The Land Use Report

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Friday, May 4, 2012

Photo Credit: Bon Appetit Management Company / NSAC

Congress is considering a new farm bill, and on April 26^th, the Senate Agriculture Committee voted to modify the existing system of agricultural subsidies, terminating the ability of industrial scale farms to collect millions of dollars in subsidies by allowing passive investors to be counted as farm “managers.” By closing that loophole, among other changes, it is estimated that the committee bill would save taxpayers $23 billion dollars over the next ten years.

Good news for the environment was a provision in the committee bill for a nationwide “Sodsaver” program, to protect native grass and prairie lands. Reform advocates, however, like the National Sustainable Agriculture Coalition, would like even more reforms. “Most noticeably,” said their spokesperson Ferd Hoefner, “the committee failed to provide adequate funding for the Beginning Farmer and Rancher Development Program, thus limiting critical resources that new farmers need to succeed.”

The National Sustainable Agriculture Coalition wants the farm bill to expand opportunities for family farmers to “produce good food, sustain the environment, and contribute to vibrant communities.” In our Region, this could help sustain local agriculture, which is ever more focused on organic production and local marketing. You can find out more about the BFROA, or the Beginning Farmer and Rancher Opportunity Act, at kusp.org/landuse

More Information:

Gary Patton’s Two Worlds Blog

Information on the 2012 Farm Bill

National Sustainable Agriculture Coalition (NSAC) Website

NSAC Comments on Senate Farm Bill Markup and Passage

Information on the Beginning Farmer and Rancher Opportunity Act

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Photo Credit: Monterey County Weekly

In Monterey County, there are at least three desalination water supply projects under active development. One project, sponsored by the California American Water Company, or Cal Am, could cost up to $395 million dollars. It would consist of a company-owned desal plant north of Marina, expanded aquifer storage and recovery in collaboration with the Monterey Peninsula Water Management District, and water purchased from the Monterey Regional Water Pollution Control Agency’s groundwater replenishment project. This project is supposed to replace the failed regional desalination project, which has collapsed amidst financing difficulties, conflict of interest allegations, and legal challenges.

Second, a private company is boasting that they have a “deep water desal” opportunity that could reduce the impacts of desalination on the marine environment. This project would be based in Moss Landing.

Third, developer Nader Agha is proposing what he calls the “People’s Water Project,” also to be built at Moss Landing. That project has won initial support from the City of Pacific Grove, which has adopted a resolution to pursue lead agency status for what otherwise would be a private project. Pacific Grove is hoping, ultimately, to bring other public agencies on board.

If this all seems confusing, it is. I’ll try to keep you posted!

More Information:

Gary Patton’s Two Worlds Blog

Monterey County Herald Story on Cal Am Desal Project

The “People’s Water Project” Website

The “Deepwater Desal” Project Website

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Photo Credit: Save The Redwoods League

Tonight, from 6:00 to 8:00 p.m., the Land Trust of Santa Cruz County will be holding a meeting in Davenport, at the Davenport Elementary School, to discuss the future of the 8,532-acre CEMEX property, recently acquired by a consortium of land trust and conservation organizations. The CEMEX property is the largest expanse of unprotected redwoods and wildlife habitat in the Santa Cruz Mountains, and is the largest private landholding in Santa Cruz County. It extends from the gently rolling hillsides along Highway One through steep, forested slopes reaching all the way to the ridgeline along Empire Grade. Conservation of the CEMEX property will link 26,000 acres of contiguous protected lands, and will provide a critical wildlife linkage in the face of growing impacts from both development and climate change.

Santa Cruz County residents have worked hard to preserve and protect the Santa Cruz County North Coast. Just recently, the California Coastal Commission took action to provide permanent protection for the former Coast Land and Dairies property. Protecting the CEMEX property, which is adjacent to the Coast Land and Dairies property, is the next step in North Coast conservation.

The stakes for the future of Santa Cruz County and the North Coast couldn’t be higher. I hope you’ll attend the meeting tonight in Davenport. There is more information at kusp.org/landuse.

More Information:

Gary Patton’s Two Worlds Blog

Land Trust of Santa Cruz County Website

A free newsletter on the CEMEX property

Press Announcement on CEMEX Property Acquisition

Save The Redwoods League Website

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Tuesday, May 1, 2012

Carmel's New Mayor, Jason Burnett

The Carmel City Council will be meeting this afternoon at 4:30 at the Carmel City Hall. You are certainly invited to attend, though I can’t promise lots of controversial items on the Council agenda. The Council will consider the placement of a webcam at Carmel Beach, and will also consider a resolution accepting a gift from the Carmel-by-the-Sea Garden Club, and authorizing the Garden Club to perform work on the City Hall Gardens, including the placement of a memorial sign. I personally don’t see either of these items as terribly contentious, but there might be another reason to head down to the City Hall today at 4:30. A municipal election was held in Carmel on April 10^th, and that election has resulted in some changes; for one thing, Carmel-by-the-Sea now has a new Mayor.

