seminar on proposed coastal zone management

[From the U.S. Government Printing Office, www.gpo.gov]

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Marine AdviSory Extension Service
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1971 C"ASIX
INFORAIA
TiON CENTER

ON
A SEMINAR

PROPOSED COASUL

C@
ZONE
Nfl -1AGEMENT

MAY 7-811971

C-SG-1

Marine Advisory Extension Service
Sea Grant Program
7 . . ......
Humboldt State College

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NOAA Con--stzl Services Center Library
".-:@on Avenue
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TAKE OF CONTENTS

PREFACE . . . . . . . . . . . . . . . . . . . . . i

WELCOME, Dr. Richard Ridenhour . . . . . . . . . .1

INTRODUCTION, J. Gary Smith . . . . . . . . . . . . 5

I. COASTAL ZONE PLANNING

'I
COASTAL ZONE PLANNING IN CALIF0RNIA, Harold Bissel.........7

CALIFORNIA'S COMPREHENSIIVE OCEAN AREA PLAN,
Thomas E. Gay, Jr . . . . . . . . . . . . . . . . 16

COUNTY COASTAL SHORELINE PLANNING, Harvey Higgins ................ 28

COASTAL ZONE JURISDICTION, Congressman Don Clausen. 32

II. LOCAL GOVERNMENT ON COASTAL ZONE MANAGEMENT

AN ENVIRONMENTAL MANAGEMENT CHALLENGE, Thomas F.
McNamara . . . . . . . . . . . . . . . . . . . 4

PROTECTION AND PROTECTION OF THE COASTLINE,
Don Peterson 47
. . . . . . . . . . . . . . . . . .

COAST ACCESS, Harvey Sawyers . . . . . . . . . . . 53

NON-AGENDA STATEMENT , Ray Peart . . . . . . . . . . 62

III. PUBLIC REACTION TO COASTAL ZONEE MANAGEMENT

INDUSTRY AND THE COASTAL ZONE, George Gentry . . . 64

COASTAL ZONE MANAGENT THE AGE OF ENVIRONMENT ,
Michael Johnston . . . . . . . . . . . . . . . . 67

RESPONSIBILITY OF LOCAL GOVERNMENT W. Eric
Carruthers . . . . . . . . . . . . . . . . . . . 74

DEVELOPING A LAND USE ETHIC Dr. Bill DeVall . . . 82

PREFACE

The Coastal Zone Management seminar was sponsored by the

Humboldt State Co2lege Sea Grant Program because of the great deal

of local interest in pending state legislation. The program. included

presentations by a spectrum of individuals representing the various

points of view regarding Coastal Zone Management: a Congressman,

State Coastal Planners, County Supervisors, a County Planner,

the News Media, Conservation Organizations and Industry.

Each speaker presented a prepared statement and then answered

questions from the audience. These discussions have been included in

this report, although some questions and answers have been arbitrarily

edited. Editing was done to Take the text more readable without, it is

hoped, loss of the inteni of the speaker. Generally repeated phrases

have been deleted and references to specific situations or individuals

that did not seem to cc-11tribute significantly to the point being made

were omitted. The Humboldt State College Sea Grant Program bears the

responsibility for editorial errors but the full texts are available

for review.

It is sincerely hoped that this conference has provided the

oppo-tunity for Coastal Zone Management to be fully considered from

all points of view.

WELCOME

Dr. Richard Pidenhour
Sea Grant Project Coordinator
Humboldt State College

I would like to welcome you to this symposium which is in reality
the..,"irst such program that we have set u as part of our Sea Grant
P
Prc,gram at the College. The topic, Coastal Zone Management, is c@aite
obviously in everyone's interest at this time. There has been a great
deal of publicity given this toric. We had originally considered having
the symposium scheduled later in the year, but local interest has
resulted in the scheduling of it now. Various people in the J-ndustry,
in particular, had asked that we try to have this mee4ing sooner because
decisions were being made, actions were being taken, that were current,
that were now, and the feeling was we shouldn't wait in order to have
a chance to air this topic. I think that we have a pretty fair coverage
to get a sort of a general overview this morning, and we'll have the
more specific interests speak to the topic tomorrow. I think it will
be very informative for those who are here to hear it, and also for
anything that comes out in the way of a report, and through the news
media. I think will be very helpful.
I would like to take a moment to explain what the Sea Grant Program

is.
Although many of you, I am sure, are familiar with this program,
others of you may not be. The Sea Grant Program was started a f@@w
years ago through federal legislation with the intent, to some extent,
to parallel the land grant programs which were established over a hun-
dred years ago to provide assistance to the agricultural economy and the
agricultural industry. This has been ve@y successful, the productivity
of our land is, or course, recognized as being greater than that of any
other country in the world in terms of the technological advances that
have been made. But the utilization of our marine resources have lacked,
or have been substantially behind in terms oil technological development
or understanding of what is there,.what can be done and what needs to be

