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KUSP LandWatch News
November 28, 2011 to December 2, 2011

 

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

November 28, 2011 to December 2, 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

 

A “Special Meeting” You Can’t Attend
Monday, November 28, 2011

The Monterey County Board of Supervisors ordinarily meets on Tuesdays, but there is no such meeting tomorrow. There is, however, a meeting today. That meeting is slated to start at 1:30 this afternoon, and to run until 5:00 o’clock. It’s a “Special Meeting,” and while most “special” meetings are open to the public, this one is “closed.” That’s because the Board’s agenda for the meeting this afternoon is totally given over to the Board’s discussion of existing or potential litigation.

The Ralph M. Brown Act, which applies to local government agencies, essentially requires all meetings to be open and public, but there are a few exceptions. The Boards of governmental agencies are allowed to meet behind closed doors with their attorneys, just as every one of us can speak with an attorney in private, and never have to tell anybody what was said, even in court. That attorney-client privilege for public agencies does seem fair. There is, though, a real temptation to abuse this privilege. Concerned members of the public should pay close attention to what is supposedly being discussed. An informed public should know its Brown Act.

Today, land use related lawsuits (and water-related lawsuits) are the basic topic for discussion. You can get a link to the closed session agenda, and a very helpful Guide to the Brown Act, prepared by the State Attorney General, on the KUSP website.

For KUSP, this is Gary Patton.

More Information:

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

Agenda, November 28, 2011 Closed Session Agenda
http://publicagendas.co.monterey.ca.us/

Attorney General’s Guide To The Ralph M. Brown Act
http://www.firstamendmentcoalition.org/
attorney-generals-guide-to-the-brown-act/

Infrastructure Matters
Tuesday, November 29, 2011

The way the land use approval process is normally set up, members of the public only find out about a proposed project very late in the process. It is much better, and more effective, for the public to work at the “policy” level (particularly in helping to develop General Plan policies that the public wants to have applied within the particular jurisdiction). Since state law provides that every “project” approval must be “consistent” with applicable General Plan “policies,” getting the right “policies” in place can eliminate a lot of problems at the “project” level.

“Infrastructure” decisions are very much like “policy” decisions, and maybe even more important. Project level decisions will essentially flow, naturally, from whatever infrastructure decisions have been made. If water, and sewer, and roadway improvements have been built, or have been authorized, you can be sure they’ll be used.

In Monterey County, the future of the former Fort Ord is a big issue. Some want to preserve most of the area in its natural state. Others want development. If water, sewer, and road infrastructure is approved, the development that it will facilitate will be forthcoming. So, if you’d prefer a more “natural” Fort Ord, get involved now. A proposal is pending to put the largest part of Fort Ord into the Marina Coast Water District. That only makes sense if future development is what is desired.

For KUSP, this is Gary Patton.

More Information:

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

For a discussion of the issues involved in the typical project approval process, see the chapter on “Permit Process Reform” in Land Use and The General Plan, a LandWatch Monterey County publication.

Marina Coast Water District website
http://www.mcwd.org/

The Watsonville General Plan
Wednesday, November 30, 2011

Tonight, starting at 6:00 o’clock, the Watsonville Community Development Department will be holding a community meeting on the City’s proposed 2030 General Plan Update. The meeting will be held in the Watsonville Civic Plaza Community Room, and I strongly urge interested persons to attend, and to get involved now in the Watsonville City General Plan Update process.

Most of us get involved in land use issues only when a land use “project” comes along that we either hate or love. We fight it, or support it, but land use decisions made at the “project level,” are always based on earlier decisions made on the overall land use “policies” that guide the future development of our communities. And, as I said yesterday, land use “project” decisions also reflect our earlier “infrastructure” decisions that have determined where we will build water and sewer lines and major roadways.

