Our representative form of government will work correctly only if we, the represented, are actually in contact with the officials we have chosen to represent us. Representative democracy is not solely, or maybe even best, characterized by the process of “voting.” On a holiday celebrating the life of Martin Luther King, Jr., whose accomplishments definitely include a major responsibility for enactment of the federal Voting Rights Act that helped enfranchise millions of black Americans, let me say that voting is necessary but not sufficient.

Actual, personal contact and communication with our elected officials is needed. The smaller the governmental unit, of course, the easier that is to accomplish. Because Santa Cruz County is the smallest county in the state, geographically, it is relatively easy to meet your County Supervisor. It’s a bit harder in the much larger Monterey County. We need to make the effort. And our elected officials need to reach out, too. Recently, Santa Cruz County First District Supervisor John Leopold announced a Facebook page, as a way of reaching out. Other Supervisors also have them. Check them out. That kind of digital contact is all to the good, but it’s not sufficient, either. Get in personal touch with your representatives. “Touch” means you could touch them. You might have to go to some meetings!

More Information

• Land Use Links
• Gary Patton’s Two Worlds Blog
• John Leopold’s Facebook Page
• Leopold “Political” Website
• Santa Cruz County First District Website
• Santa Cruz County Websites For Other Districts
• Bruce McPherson Facebook Page
• Greg Caput Facebook Page
• Zach Friend Facebook Page
• Ryan Coonerty Facebook Page
• Dave Potter Facebook Page
• Jane Parker Facebook Page
• Fernando Armenta Facebook Page
• Simon Salinas Facebook Page

Water supply planning is underway in the Soquel Creek Water District, and in the City of Santa Cruz. The Pajaro Valley Water Management Agency is also deeply engaged in planning and implementing measures to achieve a safe and sustainable future water supply. And let’s add the San Lorenzo Valley Water District and the Scotts Valley Water District. And of course most listeners will be aware of the kind of water supply planning going on in Monterey County. The State of California has stepped up, too, with a new law focused on water supply planning for groundwater resources.

Planning for future water supplies is a major governmental challenge, and the plans adopted and implemented around the Monterey Bay will have profound environmental and economic impacts. For those specifically affected by the plans of the City of Santa Cruz Water Department, be aware of a meeting scheduled for this evening, Tuesday, January 20th, from 7:00 to 9:00 p.m. at the Live Oak Grange, located at 1900 17th Avenue.

Live Oak Neighbors and the Live Oak Grange are co-sponsoring this meeting, at which residents can learn about what the City of Santa Cruz Water Supply Advisory Committee is doing. Sue Holt, a member of that Committee, was specifically appointed to represent the Live Oak Area, and she will be there to engage Live Oak residents on the issues that will be directly affecting them.

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Information on the Live Oak Neighbors
• Live Oak Grange Website

When not recording the Land Use Report, I am an environmental attorney (and I also teach in the Legal Studies Program at the University of California at Santa Cruz). Because I am an actively practicing lawyer, I suspect that many people might assume that I am an enthusiastic promoter of litigation, as the best way to address land use policy and project matters.  

Actually, that’s not true! Today, tomorrow, and Friday I am going to make specific reference to recently concluded and recently initiated litigation in Monterey County, but I want to lead off with an observation that may be surprising to some listeners. Our system of government discourages the use of the courts to make important land use policy decisions. On any substantive issue, the courts are supposed to “defer” to the land use decisions of elected officials and governmental agencies if there is “any” substantial evidence that would uphold the decision made by the government.

Judges do NOT substitute their judgment for the judgment exercised by elected officials. Even if there is overwhelming evidence that a development would have adverse impacts, as an example, the courts will allow the development to go forward if there is “any” substantial evidence that would justify a decision in favor of the development.

Public participation, in other words, not litigation, is the best way to get the land use decisions you want!

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Gary Patton’s Blog on “Deference”

Good morning! This is Day Two of some remarks about litigation and land use. As I said yesterday, public participation, not litigation, is the best way to get the land use decisions you want. Promoting public participation, of course, is the “unhidden agenda” of the Land Use Report. Land use decisions have a big impact on our future, and becoming personally involved is your best way to have an impact on land use policy and project decisions.

That said, let’s not discount the importance of land use litigation. Litigation can play an incredibly important role in making sure that governmental land use decisions represent the public interest.

I decided to talk about litigation and land use when I found out that two different lawsuits have been filed, challenging the recent approval of the Ferrini Ranch development by the Monterey County Board of Supervisors. Both LandWatch Monterey County and the Highway 68 Coalition have filed lawsuits against this development approval, but those who have been following the debate will remember that both groups have gone to court not as their first response to what they think is a bad project approval, but as a last resort.

That’s the right way to do it, and in fact, the courts actually require project opponents to have “exhausted their administrative remedies” before they come to court.

Tomorrow, I’ll comment on the claims made in the lawsuits.

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Gary Patton’s Blog on “Deference”
• Planning Department Information on Ferrini Ranch
• LandWatch Website
• LandWatch Litigation on Ferrini Ranch
• LandWatch Web Page on Ferrini Ranch
• News Article on Ferrini Ranch
• Monterey Bay Partisan on Ferrini Ranch Lawsuits

LandWatch Monterey County and the Highway 68 Coalition have filed lawsuits challenging the approval of the Ferrini Ranch development by the Monterey County Board of Supervisors. As approved, the project would create 185 new homesites along Highway 68. Retiring Supervisor Lou Calcagno cast the deciding vote, in one of his last official decisions.

The lawsuits claim a violation of the California Environmental Quality Act, or CEQA. CEQA doesn’t mandate any particular decision when a development project is considered, but it does require a fully adequate analysis of all of the impacts of a proposed project. That kind of analysis did not occur, according to LandWatch and the Highway 68 Coalition. In a non-CEQA challenge, LandWatch also charges that the development is in direct violation of General Plan requirements relating to proof of water.

The challengers will have the burden of proof, and the courts will “defer” to the Board’s decision, if there is “any” substantial evidence that the Board complied with the law. These lawsuits are not automatic winners. The County should be advised though, that if they do lose, the County may end up paying the attorneys’ fees of the challengers. Recent reports say that the County has to pay LandWatch over $400,000 in connection with an earlier lawsuit on the County General Plan.

More Information:

• Land Use Links
• Gary Patton’s Two Worlds Blog
• Gary Patton’s Blog on “Deference”
• Planning Department Information on Ferrini Ranch
• LandWatch Website
• LandWatch Litigation on Ferrini Ranch
• LandWatch Web Page on Ferrini Ranch
• News Article on Ferrini Ranch
• Monterey Bay Partisan on Ferrini Ranch Lawsuits