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KUSP LandWatch News
Week of January 10, 2011 to January 14, 2011

 

KUSP provided a brief Land Use Report on KUSP Radio from January 2003 to May 2016. Archives of past transcripts are available here.

Week of January 10, 2011 to January 14, 2011

The following Land Use Reports have been presented on KUSP Radio by Gary A. Patton. The Wittwer & Parkin law firm is located in Santa Cruz, California, and practices environmental and governmental law. As part of its practice, the law firm files litigation and takes other action on behalf of its clients, which are typically private individuals, governmental agencies, environmental organizations, or community groups. Whenever the Land Use Report comments on an issue with which the Wittwer & Parkin law firm is involved on behalf of a client, Mr. Patton will make this relationship clear, as part of his commentary. Mr. Patton’s comments do not represent the views of Wittwer & Parkin, LLP, KUSP Radio, nor of any of its sponsors.

Gary Patton's Land Use Links

 

Monday, January 10, 2011
Changing Of The Guard

Local government is where the action is, with respect to land use policy. Tomorrow, significant changes are in store for both Monterey and Santa Cruz County government. In Santa Cruz County, Greg Caput, representing the Watsonville and South County district, will be officially seated for his first meeting as a member of the Santa Cruz County Board of Supervisors. Supervisor Mark Stone is likely to be elected Chairperson of the Board, with Supervisor John Leopold being elected as Vice-Chairperson.

In Monterey County, there is likely to be a new Board Chairperson, too. Supervisor Jane Parker is slated to take over the role, and since she is the most recently elected member of the Board (all other Board members having served multiple terms in office), her year as the Board Chair might bring some procedural and other changes. A celebration is scheduled right after the Board takes action at 9:00 a.m. You are most definitely invited!

There are a couple of important substantive items on the Monterey County Board agenda, too. Item #S-6 is all about the proposed desalination project, and specifically about the environmental review process. Agenda Item #S-2 proposes a new fee waiver policy, to allow public interest organizations to be able to appeal matters to the Board. Now, the appeal fees are so high that it’s virtually impossible to bring forward important matters through the appeal process.

For KUSP, this is Gary Patton.

More Information:

Gary Patton writes a daily blog, “Two Worlds / 365”
http://www.gapatton.net

Supervisor Caput’s Website Information
http://www.co.santa-cruz.ca.us/bds/dist4.htm

Monterey County Board Agenda
http://publicagendas.co.monterey.ca.us/

Item #S-6, Desalination
http://publicagendas.co.monterey.ca.us/MG97055/AS97074
/AS97080/AI97618/DO97619/DO_97619.pdf

Item #S-2, Fee Waivers
http://publicagendas.co.monterey.ca.us/MG97055/AS97074
/AS97080/AI97535/DO97536/DO_97536.pdf

Santa Cruz County Board Agenda
http://sccounty01.co.santa-cruz.ca.us/bds/Govstream/ASP/Display/
SCCB_AgendaDisplayWeb.asp?MeetingDate=1/11/2011

Tuesday, January 11, 2011
Redevelopment In Watsonville

For a long time, the City of Watsonville has wanted to expand industrial development onto adjacent agricultural lands. The Local Agency Formation Commission, or LAFCO, which has jurisdiction over annexations, has historically been unsympathetic. In 2006, however, the so-called Manabe-Ow property was annexed to the City and designated for industrial development. This occurred as part of the implementation of Measure U, the Watsonville growth management policy placed into the City’s General Plan by action of the City’s voters.

To proceed with a major industrial project, which is what the City would like to do, it would be helpful to have financing provided through the City’s Redevelopment Agency. While the Manabe-Ow property is now inside the City limits, it is not part of the City’s Redevelopment Area. The item for discussion tonight is whether or not the City should ask the State Legislature to modify state law, to allow the City to include the Manabe-Ow property in the Redevelopment Area, since it doesn’t qualify for inclusion under current state law.

It may be the City is trying to swim upstream. Doing what the City wants would require what amounts to a state subsidy for the landowner/developers. This is not a great time to be asking for that. The meeting this evening begins at 6:30 p.m. I’ve placed a link in the transcript of today’s Land Use Report.

For KUSP, this is Gary Patton.

More Information:

Gary Patton writes a daily blog, “Two Worlds / 365”
http://www.gapatton.net

Watsonville City Council Agenda Packet
http://www.ci.watsonville.ca.us/agendas/city_council_
redevelopment/011111/racc_packet_011111.pdf

The redevelopment item is Agenda Item #29.

Wednesday, January 12, 2011
Attending By Teleconference

The City Council of the City of Marina met yesterday, and the meeting was held at two different locations. Yes, you did hear that right. Yesterday’s Council meeting was held at the Marina City Hall, and also (by way of teleconference) at 465 Diana Place in Marina. The second location was to facilitate the participation of Council Member David W. Brown.