If you want to have a real impact on the future of your community, getting involved in the General Plan Update process is a very good way to do that. In the case of Watsonville, the stakes are quite high. The City has traditionally tried to push its urban development out onto surrounding farmlands, and this has big implications for the local economy, as well as for the natural environment. Remember, there is an important meeting tonight, and 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

2005 City General Plan Currently In Force
http://www.ci.watsonville.ca.us/departments/cdd/
general_plan_05/watsonsonvillegp05.html

City 2030 General Plan Currently Invalidated By Court Order
http://www.ci.watsonville.ca.us/departments/cdd/
general_plan/watsonvillevista.html

More Information Including a City PowerPoint Presentation on Proposed General Plan
http://www.ci.watsonville.ca.us/departments/cdd/
commdept.html

Meeting Notice
http://www.ci.watsonville.ca.us/
departments/cdd/postcard_bw.pdf

The Future of Fort Ord
Thursday, December 1, 2011

Today, The League of Women Voters of the Monterey Peninsula is sponsoring a forum to discuss the future of Fort Ord. It’s late to provide you with this advisory, but if you can get to the Oldemeyer Center in Seaside by 9:30 this morning, you will have a chance to confront issues like the following:

  • Does the 1997 Fort Ord Reuse Plan need rethinking and redoing?
  • What about the idea of horse racing, and 50 events a year, on the former Parker Flats?
  • What is up with the Southern California developer of the proposed Monterey Downs Horse Park?
  • How come the base wide Habitat Conservation Plan has never been completed?
  • What is the status of the Army-sponsored cleanup of the former Army base?
  • What is going on with the so-called “Eastside Parkway?”

The League forum is scheduled from 9:30 to noon, today. The forum will take place at the Oldemeyer Center, 986 Hilby Avenue in Seaside. Participants will include Assembly Member Bill Monning; Alec Arago, who is the District Director for Congress Member Sam Farr; Michael Houlemard, Jr., Executive Officer of the Fort Ord Reuse Authority; County Supervisors Dave Potter and Jane Parker; Marina Mayor Bruce Delgado, and Seaside Mayor Felix Bachofner.

Land use decisions affecting Fort Ord are going to have a critical impact on the future of Monterey County.

For KUSP, this is Gary Patton.

More Information:

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

FORA Website
http://www.fora.org/

League of Women Voters of the Monterey Peninsula
http://www.lwvmp.org/

Meeting Notice
http://www.lwvmp.org/calendar.html

The Future of Pogonip
Friday, December 2, 2011

The City of Santa Cruz is thinking about changing its Pogonip Master Plan. In fact, it’s probably likely that the City Council will make the changes being discussed, absent some significant public involvement that says that things should stay pretty much the way they are now. Whether or not to change the current Pogonip Master Plan, and how Pogonip is used, is quite an important issue, and there are strong feelings on all sides. As usual, I am using the “bully pulpit” of the Land Use Report not so much to convey my own thoughts, but to urge you to get personally engaged and personally involved yourselves. If you track down the transcript of today’s Land Use Report, by clicking on the “Archives/Podcasts” link at the top of the KUSP Home Page, you will find some links that will introduce you to the topic.

According to the current Pogonip Master Plan, “Pogonip is a place to be appreciated for its natural beauty, habitat value and serenity, in contrast to the built environment. Pogonip should provide the community with education and recreation opportunities that are environmentally and economically sustainable.” The proposed changes to the Master Plan would provide for a “multi-use trail,” and introduce mountain biking into the Pogonip environment. And the City is not planning to do a full-scale environmental review.

If you care, get involved!

For KUSP, this is Gary Patton.

More Information:

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

Pogonip Watch Website
http://pogonipwatch.org/

City Website on Proposed Multi-Use Trail
http://www.cityofsantacruz.com/index.aspx?page=1543

Current Pogonip Master Plan (Part I)
http://www.cityofsantacruz.com/Modules/
ShowDocument.aspx?documentid=15516

Current Pogonip Master Plan (Part II)
http://www.cityofsantacruz.com/Modules/
ShowDocument.aspx?documentid=15515

Notice of Proposed Mitigated Negative Declaration
http://www.cityofsantacruz.com/Modules/
ShowDocument.aspx?documentid=15515

Archives of past transcripts are available here


LandWatch's mission is to protect Monterey County's future by addressing climate change, community health, and social inequities in housing and infrastructure. By encouraging greater public participation in planning, we connect people to government, address human needs and inspire conservation of natural resources.

 

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