Unlike many smaller cities, most of which allow the City Council to appoint one of its members as Mayor, with the result usually being that this post “rotates” among the elected City Council members, Carmel has a directly elected Mayor. Former Mayor Sue McCloud decided not to run for reelection, and Jason Burnett was elected Mayor on April 10^th. There is something new in Carmel!

I have placed some links in the Land Use Report Blog, online at kusp.org/landuse, and if you can’t make it to the meeting this afternoon, you can watch it on streaming video. I’ve got a link for that, too.

More Information:

Gary Patton’s Two Worlds Blog

Agenda, Carmel City Council

Carmel City Website

Streaming Video of City Council Meetings

Monterey County Weekly Story on Carmel Mayor Election

Jason Burnett’s “Community Conversation” Website

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Monday, April 30, 2012

Photo Credit: Carmel Valley.com

As far as I know, the Monterey County Board of Supervisors will be meeting tomorrow. Usually, the County’s website provides ample evidence of such an upcoming meeting, specifically by making the complete agenda packet available online. As I’m recording this edition of the Land Use Report, however, there is no online agenda available. What is available is a listing of the Board’s last meeting, and a “Notice of Cancellation And Adjournment.” That notice tells the public that the meeting formerly scheduled on April 24^th would be “adjourned to Tuesday, May 1, 2012, commencing at 9:00 a.m.” By the time you are actually hearing this on KUSP, I hope that the County Clerk will have made agenda materials available online

There is at least one important land use item scheduled for Board consideration tomorrow, and that item is mentioned in the “Notice of Cancellation And Adjournment.” The Planning Commission denied an application for the construction of thirty-one market rate lots, and eleven units targeted for average and below average income persons. This is the so-called “Val Verde project,” located on Val Verde Drive in Carmel Valley. The developer has appealed that Planning Commission denial. If you have an opinion about the proposed development, the Board is supposed to take action at 10:30 tomorrow morning.

More Information:

Gary Patton’s Two Worlds Blog

Monterey County Website

Monterey County Board of Supervisors Agenda

LandWatch Bulletin on the Val Verde Project

 

 

 

 

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Friday, April 27, 2012

San Francisco Bay Area Independent Media Center

I try to cover important land use related issues here on the KUSP Land Use Report, and I encourage listeners to let me know of items they think I should put on the air. I also want to hear from you when I’ve made a mistake, or misstatement, or when I haven’t talked about something important, or if you think I have mischaracterized the issues in some way. You can email me by visiting the Land Use Report Blog, at kusp.org/landuse.

One listener recently suggested that I alert the Land Use Report audience to a website maintained by the Sierra Club’s Ventana Chapter, which covers both Monterey and Santa Cruz Counties. Indeed, this website does have good information on land use issues that I may not have been able to cover. There is a link in today’s transcript.

If you are interested in learning about the role of water policy in the proposed long-term growth and development of the University of California at Santa Cruz, you might want to mark your calendar for a presentation on Sunday, April 29^th, from 7:00 to 8:00 p.m. The presentation will be held in Room 159 at Kresge College. UCSC Lecturer David Shaw is sponsoring this event. Participating will be Natalie Nugent and Wicapeluta Candelaria of the group “Long Range Resistance.” Comments by Rick Longinotti of the Right to Vote on Desal Coalition, and by me, are also on the program.

More Information:

Gary Patton’s Two Worlds Blog

Sierra Club Website

Wittwer & Parkin LLP, the law firm with which I am associated, is representing the Community Water Coalition (CWC) with respect to some of the water policy issues related to the proposed growth of UCSC. The firm also represents the Sierra Club, Ventana Chapter on various issues.

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California Coastal Commission

Under current law, protection for the Coastal Zone is provided through strong state policies, as found in the Coastal Act. These policies, however, are not directly implemented by either the Coastal Commission or any other state agency – at least not in the normal case. State policies control what happens, but the enforcement and application of those policies occurs not at the “state,” but at the “local” level. The “LCP,” or “Local Coastal Program,” is the mechanism that translates state policy into local policy. Each local government with land in the state-defined “Coastal Zone” has to adopt its own planning parameters, consistent with state policy requirements. That’s the LCP. Once the local government has received Coastal Commission approval for its LCP, the local government is the normal permitting agency, subject to a right of appeal, in some instances, to the Commission.

Naturally, adopting, revising, and implementing the LCP costs money. There was a proposal in early state budget language to eliminate the LCPs. In essence, that probably would have ended the state-local partnership on coastal protection. You can read a Coastal Commission staff report by finding the right link at kusp.org/landuse. As it turns out, and luckily, I think, such radical changes are apparently not going to be coming to the Coastal Permit process.

