Dear Editor,

I am the person who has taken legal action against Soquel Creek Water District regarding the shameful excuse of an Environmental Impact Report (EIR) that the District paid a consultant hundreds of thousands of dollars to create as a perfunctory gesture regarding the PureWater Soquel Project. This expensive Project would treat and inject 1.3 million gallons of sewage water into the aquifer daily, requiring massive amounts of electricity, potentially contaminate many local streams if the system malfunctions or pipes leak, and possibly cause irreversible pollution of local groundwater drinking supplies with pharmaceuticals and other contaminants for which there are no state drinking water limits yet established. The negative impacts of the Project are significant enough that the District had to approve a Statement of Overriding Consideration, claiming that the benefits of the Project outweigh the significant negative environmental damages it will cause. It would increase concentrations of contaminants released at the City’s wastewater treatment plant outfall pipe, which is ruptured and allows effluent release much closer to shore than should be happening. The District has no final analysis proving that this Project will not adversely affect the water quality of the local streams and aquifer, even though such analysis is required by the State.

I took the legal action as the only way available to the public to call into question the actions of the Soquel Creek Water District Board and staff, and what they have been willing to do to approve the PureWater Soquel Project on a fast-track construction scheme and thereby get money from the State Water Resources Control Board. Clearly, their focus has been on getting the money for the Project they desire, at the great expense of placing an unmerciful financial burden on their ratepayers in order to present a favorable picture to the State grantors. The Board approved this calculated action on November 6, 2018, before they even approved the Project and certified the faux-EIR on December 18, 2018. Tier 2 rates, at nearly $30/unit, were designed solely to pay for the PureWater Soquel Project matching funds required to get government funding. The Board approved steep 9% annual rate increases that will continue for the next five years, causing tremendous punitive financial gouging to families, and cause those on fixed incomes great hardship.

Because I care deeply about my Community, I chose to take the legal action for the Public Benefit against the District, to demand they re-do the EIR with thorough and meaningful analysis. I have asked that the District present meaningful information for the public regarding true energy costs, environmental damages, impacts of removing a significant barrier to future unfettered urban growth, and perhaps most importantly, if the Project is even necessary. 

I and many others hold that this Project is not necessary.  Many water experts have clearly stated that Santa Cruz County has no real water supply problem, but rather a true water storage problem. The issue can be readily and relatively inexpensively addressed with regional cooperative water management, and has begun in a limited way with existing water supply pipeline inter-ties and agreements between Santa Cruz City and Soquel Creek Water District. However, this approach was not thoroughly analyzed in the EIR. Soquel Creek Water District lacks the political will to pursue this cooperative scenario, and instead has plunged forward in the misguided PureWater Soquel Project effort that would forever burden ratepayers and the environment. 

I have asked the District for no money, only that a meaningful EIR be conducted and include thorough public process, which has completely left out the disadvantaged Live Oak community where the District wants to construct a large treatment plant that would house many hazardous chemicals. The District instead has sought to spend nearly a half million dollars to hire a legal team from Riverside, Ca. to fight my challenge. These attorneys have flown from southern California each time to represent the District, but sometimes say nothing at all in the court room, and allow local attorney Mr. Robert Bosso to speak.

I have had to work very hard to get an impartial judge to hear my case. I have done all my own legal work. The case schedule was put on a very quick timeline by Judge Gallagher, who later disqualified himself only when I discovered and raised the issue that he had been a trial attorney for Soquel Creek Water District for 23 years. His order for a quick timeline gave me insufficient time to prepare complete documents, or to prepare for the final hearing held on November 8 before Judge Timothy Schmal, a misdemeanor court judge who was not seemingly familiar with environmental law. 

