recent ruling out of Los Angeles “definitely helped” provide fresh inspiration.

Brentwood’s council voted unanimously to begin the process last Tuesday. At a late evening hearing on the subject, Planning Commissioner Rod Flohr endorsed the idea.

“Most of the public is still kind of unaware of how restricted we’ve become, almost to the point where it feels sometimes like the planning commission and city council can’t really do anything anymore,” he said. “This may be our only avenue to…keep working to make Brentwood the jewel of east county.”

Gov. Gavin Newsom’s administration has ordered local governments to plan for an additional 2.5 million new homes through the end of the decade in an effort to bring down prices and rents. That’s part of a broader political shift in Sacramento as the governor, the attorney general and the Legislature have more aggressively promoted more housing, even over the objections of local elected officials and residents.

Mendoza in Brentwood was one of the chief proponents of a proposed statewide ballot initiative that would have allowed local governments to override state land use laws. The measure failed to gather enough signatures for this year’s election.

The April ruling opened up a new potential strategy. “If the charter cities win on appeal, I think you’re going to see it happening more and more,” she said.

On housing, the tie often goes to the state

Many legal experts are skeptical that the ruling will hold — and if it does, whether that would be the death blow to state land use authority that many local control advocates hope it will be.

“If I were looking to become a charter city in order to avoid (the state’s duplex law), I would not waste my time,” said UC Davis law professor Darien Shanske. “This decision will be overturned.”

Since the 1880s, California cities have come in two distinct flavors: “General law” cities, which have to govern themselves under rules set forth by the state Legislature, and charter cities, which the state constitution grants autonomy when it comes to “municipal affairs.”

Unhelpfully, the constitution doesn’t actually specify what those “municipal affairs” are. That makes the precise scope of a charter city’s political autonomy from the state an uncertain and moving target that courts have had to address on a case-by-case basis.

New homes under construction in Pleasanton on June 16, 2024. The city of Pleasanton has voted to explore the possibility of becoming a charter city.

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Loren Elliott

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CalMatters

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As state lawmakers have unleashed a raft of pro-construction bills over the last decade, the courts have typically allowed them to apply to charter and general law cities alike.

“The courts generally have not been very receptive to charter city arguments given the housing crisis,” said Barbara Kautz, a land use attorney who regularly represents cities and counties.

Kautz’s law firm, Goldfarb & Lipman, has represented Pleasanton, Brentwood and Atherton, but is not doing so in their current quests to become charter cities.

The April ruling is a notable exception to the trend. But it’s also an exceedingly narrow one and not something on which to hang a legal revolution in land use policy, said Kautz. “As a long term strategy to avoid (state housing law), I just don’t know if it would have any effect,” she said.

What the ruling does — and doesn’t — say

California courts have generally let the Legislature steamroll local authorities, even in charter cities, if state lawmakers can prove that they are addressing a matter of “statewide concern” and that the bill they’re passing is narrowly tailored to address that concern.

The 2021 law itself specifies that the “statewide concern” in question is to ensure “access to affordable housing.”

Unfortunately for the state, “affordable housing” has multiple definitions. Affordable housing might refer to units that are legally required to be reserved for people making under a certain income with regulated rents or prices, sometimes called “deed-restricted affordable housing.” Or the term can simply refer to housing that’s cheap.

In his ruling, Kin concluded that the Legislature, in laying out its “statewide concern,” must have meant “affordable” in the first, deed-restricted sense. Because letting homeowners split their houses into duplexes “has, at best, an attenuated connection to affordable housing,” he wrote, the law wasn’t written narrowly enough to advance its stated goal and therefore doesn’t have the authority to trample over the rights of charter cities.

In short, the ruling dings the state duplex law because it didn’t justify its intent with the right term. UC Davis’ Shanske referred to the ruling jokingly as a “Simon didn’t say” legal test.

Kin has yet to submit a final judgment, which will clarify whether the ruling applies to just the five cities that sued or to every one of the more than 100 charter cities across California.

What the ruling doesn’t say is that charter cities are exempt from the duplex law because the state fundamentally lacks the authority to regulate how homes can be divided up. Nor does it say that charter cities are exempt from state housing requirements in general, which would have been at odds with a slew of recent court rulings.

Chris Elmendorf, one of Shanske’s colleagues at UC Davis School of Law who regularly opines on housing policy on social media, called Kin’s conclusion “a weird, narrow decision that turns on a lawyerly sleight of hand.”

A residential street in Pleasanton on June 16, 2024. The city of Pleasanton has voted to explore the possibility of becoming a charter city.

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Loren Elliott

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CalMatters

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Even some of those who welcomed the ruling as a victory for local control were tempered in their enthusiasm, if only because the ruling seems to invite the Legislature to simply fix its wording with another bill. San Diego Democratic Sen. Toni Atkins, who authored the four-unit housing law, is working on a bill this year, Senate Bill 450, which aims to make it harder for local governments to obstruct the earlier duplex law by delaying approvals or imposing costly or unworkable size, design and setback requirements. An analysis last year by the UC Berkeley Terner Center found that the duplex law had resulted in precious little new housing, partially as a result of such restrictions.

Asked whether Atkins plans to respond to Kin’s ruling with a legislative fix, the senator’s spokesperson, Meredith McNamee, said in a statement that the senator believes “some legislative clean-up” would improve the implementation of the law she wrote.

The California Justice Department, which represented the state in the Redondo Beach case, has already filed a notice of appeal.

Garrett Mitchell hit a go-ahead homer in the sixth inning, Milwaukee’s brilliant bullpen slammed the door late and the Brewers rallied past the Los Angeles Dodgers 6-4 on Thursday in Game 4 of the National League Championship Series to earn their first trip to the World Series since 1982.