t
done. Sea Grant is des2gned to provide support primarily to institutions
of higher education with a three phase program: research, training, and
advisory-extension.
All phases of the marine environment, or marine -:1ated activities
are of concern. There are those resources that we are familiar with, like

the fish and shellfish, but this is not all. The mineral resources in
many places are being considered; the use of' the areas for recreation
and the use of the marine environment for transportation are being studied.
So, it doesn't stop at all with the fi@hing industry itself. Interest of
course extends on to the land. The land based programs, ':he processing
plants, in our case here the pulp mills with. the effluent affecting "he
marine environment in one way or ancther, to one degree or another, are
included in the realm of the Sea Grant Program.
There are essentially three levels of support provided, there are
institutional grants which were established in the original legislation;
there are the project grants; and then,because there is a long way
from providing funds to an institution for a very large broad progr-@Lm end
a single project with one individual involved in a single study of some
sort, there was set up a third catego-y for somewhere in between. Where
that somewhere is varies a great deal; and this is the coherent arE,a pro-
gram, and that is what we have herc-. It is a conerent area project, and
its title is Develo ment cf Living Marine Resources of Northern California.
P
These are one-third matching grants. In other words, the institution
must come up with funds to equal one third of the matching funds, whether
it is from the institution itself or from other participants, it does not
matter, as long as it is not from federal funds. One third non-federal,
two thirds federal. As I indicated, this in on a national level. There
!% are institutional grants in many states, Oregon and Washington have instit-
utional grants and were in the first round of such designations. There are
some in the Gulf area, the east coast, Atlantic, and even the Great lakes.
There are a very large number of project grants and a few coherent area
grants. Recently there have been instit,itional grants made in California
to the University of Southern California and the University of California.
There is some concern from our end, I think logically, just how these will
be coordinated, just what our aspect will be. We feel we do have an area

up here which has long lacked significant coverage, significant assistance.
It is a long way between here and San Francisco where the action has
t
less stopped when they come north. And it is quite a way from
more or

here north to Newport, or if you want, Coos Bay, where the action tends
to stop on the way south. Particularly the area between Cape Blanco in
Southern Oregor, and Mendocino is kind of a no-man's land, it is out of
reach to ai-yone from either end and we hope, in particular, to cover
that area. But we also want to get farther south, we want to include in
car area of concern the ports of Fort Bragg and Bodega at least.
Right vow we hclire six projects in a sense. We had four last year -
they were all research projects and it became quite obvious that one of
our lacks wai3 communication with the industry. It is awfully easy for us
at the colleee to become pretty much unto ourselves; we have an individual
staff member who is conducting a project and he has contact with the
grad students who are working with him, but it is very hard for him to
get across the Bay and over to the docks or whatever the case may be and
communicate. So when we made our proposal for continuation for this current
fiscal year, Included was thi_@ Advisory-Extension arm or project. Now
with this and along with one other new one, we have six projects. As
indicated, Gary Smith is in charge of the Advisory-Extension Program.
This is our ineans of communication. And I hope that this will go not
only in one way, in other words, getting to the industry or the marine
interested areas anything that we haverdeveloping at the college, but also
in the other direction. I think it is important that we have communication
back. What are the problems in the industry, what are the questions that
U7@_'
need answering? And if we can get some of that back then we can maybe
redesign, redirect our effort and anuwer them. Answers may be available,
it is a matter of communication to get the question and the answer together.
I think we have a great future here. We have problems. I mentioned
the one-third matching. Thiz is a problem to us. Most of our matching
must come from the efforts of the staff, but unlike the university systems
which have research appointmento that they can be assigned to these types
of projects, and assign salary, we do not have research appointments, we
have only teaching appointments. It is a little hard to show teaching
efforts to any great extent on a research project of this sort. We can
2*; tie a little to graduate students and their direction. But this has been