Judge Schmal denied my request to move the case to Sacramento County where there are four such environmental judges that could review my case with seasoned knowledge of the laws. Judge Schmal denied my request to be allowed to amend my complaint to correct mistakes, include critical information that would support my arguments, and add a ninth cause of action that pointed out the District violated the law by failing to notify any schools within a quarter mile of the Project where there would be hazardous chemicals used or unhealthy levels of diesel fumes from large equipment during construction. Judge Schmal denied my request to extend time on the Hearing date so that I could get critical information from the State Dept. Water Resources that has been delayed three times regarding the criteria used to claim the MidCounty Groundwater Basin is in “critical overdraft”, when the scientific data being collected show it is not. Judge Schmal ultimately denied my complaint altogether in a poorly-reasoned and vague document that he released one day before the Soquel Creek Water District entourage went to Sacramento to accept their $50 million State grant award and $36 million low-cost 20-year loan for the Project. Included in this entourage was the lobbyist for which the District customers have paid over $100,000.

I will appeal Judge Schmal’s Order that denied me the ability to take my case to the well-seasoned environmental judges in Sacramento County Superior Court. I will appeal Judge Schmal’s judgement denying my complaint and the ability to amend it, merely asking that Soquel Creek Water District do a better job on the environmental analysis of the Project and reasonably examine the regional management scenario alternatives. These could include consolidation with the City of Santa Cruz, which some ratepayers have requested.

I do not intend to give up. This is too important to the health and well-being of those in my Community who have been ignored and dismissed by the Soquel Creek Water District Board and staff, and for the environment that has no voice at all.

Sincerely,

Becky Steinbruner,
Petitioner, in Pro Per for the Public Benefit
Case #19CV00181

Soquel Creek Water District ratepayers are encouraged to sign the online rate increase protest

COUNTY TAX PAYERS WILL BAIL OUT APTOS VILLAGE PROJECT DEVELOPERS
The Board of Supervisors will most likely approve spending $2.5 Million for a traffic light at Aptos Creek Road, and literally pave the way for the Aptos Village Project developers’ Phase 2 subdivision. Amazingly, putting this project out to bid is on the Consent Agenda Item as item #77 on the December 10 Board meeting.

The bike lane on westbound Soquel Drive between Trout Gulch Road and the new Parade Street crossing will disappear in order to make room for a dedicated turn lane for the disgusting subdivision. The taxpayers will fund the trenching along Soquel Drive from the Village to State Park Drive, and fiber optic cable will be installed to supposedly coordinate the five traffic lights in that short stretch of congested road.

The taxpayers will pay to pave the parking lot for the Parish Publik House as a mitigation for removing seven of their parking spaces in order to make a dedicated turn lane to Aptos Creek Road. These publicly-funded road improvements are required to be done before the Aptos Village Project Phase 2 mess will be allowed to be occupied, as per the subdivision Conditions of Approval.

All of this public money is being spent…just to bail out the financially-underwater development in the hopes that the County will somehow be able to rake in more tax dollars. 

TRADITIONAL APTOS TREE LIGHTING CEREMONY MOVED TO FAVOR APTOS VILLAGE PROJECT
For as long as I can remember, the Aptos Community has gathered at the beautiful redwood tree at Aptos Creek Road and Soquel Drive for the public celebration and tree lighting. Sadly, this year’s Community tree lighting was moved to a newly-transplanted pitiful tree within the Aptos Village Project.

Gone are the hand-made decorations that kids would hang on the tree and be viewed by motorists chugging through the Village. Gone is the sense of tradition and meaning for the families of Aptos. The Aptos Chamber of Commerce, along with the Aptos Village Project developers, have stomped on the Community in order to favor the profits of the struggling subdivision. The only bright spot is that the developers finally cut the tall weeds along the railroad tracks in front of the area where the pitiful Chamber of Commerce tree is visible from Soquel Drive.

The traditional redwood tree that has for years created a beautiful and festive sight with colorful lights and decorations for all to enjoy was dark Sunday night.

WHAT THOSE LEGISLATORS SAID
Last week, I reported here a bit about the special Board of Supervisor meeting that featured surprise guests (at least no one from the public could have possibly known they would be there) Congressman Jimmy Panetta, State Senator Bill Monning, Assemblyman Mark Stone and Assemblyman Robert Rivas. The Santa Cruz Sentinel reported on the meeting, as it was seemingly spoon-fed to reporter Nicholas Ibarra, but the article neglected to report any of the thoughtful discussion at all that Supervisor Greg Caput presented, or what the distinguished guests had to say.

