Regular listeners to this Land Use Report know that the Local Agency Formation Commission, or LAFCO, is a governmental agency that plays an important role in land use decision-making. Most people in California don’t know that, even if they pay pretty close attention to government and politics at the local level. LAFCO tends to be “below the radar” for most of us, partly because it is not a body whose members are directly elected, and partly because it handles truly “big issues” on an infrequent basis. When it does handle those “big issues,” though, it would be hard to overstate the importance of LAFCO’s role. LAFCO decides whether or not new cities will be formed; whether cities will be allowed to expand outwards, and where critically important water and sewer services will be provided.

Will the City of Santa Cruz be allowed to expand its water service to facilitate UCSC expansion? The Santa Cruz County LAFCO will decide that question. Will the Aromas Water District be allowed to expand its service boundaries by approximately 1,700 acres in North Monterey County? The Monterey County LAFCO will decide that. In fact, the Monterey County LAFCO is making that decision this afternoon, at 4:00 o’clock. The idea is to provide a more reliable water supply for North Monterey County, in areas where groundwater wells are failing. You can get the full story at kusp.org/landuse.

More Information:

• Gary Patton’s Two Worlds Blog
• Monterey County LAFCO Website
• June 25, 2012 LAFCO Agenda
• Staff Report, Aromas Sphere of Influence Item
• California Association of LAFCOs (CALAFCO) Website

I want to highlight a couple of important land use related items that will be addressed in meetings taking place today, one in Monterey County and one in Santa Cruz County.

First up, in Monterey County, is the meeting of the Monterey County Board of Supervisors. The Board’s meeting begins at 9:00 this morning, and a link to the agenda is found in the Land Use Report blog at kusp.org/landuse. The item to which I want to draw your attention is Item #20, scheduled at 1:30 this afternoon. At that time, the Board will consider whether or not to designate the Whispering Oaks site for permanent protection as open space. As you probably remember, the County was pursuing a controversial proposal to remove over 3,000 oak trees, to facilitate the development of a bus yard and business park. The developers called it “Whispering Oaks.” A referendum measure put an end to that plan. Now, the question is whether the Board will give this area permanent protection. Supervisor Jane Parker is urging the Board to do that. You can weigh in yourself, this afternoon!

In Santa Cruz, this evening, the County Planning Department will be hosting a public meeting on the County’s Preliminary Draft Climate Action Plan. The meeting will take place from 6:30 to 8:30 p.m. at the Live Oak School Auditorium, located at 1916 Capitola Road. You are very much invited to participate!

More Information:

• Gary Patton’s Two Worlds Blog
• Monterey County Board of Supervisors Agenda
• The Parker Report on The Whispering Oaks Protection Proposal
• Preliminary Draft Climate Action Plan For Santa Cruz County
• Staff Report on Climate Action Plan

The Center for Biological Diversity, or CBD, is a nonprofit group that seeks to protect and preserve the habitat of endangered species. I like their organizational tagline: “Center for Biological Diversity - Because life is good.” You can get a web reference to sign up for CBD’s newsletter and action alerts at kusp.org/landuse.

Because I have already signed up for alerts from CBD, I know that an important workshop is being held this evening in Salinas, to get public input on the rules that will govern “fracking” in our state.

“Fracking” is the shorthand designation for “hydraulic fracturing,” an oil and natural gas drilling technique that could poison California's water and air and hurt both people and wildlife. Fracking employs toxic chemicals like lead, arsenic, chromium 6 and benzene, which currently go unmonitored and unregulated. In fact, state officials don't even know exactly where fracking is occurring, though it is probably occurring in Monterey County. Tonight, the Department of Conservation will listen to the public, and get their input on the rules that will govern fracking in California.

The workshop is scheduled from 7:00 to 9:00 p.m. this evening in the Santa Lucia Room at the Steinbeck Institute, located at 940 North Main Street in Salinas. I hope you will consider attending.

More Information:

• Gary Patton’s Two Worlds Blog
• Center for Biological Diversity Website
• CBD Position Statement on Fracking
• Department of Conservation Workshop Announcement
• For more information contact Rose Braz, Climate Campaign Director:
  • Email: rbraz@biologicaldiversity.org
  • Telephone: (415) 436-9682, Ext. 319

“The Edge,” a guitarist with the group U2, whose real name is David Evans, wants to build five mansions on a scenic bluff above Malibu. The Coastal Commission said “no.” Those following the decisions of the Coastal Commission were particularly interested in this application, because wealthy and well-connected applicants often come to the Commission with the idea that the rules that apply to everyone else shouldn’t apply to them. In the event, it turned out that the Commission did apply the same rules to Evans as it applied to others, and turned down Evans’ effort to build those mansions in Malibu.

Because Evans is both wealthy and well connected, however, he wasn’t willing to take that “no” vote as the final word. With the assistance of the former Speaker of the Assembly, Fabian Nuñez, The Edge had a bill introduced in the Legislature that would have overruled the Commission’s decision. AB 2226 “sailed through the Assembly,” according to the Los Angeles Times, but was turned down in the State Senate on June 19th. As structured, the bill would have done far more than overturn the Commission’s decision on The Edge’s proposed Malibu mansions; it would have radically changed evidentiary standards based on the Common Law, and opened up development throughout the state.

The Edge aimed at Malibu. His target could well have been Big Sur, or the Santa Cruz County North Coast. Those who care about land use need to be vigilant. I think that’s the lesson here.

More Information:

• Gary Patton’s Two Worlds Blog
• LA Times Article on Malibu Mansions
• Information on AB 2226 (Hueso)

The land use and other “plans” that we adopt at the local level are intended to guide future growth and development, and really do represent a community’s “vision” for the future. On the other hand, local agencies quite typically modify their plans, to accommodate specific development proposals that are totally inconsistent with the plans that the agency has adopted.

Obviously, agencies that modify their plans to facilitate development projects that are inconsistent with those plans, really undercut the integrity and meaningfulness of the plans themselves. In fact, if the plans are “made to be broken,” which is what some agencies seem to believe, it’s hard to get members of the public interested in spending their evenings and weekends in planning workshops and public hearings. During the time I was the Executive Director of LandWatch Monterey County, I found this problem to be particularly frustrating. Monterey County has a long history of “planning” on a case-by-case basis. That really does pose a dilemma for those who are urging local residents to get involved in the planning process.

Still, our plans do represent a written down statement of what we want to do, and of what kind of community we want to have. The Santa Cruz County Regional Transportation Commission has recently completed a set of goals, targets, policies and strategies, and will be doing more planning during the summer. Despite the problematic nature of “planning,” I encourage you to get involved.

More Information:

• Gary Patton’s Two Worlds Blog
• Information on the next Regional Transportation Plan (RTP)