1 .07

a problem to us; we have managed to live with it so far and I think we
can be resourceful and work things out.
'e
I don't know how many of you have received the-quarterly newsletter
which Gary has started, called Trident, if you have, you have gottean a
pretty good over view of what our projects are at the present time.
Dr. DeMartini's work is on the Bay Clam, and starting this year on the
Abalone. Dr. Bill Allen's work is on the Biochemistry of the crab relating
to the molt, he has also gotten into the interesting aspects of developing.
artificial bait for crabs and the pesticide accumulation in crabs. Dr, Jim
Welsh in working on the rearing of crabs in artificial situations and in
enclosures. Dr. George Allen is working trying to get some ponds developed
on the bay, situated in conjunction with the sewage oxidat;on ponds at
Arcata with the possibility of the rearing of salmonids, salmon steelhead
and trout. These are our projects in addition to the Advisory-Extension
Program and we plan to expand and continue these next year.
We are having a visit here at the first of next month from the
i4ational Sea Grant Office, which is housed now in NOAA, National Oceanic
and Atmospheric Administration, in the Department of Commerce in the
recent reshuffling. It was with the National Science Foundation, but this
last winter it was shifted over so it is now under a different juris-
diction. They will be visiting us the first of June to see how things
are going. We have not really had an official visit sincG: we started.
With that, I think it kind of gives you an idea of what our program
is and to get thing,@- started here, again I welcome you. I hope this is
a fruitful meeting, I'm satisfied it is going to be. I think we are going
to have good coverage of a topic that is very much of interest to us here,
and the people throughout the state, particularly the people along the
coast that have either an interest directly or indirectly.

F @714

INTRODUCTION

J. Gary Smith,,Director
Marine Advisory-Extension Service

As Dr. Ridenhour has indicated, the Sea Grant Program at Humboldt
State College is charged with the development of living marine resources
in northern California for the benefit of all users. It is not by chance
then that the land immediately adjacent to the ocean has bec-.)me increas-
ingly important as a place to develop marine resources or for making use

of the sea.

The coastal zone has, as a result of man's activity, become an area
of intense concentrations of people. More and more people have been attrac-
ted to this region as a place to live, work and play. It is a good place
to locate industry. It provides a natural base for water transportation.
With few exceptions, the favorable climate has made the beaches and rocky
shores an ideal place for recreation. One needs only to look at a map of
the United States, California or the north coast to appreciate the manner
in which people have congregated along the shoreline.
The Bureau of Census tells us that California was the largest gainer
of coastal population during'the past decade. In 1960, about 14.1 million
people, or 89 percent of the State's population, lived within a strip
50 miles from the Pacific Ocean. The 19?0 census indicates the coastal
population increased to 1?.1 or about 91 percent of the population.
Historically, the concentrations of the population along the coast
reflects the past economic development of the State. Originally pract-
ically all the people lived near harbors which the first settlers landed
and developed into main arteriets of commerce. These areas provided a
natural place for people to live and work. It is becoming apparent,
however, living and working is not enough, particularly as our people have
become increasingly affluent and enjoy more leisure time. Man now seeks
use of the coastal region for recreation and esthetic pleasure. This is
particularly true of people in the crowded population centers of southern
and central California whose life style is characterized by an 8 to 5

existence.
Northern California is unique in this regard as we have not experienced
the rapid population growth shown in areas to the south of us. We are
also unique in that we have the marine resources on.and adjacent to our
coast that are in demand by the State's population centers. Vie supply
approximately 60 percent of the State's fresh fishery products from the
sea, we supply building materials for the State, Nation and world markets,
and we possess the natural attributes for water mid land recreation.
We are also told a potential of mineral resources is available off our

shores.
The question then becomes one of how to allocate these existing and
potential resources ina practical manner that brings benefits to all

users.

We are presenting this seminar as an initial step in answering this
question. Hopefully, the information presented today and tomorrow will
point out factors that must be considered in develo ing a practical coastal
p
zone plan that is responsive to our area's needs and potentials.
The seminar will be divided into three sessions that will attempt to
inform you about proposed planning, local government interests, and
public reaction to coastal zone management.

J 6

BIBLIOGRAPHIC DATA I. Report No. 2. 3. Recipient's Accession No.
12
SHEET. OAA-720215
4. Title and Subtitle 5. Report Dat@
A Seminar on Proposed Coastal.Zone Management, May 7-8, May 1971
1971

7. Author(s) 8. Performing Organization Ilept.
No. HSC_SG_l
9. Performing Organization Narne-and Address 10. llroiccE/Task/Work Unit No.
Marine Advisory Extension Service
Sea Grant Program 11. Contract/Grant No.
Humboldt State College
Arcata, Calif. 95521
12. Sponsoring Organization Name and Address 13. TYpe of RePort &-Period
I Covered
NOAA Seminar Proceedingz,
Office of Sea Grant
Rockville, Md. 20852 14.

15. Supplementary Notes

Seminar, may 7-8, 1971
16. Abstracts
agement Seminar included the following presentations:
The Coastal Zone Man
"Coastal Zone Planning in California," by Harold Bissel; "California',, Com-
prehensive Ocean Area Plan," by Thomas E. Gay, Jr.; "C-inty Coastal Slioreline
Planning," by Harvey Higgins; "Coastal Zone Jurisdiction," by Don Clausen;
"An Env'ironmental Management Challenge," by Thomas F. McNamara; "Protection
and Preservation of the Coastline," by Don Peterson; "Coast Access", by
Harvey Sawyers;i"Non-Agenda Statement," by Ray Peart; "Industry and the Coastal
Zone," by Gec-rge Gentry; "Coastal Zone Management-The Age of Environment," by
-Michael Johnston; "Responsibility of Local Government," W. Eric Carruthers; and
"Developing A Land Use Ethic," by Bill Devall.