No. 9 hitter David Hamilton’s two-out solo shot off Edwin Díaz gave the Brewers a two-run cushion in the ninth. Hamilton had just four homers in the regular season.

“We got down early tonight and we were like, it’s going to be a great story,” Brewers captain Christian Yelich said. “We’re going to come back and win this. Like, stay together, start chipping away. And that’s exactly what they did.”

Shohei Ohtani’s first home run this postseason helped put the Dodgers ahead 4-0 in the second inning before the Brewers came back to complete a four-game sweep of the two-time defending World Series champions a year after getting swept by Los Angeles in the NLCS.

Milwaukee became the first major league club to complete a postseason sweep after getting swept by that same opponent in the previous postseason.

“Playing with that chip on our shoulder,” Brewers reliever Aaron Ashby said. “You don’t ever know what to expect going into a series like that last year. You don’t know how bad it can be, and then it was as bad as it was. And we came out and we survived, and we came back this year, and those guys played their tails off.”

The Brewers lost to the St. Louis Cardinals in seven games in their only other World Series appearance, when Milwaukee played in the American League.

With the score tied 4-all, Mitchell fell behind 0-2 before reliever Tanner Scott threw three straight balls for a full count. Mitchell’s 409-foot leadoff drive to center field — the first homer of his career on an 0-2 count — put the Brewers ahead for the first time. Mitchell also homered in their 6-2 victory Wednesday.null

“I’ve always dreamt of moments like these as a kid,” Mitchell said.

The Brewers’ bullpen coolly turned away multiple threats when the Dodgers had the potential tying run on base.

Winning pitcher JoJo Romero struck out Max Muncy with Kyle Tucker at third to end the sixth.

Ashby, who worked three scoreless innings for a save, struck out Ohtani swinging before Mookie Betts grounded out with Andy Pages at third to end the seventh. Will Smith doubled to right with one out in the eighth and was safe at third when the ball got away from Sal Frelick for an error before Ashby got Tucker to fly out and Teoscar Hernández to strike out.

The Brewers tied it in the fifth, when the Dodgers bullpen issued four walks and Milwaukee stole two bases. Hamilton’s single chased starter Tyler Glasnow and scored Frelick, who walked and stole second, to pull Milwaukee to 4-3.

Alex Vesia came in and promptly walked Brice Turang and William Contreras to load the bases. Vesia then walked NLCS MVP Jake Bauers with two outs to force in Hamilton with the tying run.

Glasnow retired his first 10 batters — six on strikeouts — before the Brewers got to him in the fourth. Turang walked, Contreras hit a ground-rule double and Bauers followed with another ground-rule double that closed Milwaukee to 4-2.

Ohtani broke out of his postseason slump with a three-run homer after Pages’ RBI single in the second. The four-time MVP released weeks of pent-up frustration by raising his arms and yelling and the crowd of 49,104 joined him in celebration.

This is a developing story. For the most up-to-date information about the fire you can check:

• CalFire incident page
• Latest information about roads and evacuations
• Traffic map (Caltrans)
  

Parts of Marine Corps Base Camp Pendleton have been ordered to evacuate, and the 5 Freeway was briefly closed in both directions due to a wildfire in the area. The Henderson Fire had charred more than 1,118 acres as of 7 p.m.

CHP closed the 5 Freeway between Harbor Drive, near Oceanside, and Basilone Road, near the Orange County line, but began reopening the interstate just before 6 p.m.

The Camp Pendleton Fire Department was fighting the fire, according to Cal Fire.

The basics

• Acreage: 1,118 acres as of Thursday afternoon
• Containment: 0%
• Structures destroyed: None reported
• Deaths: None reported
• Injuries: None reported

Evacuation orders

According to Cal Fire: "An evacuation order has been published for the Las Flores (41 Area). All affected personnel, please evacuate to Paige Field House, located in the 11 Area." A secondary evacuation point was set up at 21 Area gym, according to the Camp Pendleton Facebook page.

Road closures

• 5 Freeway between Basilone Road and Harbor Drive, but it was being reopened.

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Fire resources and tips

Check out LAist's wildfire recovery guide

If you have to evacuate:

• Why fire officials don't want you to stay and defend your home
• How to get packed up
• How to leave your house
• What evacuation terms mean and how to sign up for alerts

Navigating fire conditions:

• How to drive in high winds and fire danger
• How to prep for power outages
• How to navigate poor air quality

How to help yourself and others:

• Resources for fire victims, evacuees and first responders
• If you want to help fire victims, resist the urge to volunteer
• How to help find lost pets

How to start the recovery process:

• What to do — and not do — when you get home after a wildfire
• How to make an insurance claim
• How to safely clean up wildfire ash

What to do for your kids:

• How to talk to children about wildfires and losing a home
• What parents should know about wildfire air quality

Prepare for the next disaster:

• Fire season is here. Make sure you're signed up for these alerts
• Every day is now fire season. Let's get you ready for the next wildfire
• Yes, wildfires are getting worse. The history that got us to this moment

Topline:

Sales: Wine sales have decreased by more than 20% over a five-year period, causing grape prices to drop and prompting California growers to take roughly a quarter of the state’s vineyards out of production.

“They have way too much of it, and they haven’t been able to sell it the last few years,” said Jess Lander, wine reporter for the San Francisco Chronicle, during a conversation on AirTalk, LAist 89.3’s daily news show.

Bargain bottles: Lander has reported that bottles that typically cost around $150 are now, in some cases, going for less than $30 under a different label.

How to take advantage: Lander says if you’re looking to take advantage of the surplus bargain, look at the region on the bottle and then do a little experimenting with your palate.

Listen to the full conversation above: To learn more about the wine industry’s outlook and the effects on consumers.