The legalization of medical marijuana has had some impacts on local land use regulation. In Santa Cruz County, the Board of Supervisors had some hot debates over what sort of regulations should apply to medical marijuana businesses, and to the cultivation of medical marijuana. The Board adopted a comprehensive regulatory program, largely codified as Chapter 7.124 in the County Code.

Local land use powers are "plenary." If there is a rational reason for a proposed regulation, and if there is some evidence that the regulation would achieve a purpose related to the public health, safety, or welfare, a local government can probably adopt the regulation. Individual property rights are subsidiary to the community's right to impose land use regulations, to achieve community goals. That's the basic rule, applicable to virtually all land use related matters, including to the regulation of medical marijuana businesses.

Tomorrow, the Santa Cruz County Board of Supervisors is likely to rescind Chapter 7.124. However, before you get too excited, the Board is also likely to "reenact" the entire Chapter, at the same time, as a way of renaming "medical marijuana." In Santa Cruz County, it looks like "medical marijuana" is going to be called "medical cannabis." There are links at kusp.org/landuse.

More Information

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Santa Cruz County Code
• Board Letter and Proposed Ordinance Changes

If you want to comment on whether the name "medical marijuana" should be changed to "medical cannabis," in Santa Cruz County, today's your day to visit the Santa Cruz County Board of Supervisors. An ordinance that would have exactly that effect is Item #41 on the Board's agenda. Item #42 is related, and is potentially a lot more substantive. Chapter 7.126 of the County Code establishes regulations for the "cultivation" of medical marijuana (or medical cannabis, as the county wants to call it). The Board has been receiving complaints that various persons are breaking those rules. Item #42 is a report to the Board from the County Counsel. If you are affected, as a grower or as a neighbor, you should check out the agenda item. You can find a link at kusp.org/landuse.

If you go to the Board meeting today, you could stick around for Agenda Item #43, which I think will be interesting. Supervisor Bruce McPherson is going to be giving the Board a report on what the California State Association of Counties is thinking about various state ballot propositions, including Proposition 1, a proposed $7.12 billion dollar water bond.

If you can't make the Board meeting, but want to listen in to items you care about, there is a "Live Audio" feed. You should give that a try!

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• September 16, 2014 Agenda
• Agenda Item #41
• Agenda Item #42
• Agenda Item #43 - Letter From Supervisor McPherson
• Live Audio Link

One of the items considered yesterday on the "Consent Agenda" of the Santa Cruz County Board of Supervisors was Agenda Item #20, an environmental status report on lead contamination at the Los Altos Rod and Gun Club. The Gun Club facility is located on about 100 acres, adjacent to Castle Rock State Park in Santa Cruz County. It has been there since 1955. Shooting activities include pistol, rifle, and shotgun shooting, including trap shooting at clay targets. The resulting lead contamination means potential trouble for those downstream, including customers of the Santa Cruz City Water Department.

The environmental report in the Board's Agenda Packet is worth reading. Lead contamination is serious, but the Club is making a good faith effort to follow "Best Management Practices," and to clean up their legacy of lead.

Often, as in this case, items on a Board of Supervisors or City Council "Consent Agenda," items not slated for formal discussion, are among the most interesting and important items that can be found in the Agenda Packet. To be an informed member of the community, try scanning the Agenda Packets of your local City Council and Board of Supervisors, when they are released online. You might be surprised how interesting it is to be able to read what your elected officials are reading!

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• September 16, 2014 Board Agenda
• Consent Agenda Item #20
• Environmental Report - Los Altos Rod and Gun Club

Get ready to be charged more! The City of Santa Cruz Water Department is planning to raise your water rates. Customers affected include not only businesses and residents in the City of Santa Cruz, but also businesses and residents in the Live Oak and Pasatiempo areas, and in parts of the City of Capitola. There will be a Public Hearing before any rate increase is adopted, and I'm giving you a "heads up," so you can mark your calendars if you'd like to attend and be heard. The hearing on the proposed water rate increase will be held during the regular meeting of the Santa Cruz City Council, at 7:00 p.m. next Tuesday, September 23rd.

One reason for the proposed rate increase is the current drought. Most of the costs of producing water are fixed costs, so when the amount sold goes down (as it does during a drought), rates per unit have to go up, to pay for the fixed costs.

Beyond those drought-related increases, the City also proposes to raise water rates 10% per year for the next five years. As you may remember, the City has recently expended about $7 million dollars for a desalination plant project that the Council has now shelved. That spending depleted the City's capital reserves. How much of an increase, and how to allocate the charges, are topics for discussion and debate. If you'd like to take part, don't forget that meeting next Tuesday!

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• City of Santa Cruz Website
• City Council Agendas
• Website Explanation of Rate Change Proposal

The Lompico County Water District, located in the San Lorenzo Valley, may soon be dissolved. That is the proposal that was approved on August 6th by the Santa Cruz County Local Agency Formation Commission, or LAFCO. If the District is dissolved, its customers will be incorporated into the San Lorenzo Valley Water District, a much larger and economically more stable public agency. Dissolving an existing public agency doesn’t happen very often, and this proposed reorganization still might not happen.

The LAFCO vote is subject to a public protest procedure, and if you are a landowner or voter within the Lompico County Water District, the time to protest is now. The deadline is 10:00 a.m. on October 6th. If, by that deadline, more than 50% of the Lompico voters protest, the reorganization will be terminated. If between 25% and 50% of either the Lompico voters or the Lompico landowners protest, an election will be called of the Lompico voters. The ballot question will be “Shall the Lompico Reorganization, as authorized by LAFCO Resolution No. 953-A, be approved?”  A majority of those voting will determine the outcome.

In today’s transcript, I have placed links to lots of information about the LAFCO proposal, and about how to protest, if you want to do that.

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Santa Cruz County LAFCO Website
• August 6, 2014 Staff Report on Reorganization
• Map of Reorganization Area
• Hearing Notice / Protest Deadline
• Chart Showing Protest Procedures
• Landowner Protest Form
• Registered Voter Protest Form
• County Action on Community Services District for Lompico