More Information:

Gary Patton’s Two Worlds Blog

Coastal Commission Staff Report on Trailer Bill Language on LCP Elimination

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Wednesday, April 25, 2012

Montara Lighthouse, Wikipedia

There is some good news for those who have more or less assumed that there is a legal right to challenge proposed development projects, if you think a local government hasn’t followed the law. Neighbors, and two environmental organizations, thought that a couple of development permits granted by San Mateo County should not have been granted. They therefore appealed to the Coastal Commission, to ask for Coastal Commission review. Again, this seems normal, and fair; you can always appeal, right?

Well not necessarily, at least according to the developer. The developer sued the neighbors, and the two environmental organizations, and the Coastal Commission, in a lawsuit that seemed designed to stifle public participation. This is a prototypical “SLAPP” suit, a “strategic lawsuit against public participation.” If you can be sued for exercising your right to appeal that definitely chills your willingness to get involved.

San Mateo County Superior Court Judge Marie Weiner found for the defendants, who included the Committee for Green Foothills, Montara Neighbors for Responsible Development, and nine individuals. She ruled that these appellants were legally entitled to file the appeal to the Coastal Commission, and could not be individually sued for doing so. The Judge issued an order awarding the defendants more than $52,000 in attorney fees and costs, as provided by the state’s Anti-SLAPP statute. There’s a link at kusp.org/landuse.

More Information:

Gary Patton’s Two Worlds Blog

Committee For Green Foothills

California Anti-SLAPP Law

Jonathan Wittwer and Ryan Moroney of Wittwer and Parkin LLP, the law firm with which I am associated, represented the neighbors and organizations in the anti-SLAPP action. Ronald Zumbrun of Arcata represented the developer, Thomas Mahon.

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Tuesday, April 24, 2012

City of Salinas

The Salinas City Council is meeting this afternoon at 4:00 o’clock, at the City Hall in Salinas. There are a couple of items on the Council agenda that may be of interest to those who follow land use and development issues in that city. Under the “Public Hearing” heading, Item #1 is the consideration of a proposed adjustment of development impact fees associated with new development in Salinas. As you might imagine, the proposed “adjustment” would not lower, but would raise those impact fees by almost three percent, effective July 1^st of this year. Under the “Consideration” heading, Item #2 is a Memorandum of Understanding between the County of Monterey and the City, relating to planning of the Downtown Government Center.

Residents of the City of Santa Cruz should be aware that the Santa Cruz City Council is also meeting this afternoon and this evening. At 7:00 p.m., the Council will be holding a study session on the City’s Capital Improvement Program. I found it interesting that the pages relating to the development of a desalination plant for the City never use the word “desalination.” Instead, this project (ultimately to cost over $100 million) is described as Project # c700305, or “Water Supply Project.” As usual, you can find links at kusp.org/landuse.

More Information:

Gary Patton’s Two Worlds Blog

Santa Cruz City Council Agenda, Tuesday April 24, 2012

City of Santa Cruz Capital Improvement Program Budget

City of Salinas Website

Salinas City Council Agenda, Tuesday April 24, 2012

Video with Gary Patton remarks at a “Right To Vote on Desal” Event held on April 7, 2012

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Monday, April 23, 2012

California Association of LAFCOs

The Monterey County Local Agency Formation Commission, or LAFCO, meets at 4:00 o’clock this afternoon, and I found Item No. 7c particularly interesting. This is a report on the legislative activities of the California Association of LAFCOs.

CALAFCO, as it is called, is a statewide organization that represents the interests of LAFCOs in the State Capitol. Santa Cruz County Supervisor John Leopold is currently on the CALAFCO Board of Directors; Santa Cruz LAFCO Public Member Roger Anderson actually served as the CALAFCO Board President. The CALAFCO website is a good source of information on all matters related to LAFCO.

The CALAFCO legislative report indicates that Assembly Bill 1498, now pending in the Assembly, seeks to amend Government Code §56133. This is the section of law that has played such an important part in the applications of the City of Santa Cruz, and the University of California at Santa Cruz, in their effort to have City water services extended, to facilitate the construction of over three million square feet of new buildings on the UCSC North Campus. Those interested in that issue should take a look at AB 1498. You can find a link in today’s Land Use Report Blog at kusp.org/landuse.

More Information:

Gary Patton’s Two Worlds Blog

Monterey County LAFCO

LAFCO Agenda, April 23, 2012 Meeting

Staff Report, Agenda Item No. 7c

Senate Bill 1498, As Introduced

CALAFCO Website

Wittwer & Parkin LLP, the law firm with which I am associated, is representing the Community Water Coalition (CWC) on matters related to the proposed LAFCO applications.