Under state law, every public agency must prepare an Environmental Impact Report, or EIR, for any proposed action by the governmental agency that “might” have an adverse impact on the natural environment. Required EIR procedures are intended to ensure that ordinary members of the community can be fully informed on what the government is planning to do, before it acts, and that gives members of the public the power to demand that the government respond substantively to their comments.

The EIR process only works the way it is supposed to if members of the public in fact get personally involved. If they do, they can have a big impact on the specifics of a proposed project. If they don’t, the EIR process can turn out to be a lot of “paperwork.” As usual, I’m giving you a “pep talk” on how important it is for you to get engaged personally in land use issues.

On tomorrow’s agenda of the Monterey County Board of Supervisors, three different environmental review procedures are announced. Item #56 references an EIR to be prepared for a proposed Canine Sports Center in Carmel Valley. Items #24.1 and #24.2 announce upcoming environmental reviews on Salinas River stream maintenance proposals, and a process to allocate Salinas River water rights.

Check tomorrow’s agenda for more information!

More Information

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Monterey County Board of Supervisors Agenda – July 29, 2014

Santa Cruz County has commissioned a study on its affordable housing program. As I am sure you all know, affordable housing is hard to come by in our Central Coast Region. The so-called “law” of supply and demand is largely responsible. There is a lot of demand for housing in our area, and the supply is limited; thus, in an unregulated market, the price goes up. Average and below average income families are simply priced out.

Measure J, Santa Cruz County’s voter-approved growth management program, provides a partial solution. Measure J requires that housing developers actually build price-restricted affordable units, and “include” those units in their new housing developments. This is called “inclusionary housing,” and because this housing (a minimum of 15% in Santa Cruz County) is not part of the unregulated market, housing prices for those inclusionary units remain affordable over time.

Now, the County is considering, in this draft report, some proposed changes in its affordable housing program, most notably to let developers off the hook actually to build affordable units. Instead, developers would be allowed to pay money to the county. The likely result is some new financing for the County but fewer actual units on the ground.

Get links to the study and other information below. It would be hard to overstate the importance of this issue.

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Santa Cruz Sentinel Editorial on Affordable Housing
• July 23, 2014 Sentinel Article on Proposed Affordable Housing Changes
• DRAFT County Study on Possible Changes to Affordable Housing Program

I have a fond feeling for LAFCOs, the Local Agency Formation Commissions that exist in every California county, and that are responsible, under state law, for trying to make our local government agencies more effective and efficient. LAFCOs decide whether or not new cities should be created, and whether or not annexations should be approved, and whether or not water services should be extended outside the approved water service area of agencies that deliver water. That is just a partial list of what LAFCOs do. LAFCOs also oversee the merger and/or dissolution of existing governmental agencies.

Right now, LAFCO is examining the possibility that the Lompico County Water District should be merged into the much larger San Lorenzo Valley Water District. If you live in the San Lorenzo Valley, and particularly if you receive water service from the Lompico County Water District, this is a really “big deal” for you.

In today’s transcript, available at kusp.org/landuse, I have put links to a LAFCO study on the proposed Lompico-San Lorenzo Valley Water District merger. I encourage you to take a look at the study. On August 6th, the Santa Cruz County LAFCO will consider this matter, and that means that the Lompico County Water District could be dissolved, and merged into the larger San Lorenzo Valley Water District. Again, this would be a pretty “big deal.”

This is Gary Patton.

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• LAFCO Study on Lompico – San Lorenzo Valley Water District Merger
• August 6, 2014 LAFCO Hearing Notice

The Santa Cruz County Grand Jury has issued a special report on “Desalination and Alternatives – Water for a Thirsty County.” There is a link below. The Grand Jury seems to believe that a desalination plant is the right way to address our current water supply crisis. The Community Water Coalition, a community group that I represent as an attorney, has questioned that conclusion. The City of Santa Cruz has also decided to explore a broad array of possible solutions, and the City is seeking public involvement.

After many negative comments were received on the City’s Draft Environmental Impact Report on the proposed desalination project, the Santa Cruz City Council voted to “reset” the community discussion on this topic. The Council established a Water Supply Advisory Committee, which has been directed to use an iterative, fact-based process to analyze the City’s water profile, including supply, demand, and future risks. The Committee will make recommendations to the Council on how to deliver a safe, adequate, reliable, affordable, and environmentally sustainable water supply.

To involve the community, the Committee asked members of the public to submit strategies and ideas for improving the reliability of the City’s water supply. The Committee is reviewing the initial ideas during a meeting being held today and tomorrow, and more public involvement is coming. So, stay tuned!

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Santa Cruz Water Supply Advisory Committee Website
• 2013-2014 Santa Cruz County Grand Jury Report on Desalination

It is not untypical for our government to give away public money and property to private developers, to stimulate behavior that our elected officials think might have public benefit. Remember the history of the railroads. This goes back to the days of Abraham Lincoln. The United States government gave away large portions of our public lands to the railroad companies, in return for construction of the transcontinental railroad. Lots of “private” benefits resulted. Several people got inordinately rich; take Leland Stanford as an example.

Locally, the Santa Cruz City Council recently voted to share tax revenues with developers who build big hotels within the city limits. This action was taken at the Council’s July 8th meeting. Council Member Micah Posner voted “no,” but the proposal otherwise had the full support of the Council. At the meeting, four members of the public testified against the proposal, and two business representatives said that these business subsidies were a good idea. Again, the Council as a whole agreed.

Not apparently a factor in the Council’s thinking was our current drought emergency. As members of the public pray for rain next year, and cut back on their current water use, their elected City Council Members are doing what they can to have more big hotels built in town, and are going to share transient occupancy tax revenues to make that happen. You can get more information below.

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• July 19, 2014 Article – Santa Cruz Sentinel
• July 8, 2014 City Council Agenda
• Agenda Report – Agenda Item #19 - TOT Incentive Grant Program
• Correspondence Received – Agenda Item #19
• July 8, 2014 – Minutes of Meeting