The following Land Use Reports have been presented on KUSP by Gary Patton, Executive Director of The Planning and Conservation League. The opinions expressed by Mr. Patton are not necessarily those of KUSP
Radio, nor of any of its sponsors.

Monday, August 13, 2007 – Short Course on the “Police Power”

The government’s “police power” is “plenary.” “Plenary” means “full” or “complete.” And the “police power” isn’t really about stopping gang violence, or bank robberies, or arresting kids who skateboard on the sidewalk.  

The “police power” refers to a community’s right to make rules and regulations that will (in the opinion of community decision makers) protect and advance the general public health, safety, and welfare. Courts often describe the police power as “plenary” in ruling on claims that a governmental agency has gone “too far” with its various rules and regulations. There are some individual “rights” that take priority over the police power, but the basic rule is that government acts on behalf of the entire community, and as long as the rules imposed are reasonable, and achieve a public purpose, and as long as the government allows full public debate and discussion before adopting the rules, the police power decisions of a government entity almost always prevail over what are sometimes called “property rights.”  

The phrase “property rights” does not mean that if you own property you have a “right” to do whatever you want to do with it. If you need “permit” to do something with your property, that means you need the community’s “permission” to use your property in a certain way. The decision whether or not to grant that permission is an exercise of that “plenary police power” I’m talking about. 

For KUSP, this is Gary Patton. 

More Information
A definition of “police power” from Answers.com - http://www.answers.com/topic/police-power?cat=biz-fin  


Tuesday, August 14, 2007 – Historic Preservation in Santa Cruz County

Yesterday, I provided what might be called a “short course” on the police powers of local government. Today, the Santa Cruz County Board of Supervisors is meeting at the County Governmental Center, beginning at 9:00 o’clock. I’ve placed links to the Board’s agenda in the transcript of today’s Land Use Report. The Board will be considering two items that very well illustrate the broad and plenary nature of the “police power.” Specifically, the Board will be deciding whether or not to designate four different properties in Live Oak as historically significant, and whether one of those properties, the “Pleasure Point Road House,” should be designated as a possible park site. 

If an historic designation is applied to a particular property, various rules and regulations come in to play, restricting what the property owner can do with his or her own property. Similarly, if a piece of private property is designated as a possible park, the owner’s ability to develop that property may be significantly constrained. These are examples of how action to advance community goals may conflict with what a private property owner would like. But the courts have consistently said that preserving the historic character of a community, and providing the community with recreational opportunities, are public benefits that do justify the use of the “police power,” as a way to advance the public welfare.  

For KUSP, this is Gary Patton. 

More Information
The police power is “the inherent authority of a government to impose restrictions on private rights for the sake of public welfare, order, and security.” This definition is from Answers.com –
http://www.answers.com/topic/police-power?cat=biz-fin
Board of Supervisors’ Agenda - http://sccounty01.co.santa-cruz.ca.us/bds/Govstream/ASP/Display/SCCB_AgendaDisplayWeb.asp?MeetingDate=8/14/2007
Designation of historic properties in Live Oak - http://sccounty01.co.santa-cruz.ca.us/bds/Govstream/BDSvData/non_legacy/agendas/2007/20070814/PDF/032.pdf
Designation of the Pleasure Point “Road House” as a possible park site - http://sccounty01.co.santa-cruz.ca.us/bds/Govstream/BDSvData/non_legacy/agendas/2007/20070814/PDF/033.pdf
The rules and regulations that apply when an historic designation is placed on a piece of private property are found in Chapter 16.42 of the Santa Cruz County Code - http://ordlink.com/codes/santacruzco/index.htm  


Wednesday, August 15, 2007 – Desalination On The Central Coast

Land and water go together, a point often made on this Land Use Report. Those interested in land use policy matters should keep a weather eye out for what’s happening with respect to water supply and water quality issues. 

On July 16th, the Monterey Peninsula Water Management District received a draft report entitled, “Evaluation of Seawater Desalination Projects Proposed for the Monterey Peninsula.” A copy of the report can be downloaded from the District’s website. I’ve provided a reference in the transcript for today’s Land Use Report. 

I’m not giving you much notice, but the District would be happy to hear from you, with any comments you might have on the report, or on the proposed desalination projects. Comments are due by August 17th, which is this coming Friday. 

