(NOTE: Read about what happened at the meeting in the two posts after this one.)
Rushing an Ordinance Through
The CCSD has scheduled approval of an ordinance tomorrow. Each and every property owner in Cambria will have to follow the ordinance and will be subject to its penalties. In my opinion, the spirit of the law is being trampled and this ordinance is being rushed through on a chariot of “Fire!”. Yes, this ordinance has floated around and been discussed and edited and discussed some more for more than a year and a great deal of work has gone into producing it and getting it to the Board with almost impossible time constraints.
Good Public Support and Participation
The CCSD seems to have forgotten that the key to public support and participation is an informed constituency. Not only is it a good idea, it is required that the District provide the information (in the newspaper and at least two places in town). Under the Government Code, the CCSD is obligated to publish notice and at least a summary of the ordinance before the meeting at which the ordinance is passed. In a Cambrian article last week, Kathe Tanner wrote that if the Forest committee approves the ordinance at its April 17 meeting, the CCSD would likely approve the ordinance at the regular meeting this week. As a topic, it was also included as a “tentative agenda” in the meeting announcement section of the paper. I posted a draft of the ordinance earlier today, but whether the notification requirements were met by the article in last week’s paper and whatever has been posted at the Vet’s Hall is another matter. This is an important ordinance and the effort that has gone into creating a good set of guidelines that may reduce our risk of damaging fires is appreciated. But for the public to be supportive and participate, they must have the information far enough in advance to form an opinion or comment that will be useful in some real way. Even ten years of work by scores of people at dozens of meetings cannot be a substitute for ample and clear summary or the full text of the ordinance being available to the public . Every person who owns property in Cambria will be expected to abide by the rules of the ordinance.
Democracy is participatory…intermittently (or the Yo-Yo effect)
I can empathize with the CCSD Board and staff. As a member of the North Coast Advisory Council for 2 years, I have been at meetings with 95% of the chairs empty and have had Cambrians approach me with “Why didn’t anyone tell us this would be going on?” To which I regularly reply, “Yes, we discussed this and it was on the agenda in the newspaper and the NCAC website. Please come to the meetings.” Unfortunately, low participation tends to be the norm. And finding a solution to this eternal frustration could trigger lasting world peace. I can only imagine the frustration borne of 7 years of involvement as a Board member and hearing similar sentiments. It’s no-win, though, to blame people for not paying closer attention earlier in the process. Instead their participation should be welcomed. The response to their negative, no-change-is-good-change comments should be to ensure everyone understands the problem and proposed solution and ask them to suggest a feasible alternative solution.
“Stress is an ignorant state. It believes that everything is an emergency. Nothing is that important.” -Natalie Goldberg
The CCSD seems to be ducking in the back door, complete with trench coat, shades and a wig. To get around the noticing requirements, the board will be considering this ordinance as an urgency issue – and they will be asked to explain what the urgency is. Gov’t Code §25123 “(d) Those for the immediate preservation of the public peace, health, or safety, which shall contain a declaration of the facts constituting the urgency, and shall be passed by a four-fifths vote of the board of supervisors.” (included by reference in § 61000 – Community Services District law).
While the danger of a major fire is real, the urgency of the situation is less than first glance might indicate. The current abatement ordinance for vacant lots could continue to help get them cleared. And anyone genuinely concerned about the safety of their home can maintain their property to the standards of the ordinance without passage of same. Not everyone needs a law or ordinance to be carved into the tablet before they will conform to it. If the ordinance in some way rewarded those who complied, perhaps it would be more urgent. Instead, this ordinance punishes those who fail to follow it – either through fines or a charred foundation.
“Poor planning on your part does not necessarily constitute an emergency on my part.”
This is not a new tactic for the CCSD. A similar “Emergency” and threat of fire were the reasons provided on the emergency building permit for the Pine Knolls Tanks Projects. In the Coastal Commission’s statement on the project, Coastal Commission staff questioned the validity of the emergency permit because it had been known for years that fire storage in Cambria was inadequate and thus this inadequacy was not “sudden or
unexpected” as required for use of the emergency permit process. Further inquiry into the state of the
existing tanks revealed that they were not actually damaged by the 2003 earthquake but also that they
did not meet current standards for seismic bracing so if there was another earthquake, they might fail.