The Ralph M. Brown Act, found in the California Government Code, specifies with quite a bit of particularity just how public agencies must conduct their meetings. The provisions of the Brown Act are intended to facilitate and guarantee public participation. Any person who really wants to be active in local government affairs needs to read and understand what the Brown Act provides. The Brown Act, and the California Public Records Act, amount to a charter for effective public participation in government.

Among the lesser-known provisions of the Brown Act is Government Code Section 54953(b), which allows meetings to be held by teleconference. It appears, from Google Maps, that the Diana Place location is a private home. I don’t know whether anyone did this, but the Brown Act would have allowed any member of the public who wanted to do so to go into that home, during the meeting, and to participate from there.

I’ve put a link to the Brown Act, and a Brown Act Guidebook, in the transcript of today’s Land Use Report.

For KUSP, this is Gary Patton.

More Information:

Gary Patton writes a daily blog, “Two Worlds / 365”
http://www.gapatton.net

City Council Agenda for January 11, 2011
http://www.ci.marina.ca.us/archives/179/20110111%20AGN.pdf

Brown Act
http://www.leginfo.ca.gov/cgi-bin/displaycode?section
=gov&group=54001-55000&file=54950-54963

Brown Act Guidebook, published by the State Attorney General
http://ag.ca.gov/publications/brownAct2003.pdf#xml=http://
search.doj.ca.gov:8004/AGSearch/isysquery/01e9ed81-
7810-4c72-b613-3d4c40735bd1/6/hilite/

California Public Records Act
http://ag.ca.gov/publications/public_records_act.pdf

Attorney General’s Guide to the Public Records Act
http://ag.ca.gov/consumers/general/pra.php

Thursday, January 13, 2011
The Capitola General Plan Update

Every city and county in California must adopt, and keep current, a local General Plan, to provide guidelines for the future development and use of the lands under the jurisdiction of that city or county. The local General Plan is the “Constitution” for land use for that jurisdiction. There is no more important land use rule or regulation.

For the first time in more than twenty years, the City of Capitola is beginning a General Plan Update process. This is likely to be a two or three year endeavor, and the City would like the community to be involved. Some of the key issues the General Plan Update may address include:

·       Enhancement of 41st and Bay Avenue commercial corridors;
·       Parking and hotel development in the Village; and
·       Promoting environmental and economic sustainability.

The Capitola General Plan Update process will also result in the preparation of a Climate Action Plan, an updated Local Coastal Program, and an updated Zoning Code. The City is hoping that its updated General Plan will provide a new vision and strategy to address the needs of the community.

Public workshops for the General Plan Update are definitely part of the process. Information about the General Plan Update will be posted on the City’s website, and the City will also share information with residents through email updates, direct mailings, and other outreach materials. I hope Capitola residents will plan to get involved!

For KUSP, this is Gary Patton.

More Information:

Gary Patton writes a daily blog, “Two Worlds / 365”
http://www.gapatton.net

City of Capitola Website
http://www.ci.capitola.ca.us/

Capitola General Plan Information
http://www.plancapitola.com/index.htm

Friday, January 14, 2011
LAFCO Water Policies 2011

The Local Agency Formation Commission is not what you would call a well-known governmental agency. But it’s an important one! LAFCO, as it’s called, has jurisdiction over a number of important governmental decisions: Should residents wanting to establish a new city be permitted to move forward with their proposal? Should agricultural or other lands be annexed to an existing city? Should a water or sewer service provider be allowed to extend service into a new area? All of these decisions, which have major implications for the future growth and development of a community, are under the jurisdiction of LAFCO.

If you would like to see a LAFCO in action, and if you would like to participate in an important rulemaking process now underway in Santa Cruz County, mark your calendar for 9:30 in the morning on Wednesday, February 2nd. The Santa Cruz County LAFCO will be meeting at that time on the Fifth Floor of the Santa Cruz County Governmental Center, to decide whether or not to adopt a set of new water policies, to guide LAFCO decisions that might affect either water supply or water quality.

I have been following the development of the proposed guidelines as part of my work as an attorney for the Community Water Coalition. I expect I’ll be making comments, and attending the upcoming public hearing, and I hope you’ll think about getting involved, too. There is more information in the transcript of today’s Land Use Report.

For KUSP, this is Gary Patton.

More Information

Gary Patton writes a daily blog, “Two Worlds / 365”
http://www.gapatton.net

Santa Cruz County LAFCO
http://www.santacruzlafco.org/

Information on Proposed Water Policy Guidelines
http://www.santacruzlafco.org/pages/notices.html

Santa Cruz Sentinel newspaper article on LAFCO water policies
http://www.mercurynews.com/breaking-news/
ci_17017428?nclick_check=1

Archives of past transcripts are available here


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