Supervisor Caput’s discussion was the only one of the five given by Supervisors that elicited a hearty round of applause from the audience. He discussed the real need for flood control in the Watsonville City areas where some of the most vulnerable population lives. He talked about how the County needs to work cooperatively with the cities of Watsonville, Capitola, Santa Cruz and Scotts Valley to increase recycling efforts and require that all fast food venues have recycle/trash pre-sort facilities to encourage the customers to recycle rather than send everything to the nearly-full landfill. He discussed the significance of Watsonville’s soon-to-end Measure G Public Safety half-cent sales tax that has improved fire dept. and police staffing. Supervisor Caput reminded everyone that this 2014 measure very narrowly passed because of public mistrust in government spending. 

Supervisor Caput pointed out that since public schools now are walled off from the public with fences and are closed to public use during weekends and summer hours, communities have lost valuable park and recreation spaces. He lamented the politics of fear. 

He asked that there be equitable allocations throughout the County, and discussed the need for affordable housing in all Districts, not just Watsonville’s area. He asked that there be an immigration office established in South County. “I support DACA, but is has been stuck in 25 years of talk.” he said.

Congressman Jimmy Panetta talked about his bills regarding prescription pricing, robo calls and the Voting Rights Enhancement Act

He praised County Public Works engineer Mark Strudley for his excellent work that recently prompted the Director of the Army Corps of Engineers to move forward on a $114 Million project for the Pajaro River Flood Control. He discussed that he had worked with Congresswoman Anna Eshoo to secure Federal Highway Administration grant money to fund road repairs in Santa Cruz County after the 2017 winter storm damage. He also discussed a bill that would provide funding low income housing and another that would be aimed at fixing the 2017 tax bill regarding small business depreciation rates.

Senator Bill Monning stated that the California State 2019/2020 budget passed with the largest surplus in history. There is now a reserve account of $1 billion for a safety net to provide for social services during the next economic down turn. He mentioned that the budget also advanced CalPERS loans to County and school districts in order to pay retirement costs. He discussed that the General Fund money will be used to extend free health care to 26 years of age, and the age will be extended by one year annually. He stated that he is worried that CalFresh benefits will be soon changed, making a new requirement that recipients be employed 20% of the time. He talked about the PG&E problems but cautioned that making the utility publicly-owned would meant that the public would assume the $30 billion liability that PG&E currently faces. Instead, he recommended that micro-grids would be a better approach. Fire risk is being addressed most aggressively, he said, by San Diego utilities, leading the state in hardening the grid. Housing issues are forefront in the legislature, and many bills are in committee to streamline the permitting process as well as enable work force housing with on-site school housing for teachers and staff. On a final note, he cautioned County Supervisors about fighting UCSC for a moratorium on admission because the state has imposed a requirement to increase admission rates with prioritization on California residents being able to access higher education. 

Assemblyman Mark Stone discussed his child welfare system work, early child care and the health care system. Of note, in discussing the PG&E Public Safety Power Shutdowns (PSPS), the State will NOT BE FUNDING LOCAL LOSSES ASSOCIATED WITH THOSE EVENTS because the payouts to help the Paradise Fire community rebuild have taken priority for funding. The State is insisting that people rebuild with better fire protection materials and methods. He discussed that breaking PG&E into smaller utility companies would hurt Santa Cruz County because doing so would cause the Bay Area’s funding that currently subsidizes the infrastructure maintenance here to disappear. In the end, he said, “Governor Newsom will have to deal with this.” One issue he said being discussed is to create a separate agency to oversee power utility operations and maintenance. The Public Utilities Commission (PUC) currently has been given that task “but has NOT done a good job.” He also mentioned the Pajaro River flooding problem and that the State will fund some of the work. He mentioned the recent flooding in Aptos due to old infrastructure and because of prjected sea level rise, the State will increase money to help with improvements. He said there are three or four Bond measures in process that would help fund planning for sea level rise issues. Housing issues have garnered $2.7 billion for programs this year but “it is not clear how it will be spent.” Hmmmm….