The desalination report highlights four proposed projects, all of which are still “conceptual.” One is the proposed Moss Landing desalination plant advanced by California American Water Company. One is a competing project at Moss Landing, sponsored by the Pajaro-Sunny Mesa Community Services District. A third is a proposed Sand City Desalination plant, and the fourth is a plan advanced by Water Standard Company, to anchor a vessel offshore, in Monterey Bay, and to desalinate water on that vessel. The Cal-Am proposal is already in litigation. All of the proposals are quite controversial. 

For KUSP, this is Gary Patton. 

More Information
MPWMD Website - http://www.mpwmd.dst.ca.us/
Desalination Report – http://www.mpwmd.dst.ca.us/desalination-projects/20070710.Draft%20Desal%20Eval%20Report%20-%20complete%20report%20-%20rev.1.pdf
Carmel Pine Cone Article on appeal of Moss Landing desal plant - http://www.carmelpinecone.com/070810-3.html


Thursday, August 16, 2007 – The Transportation Commission Meets

Water and land use go together. I said that yesterday. Well, transportation and land use go together, too. If you care about land use policy, it behooves you to pay attention to our transportation system, and to the agencies responsible for transportation planning, and transportation services.  

The Santa Cruz County Regional Transportation Commission (usually just called the “Transportation Commission”) is the agency responsible for overall transportation planning in Santa Cruz County. In Monterey County, the comparable agency is called “TAMC,” or the Transportation Agency for Monterey County.  

Today, starting at 9:00 a.m., the Santa Cruz County Transportation Commission will be holding a transportation policy workshop in the agency’s conference room, located at 1523 Pacific Avenue, in downtown Santa Cruz. You are very much welcome to attend. If you’d like to review the agenda ahead of time (or just want to see what you’re missing), you can find a link on the KUSP website, at www.kusp.org. Just track down the transcript for today’s Land Use Report to get the reference. 

Of particular interest today will be a roundtable discussion with Carl Guardino, who heads the Silicon Valley Leadership Group, and who also serves as one of nine members of the California Transportation Commission. In addition, there is going to be some interesting discussion of eminent domain law. 

For KUSP, this is Gary Patton. 

More Information
Santa Cruz County Regional Transportation Commission Website - http://www.sccrtc.org/
Agenda for SCCRTC Workshop - http://www.sccrtc.org/packet/2007/0708/TPWAgenda0708.htm
TAMC Website - http://www.tamcmonterey.org/
Carl Guardino Roundtable Discussion - http://www.sccrtc.org/packet/2007/0708/w0708-08.pdf
Staff Report on eminent domain law issues - http://www.sccrtc.org/packet/2007/0708/w0708-04a.pdf  


Friday, August 17, 2007 – Housing Land Trust Workshop on Monday

Land trusts typically buy land, or easements, to protect and preserve the natural resource values associated with the land. The Big Sur Land Trust is a great local example. So is the Elkhorn Slough Foundation, which focuses on protecting lands around Elkhorn Slough. The Monterey County Agricultural and Historic Land Conservancy, which I mentioned last week, focuses its land trust activities on protecting agricultural land. In Santa Cruz County, the Land Trust of Santa Cruz County and the Open Space Alliance of Santa Cruz are both active land trusts. 

Fairly recently, the land trust movement has started focusing not only on the protection of natural resource lands, but on protecting lands that can provide housing opportunities for persons with average and below average incomes. On Monday, August 20th, the Community Housing Land Trust of Santa Cruz County is presenting a “Development Workshop” at the Louden Nelson Center, located at 301 Center Street in Santa Cruz. The program starts at 7:00 p.m., and will focus on what housing activists in Santa Cruz County hope to accomplish, working with the Northern California Land Trust.  

The main presenter at the workshop will be Lotus Allen, Housing Program Coordinator for the Northern California Land Trust, which is promoting what it calls the “Community Land Trust Model.” It’s a hopeful idea, and the model truly could help solve one of our most pressing social problems.  

It’s Monday night, and you’re invited! 

For KUSP, this is Gary Patton. 

More Information
Big Sur Land Trust Website – http://www.bigsurlandtrust.org/index1.html
Elkhorn Slough Foundation Website – http://www.elkhornslough.org/esf.htm
Land Trust of Santa Cruz County Website - http://www.landtrustsantacruz.org/
The Open Space Alliance Website - http://www.santacruzosa.org/
The Land Conservancy of San Luis Obispo County - http://www.special-places.org/ecm/Home.html  
Northern California Land Trust Website - http://www.nclt.org/