Commission staff advised that this information was not a valid basis for granting an emergency permit
and requested that the district withdraw their request for an emergency permit and continue processing
the regular permit for the project. The district refused to withdraw the emergency permit and
Commission staff started proceedings to obtain an Executive Director’s Cease and Desist Order against
the district and the county, as the issuing agency, to stop any development under the emergency permit.
(Notice Prior to Issuance of Executive Director Cease and Desist Order, Number ED-04-CD-02,
October 21, 2004, see Exhibit H). Upon receipt of the notice, the County rescinded the emergency permit (Letter from Victor Holanda, Planning Director to Sarah Christie, dated October 22, 2004, Please see Exhibit I). Of course, there was a bit more kicking and screaming before the CCSD finally completed the regular permitting process and the Coastal Commission report is an interesting read. Using a sort of shady way to get around the public’s participation once could be inexperience or error or bad advice. Two, okay, we’ll let this one slide. I’m worried that thumbing their nose at the laws they find inconvenient is becoming a habit.
Pay the standby fees, then keep standing by
Also on the agenda tomorrow is a Public Hearing to Consider Fixing of Water and Wastewater Standby or Availability Charges. The agenda does not elaborate on what “fixing” it will mean.
Gov’t Code §54984.3. The governing body of the local agency shall adopt a resolution to initiate proceedings to fix a standby charge. The resolution shall contain all of the following
(a) A statement that the report of a qualified engineer is on file with the agency and that a standby charge is proposed based upon the report. The report shall include all of the following:
(1) A description of the charge and the method by which it will be imposed.
(2) A compilation of the amount of the charge proposed for each parcel subject to the charge.
(3) A statement of the methodology and rationale followed in determining the degree of benefit conferred by the service for which the charge is made.
(4) The other factors listed in Section 54984.2.
(b) A description of the lands upon which the charge is to be imposed. Assessor parcel numbers shall constitute sufficient description for this purpose.
(c) The amount of the charge for each of the lands so described.
(d) The date, time, and place upon which the governing body will hold a public protest hearing regarding the imposition of the charge, and notice that the governing body will hear and consider all objections or protests, if any, to the proposed charges.
54984.4. (a) The local agency shall comply with the notice, protest, and hearing procedures in Section 53753.
(b) In the absence of a majority protest, as defined in subdivision (e) of Section 53753, the governing body of the local agency may determine to fix the charge.
54984.7. If the procedures set forth in this chapter at the time a charge was established were followed, the governing body may, by resolution, continue a charge pursuant to Section 54984.2 in successive years at the same rate. If new, increased, or extended assessments are proposed, the governing body shall comply with the notice, protest, and hearing procedures in Section 53753.
54984.8. After the making of a final determination pursuant to Sections 54984.4 and 54984.7, the local agency shall cause the charge to be collected at the same time, and in the same manner, as is available to it under applicable law.
Were the property owners who will be affected by this hearing properly noticed? Or is this yet another example of working the system against the spirit of the law and principles of democracy?
“If you find yourself in a hole, stop digging.” – Will Rogers
I am looking forward to seeing how the Board president handles the agenda items tomorrow. Change may be slow in coming, but I haven’t given up. I remain optimistic that active, informed public participation with a Board willing to be respectful and cooperative will allow this community to find realistic solutions to the realities of living in this beautiful town. And I believe we are ALL on the SAME side: we all want the best Cambria possible.
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Last 5 posts by Amanda Rice
- Gail Robinette Chosen to Complete DeMicco's Term as CCSD Director on Unanimous Vote
- California Coastal Commission Unanimously Denied Army Corps Desal Tests
- Cambria CSD Agenda for November 27, 2011 Meeting Includes Water Conservation & New Tank Project
- Sunken Oil Tanker Off Cambria's Coastline Will Be Checked Again Soon
