A community’s ability to regulate the use of land is sometimes called its “police power.” That phrase could conjure up a kind of “cops and robbers” image, since we associate the police with criminal investigation and enforcement. A quick look into Partridge’s Short Etymological Dictionary of Modern English, however, provides another perspective. Etymology is the study of the origin of words. The entry for “police” says: “Police, whence policeman; policy (science, or the tactics, of government); polity, politic … political … politician.”

Our land use powers are directly related to our political life, and the choices we make through the political process. The courts have said that the “police power” is an ample and expansive power, which means that what a community wants to do, if done through the proper procedures, is almost always within the authority of the community. Our Constitution places some important limits on the police power, but the general idea is that we can use our political system to establish broad-ranging policies to achieve community goals.

Tomorrow, the Santa Cruz County Board of Supervisors will decide whether or not to establish a moratorium on genetically engineered crops. A decision to do that would be a good example of how our “police powers” allows us to react to community concerns. There is more information below.

For KUSP, this is Gary Patton.

More Information

Santa Cruz County Government Website
http://www.co.santa-cruz.ca.us/

June 20, 2006 Board of Supervisors Agenda
http://sccounty01.co.santa-cruz.ca.us/bds/Govstream/
ASP/Display/SCCB_AgendaDisplayWeb.asp?MeetingDate=6/20/2006

Staff Report on Genetically Engineered Crops Item
http://sccounty01.co.santa-cruz.ca.us/bds/Govstream/
BDSvData/non_legacy/agendas/2006/20060620/PDF/064.pdf

Yesterday, I talked about the “police power” that underlies our ability, as a community, to establish broad-ranging policies to achieve community goals. Land use regulations are a particularly good example of the scope of the police power. Normally, the police power is exercised on behalf of the community by our democratically-elected representatives. We live in a “representative” democracy. At the County level of government, this means that the entire political power of the people is exercised by five individual persons, the five Supervisors who are elected to run the County. Anything that county government can legally and constitutionally do, can be done by three votes out of the five. The recent Supervisorial elections, in other words, were quite important.

There is a safeguard, which is the continuing right of the public to act directly, through the initiative, referendum, and recall. As you’ll remember, citizens in Monterey County have been trying to exercise both their referendum and initiative powers, with respect to Rancho San Juan, and a new General Plan, and the Monterey County Board of Supervisors has done everything in its power to prevent the public from having its say. In Santa Clara County, today, the Board will decide what to do about the PLAN initiative, to protect open space and natural areas. You can get more information on the PLAN initiative below.

For KUSP, this is Gary Patton.

More Information

PLAN Initiative Website
http://www.openspace2006.org/

To help with the initiative contact Peter Drekmeier – Telephone: 650-223-3306; Email: peter@openspace2006.org.

Santa Clara County Website
http://www.sccgov.org/portal/site/scc/

The PLAN Initiative is Item #40 on the June 21, 2006 Board Agenda
June 21, 2006 Board Agenda
http://www.sccgov.org/portal/site/scc/menuitem.8fd5054dfaaa2488
dfe093102830a429/?contentId=3d3e9ae7d84db010VgnVCMP2200049
dc4a92____&agendaType=BOS%20Agenda

The Planning and Conservation League works with groups and individuals from around the state, on virtually every important environmental issue. Recently, I heard from the Pacific Energy Policy Center, based in San Diego County. As the name suggests, this group works mostly on energy issues, and has become quite active in discussions about a proposed “smart growth” regional growth management program for San Diego County. Getting involved in growth management, of course, is not a step away from a focus on energy policy. To address global warming, and our energy crisis generally, we must stop our destructive pattern of urban sprawl. The long distance commuting associated with sprawl represents a massive waste of energy, and increased global warming pollution, besides having a disastrous impact on natural resources and the stability of our local communities.

Energy activists in San Diego believe that “any pending state legislation addressing smart growth needs to establish a clearer link between increased urban infill densities and a real slowing of sprawl …. So far, that doesn’t seem to be happening [and] … we’re getting the worst of both worlds.”

This comment is right on target. It’s attractive to think about solving our problems with “incentives,” but incentives alone won’t work. Huge amounts of money can be made by sprawl developers, and until we shut that door, we’re going to continue to get sprawl.

For KUSP, this is Gary Patton.

More Information

San Diego Association of Governments (SANDAG)
http://www.sandag.cog.ca.us/

SANDAG Regional Growth Program
http://www.sandag.cog.ca.us/index.asp?classid=12&fuseaction=home.classhome

SANDAG Smart Growth Concept Map
http://www.sandag.cog.ca.us/index.asp?projectid=296&fuseaction=projects.detail

PCL Website
http://www.pcl.org

I had a great time last week addressing an “Environmental Leadership” class at De Anza Community College. De Anza is located in Cupertino, and its environmental studies program is based in a brand-new, state of the art environmental building, called the Kirsch Center. The head of the Environmental Studies program is a Santa Cruz County resident, and I was called in to discuss some of the environmental efforts the Santa Cruz County community has undertaken, as a possible source of inspiration and motivation for young leaders operating on the other side of the hill.

Naturally, I was delighted to be able to tell stories about how Santa Cruz County residents have been successful in achieving a number of important environmental goals, though I did convey the idea that there is still more to do! What was most interesting, however, was the “class project” that was described to me by the thirty or so young people enrolled in the De Anza “Environmental Leadership” class. This class is developing information and organizing an effort to establish and protect wildlife corridors across the Coyote Valley, which has been designated by the City of San Jose as an area for future urban expansion. The young people in this class (like the Santa Cruz County residents involved in environmental success stories here) simply don’t accept the idea that the destruction of our natural environment is “inevitable.” They’re looking for a way to insure that future growth does not destroy wildlife and wild lands. That’s the kind of environmental leadership we need!

For KUSP, this is Gary Patton.

More Information

De Anza College Website
http://www.deanza.edu/

De Anza Environmental Studies Department
http://environmentalstudies.deanza.edu/

Sometimes my timing is good! Last week, I reported that the San Lorenzo Valley Water District had agreed to purchase the Malosky Creek Forest from the Sempervirens Fund, and that the proceeds of this sale were to be used by the Sempervirens Fund to help offset the cost of its proposed purchase of the headwaters of Lompico Creek. What I didn’t know at the time was that the purchase of the Lompico Creek Headwaters was actually going to be consummated practically at the same instant that my Land Use Report was aired. So this week, there is second piece of good news! Using funds from the Water District sale, and going out on a limb with a bridge loan, the Sempervirens Fund has now actually completed its purchase of the Lompico Headwaters. This means that a spectacular piece of forested property will be preserved forever, and it means that the watershed providing a domestic water supply in the Lompico area will be given permanent protection.

Here’s the chaser: the Sempervirens Fund, which is a private nonprofit dedicated to preserving and protecting California’s redwood forests, is now “on the hook” for $3.8 million dollars, and it has to raise this money. You may be in a position to help. If you are, and want to contribute, please click on the links below.

In November, an initiative bond act will be on the statewide ballot, and if passed, that bond act will make a lot more of these kinds of deals possible.

For KUSP, this is Gary Patton.

More Information

To Learn How To Contribute, Visit The Sempervirens Fund Website
http://www.sempervirens.org/

Lompico Headwaters Project
http://www.sempervirens.org/lompicoheadwtrs.htm

Malosky Creek Forest
http://www.sempervirens.org/ValleyPressMalosky.pdf