He likewise cautioned the Supervisors about demanding UCSC impose a moratorium on student enrollment. “Be careful with this message. The State won’t like messages that say ‘Don’t Grow’. because the state has been pushing the UC system to in fact grow.” UC Berkeley depends on the increased out-of-state tuition fees to balance their budget, but the State is now requiring priority for California student applicants. He said there will be a Facilities Bond Measure on the March 3, 2020 ballot to send money to schools but most of it will already be earmarked for higher education facilities, even though the language will include K-14…none would be used for pre-schools.

Assemblyman Robert Rivas from San Benito County and elected last year, described being very new to the State legislature. He discussed how the battles to accomplish problem-solving are usually within and among the Democrats. He talked about how making decisions often seems to succumb to the pressure of the lobbyists seeking favors for their clients. He discussed that of 20 bills he supported, seven were signed into law. His bill, AB 1783, regarding farmworker housing and families is the only housing bill signed into law that addresses rural affordable housing needs. He toured San Benito High School to showcase the result of two bonds ($100 million total) passed to create a high-tech school known known throughout the state for excellence in engineering and robotics career pathways curriculum.

He discussed his AB 936 bill that was signed into law regarding oil spills and transport. This law will now make non-floating oils reportable so that the public will know what petrochemicals are being transported on highways in the County. 

Assemblyman Rivas is going to Madrid for the International Climate Change Conference. 

WHAT’S IN STORE FOR UCSC LONG RANGE DEVELOPMENT?
I attended the December 3 Public meeting in Capitola to see what UCSC plans to do to house its students. It was interesting to see that the population will grow to 28,000 in the not-too-distant future but the Long Range Development Plan intends to house on campus 100% of new enrollment and 25% of new staff. The Plan also includes developing the large marine research facility on Delaware Avenue, on the Westside. How the University would accommodate water and transportation is a bit vague, but the breakout area for “circulation” and “sustainability” had lively discussion.

Look for public scoping sessions soon, and an EIR to follow. This Plan is separate from the Plan that is currently in litigation that would build 3,000 more beds for existing students in the area known as “The Great Meadow”. This Plan seems to make the assumption that the Meadow project is done. One member of the public wanted to know about classroom additions to handle the new enrollment…students are now crammed into the classrooms, sitting on the floor. Another member of the public wanted to know if the employee and staff housing would be priced commensurate with pay levels? “Hmmm, that’s a good question.” said the staff person, and wrote it on the comment tablet.

GOOD NEWS FOR RURAL PROPERTY OWNERS FACING INSURANCE CANCELLATIONS
Last week State Insurance Commissioner Ricardo Lara imposed a one-year moratorium on insurance policy cancellations in zip codes in and adjacent to the hard-hit wildland fire areas. He also asked insurance companies to voluntarily halt cancellations in all areas for one year for fire risk reasons. This action came about due Governor Newsom’s declaration of a statewide emergency in October of this year that enabled Commissioner Lara to take action under SB 824, authored by Lara and signed in 2018 when he was in the legislature. His office worked with CalFire to identify zip codes of fire-ravaged areas and areas on the perimeter of those damaged areas.

Take a look at the excellent report the Commission issued in 2018 that discusses the problem and the solutions to fix the problems

Hopefully the legislature will get busy during the one-year moratorium now imposed and offer long-term relief to rural and urban property owners. Write your elected representatives to encourage them to take meaningful action.

TOO MUCH TO EFFECTIVELY HANDLE?
The December 10, 2019 County Board of Supervisor agenda is jam-packed with development approvals, project approvals, and resolutions. Do you think the Board really reads everything before voting on it? Watch it on video here and stay tuned for next week’s report.