17. Key Words and Document Analysis. 17c. Descriptors
Planning
Objectives
Coasts-
Shore protection
Shores
Public administration
Manae
ement planning
Ecology

17b. Ident if iet s /open- Ended Terms

California coast

17c. COSA,rl Fild/Group 5A
18. Availabri)litV atement
1. Sccurity Class (This 21. No
e, of Pages
P ed for distribution
Report)
U@NCLASSH ll:t)
20. Page 22. Pri-
0
FORM wris)i_@@ UNCLASSIFIFi)
USCOMM-OC 40329-P71

COASTAL ZONE PLANNING IN CALIFOPIIIA

Harold Bissel, Program Manager
Comprehensive Ocean Ar,:-a Plan
Calif. Dept. of Navigation & Ocean Development

It is very pleasant to be here on a beautiful day in my favorite
county. I have a lot of ground I want to cover and I will start by talk-
ing briefly about some history back when the State got interested in the
ocean and systematically doing something about it. Let's gc back to 1964
at which time Covernor Brown called a conference in Los Angeles entitled,

"Califo rnia ani the World Ocean".
A group of people got together from all over the world and talked
about the problems of the California coastal zone, on land and in the

water.

After two days this group came to a few conclusions and made recom-
mendations, including the si.1--
_ge2tion that there should be an advisory
commission appointed to assist the Governor regarding marine oriented
matters* As a result, the Governor established the Governor's Advisory
Commission on Ocean Resources (GACOR), which came up with several-,@-eports
in the next few years pointing out specific things that ought to be done.
The Institute of Marine Re,@sources in cooperation with the State
Office of Planning, and partially financed by a HUD grant, came up with
an excellent report going into specifics, really pinpointing some problems,
and mal-,ing a number of recommendations which led to legislation in 1967.
This legislation had an important sentence in it: "The Governor shall
prepare a comprehensive ocean area plan". The balance of the bill went
into detail as to how important the coast was, and listing things that
ought to be plan.7ed for, but %;as not too explicit on how to go abcut it.
The Act also created a commission, the California Advisory Commission
on Marine and Coastal Rezources (CMC). This is a 36-man commission which
is charged with advising the Governor on marine oriented matters, and with
(COAP).
reviewing the Comprehensive Ocean Area Plan
The Governor established the Interagency Council for Ocean Resources

(IGOR), composed of cabinet members and chaired by the Lieutenant Governor,
and directed them to prepare the COAP.
Just about two years ago I joined this council when funds became
available and, in my capacity as executive secretary, got together a
small staff and started the planning process.
Just to bring you up to date on this whole cycle, about a year ago
the legislature transferred the COAP bud6et into the Department of
Navigation and Ocean Development (the former Department of Harbors and
Watercraft), where the plan is being prepared under the policy direction

of ICOR.
1 won't attempt to get into details of how our planning process works,

but I will talk a little about some of our exmeriences and some of the

problems we have encountered, and lea-e some details to my a@L-@,ociate,
Tom Gay who will be talking in a little while.
California has about 12-17,00 miles of coastline, dependi:ig an how you
measure it. It ranges from the magnificent type of rocky coast we have
right in sight here on down through the scenic splendor of Central
California to the beautiful beaches near the Mexican border.

In this stretch we have this immense concentration of people that
Gary Smith has already mentioned, 90 percent of the population, very close
to the shore, all demanding access to the water's edge, and all demanding
a series of simultaneous uses of the same square foot in many cases. This
leads to very emotional situations because some of these us@fs preclude
access, others interfere with the esthetics, and many of them interfere
with what might be called private property rights.
Tackling these problems has turned out to be quite complex. The very
first thing we had to do was to decide what the area was that we were
going to plan for. This took several months, believe itor not. We never
did get a good clear, clean definition of the area we are planning for,
and we had to come up with three zones. Zone A - which extends @@ mile
inland from the high tide mark, and out to sea to the extent of the State's
jurisdiction -- about three miles; Zone B which continues on out to the
outer edge of the continental shelf and inland to the landward boundary
of the coastal county; and Zone C - which is the rest of the world -- acco'm-
modating the interests of fi6hermen, the e(,onomists, shippers, etc.
It is vi-,-j obvious however that the bulk of the problems, the immediate

pressing threats, the emotional issues, are located within the narrow
strip along the coast, certainly within the Y2 mile line inland;
certainly within the State's waters; and even more specifically, at
the water's edge.
One of the next things we did was find out what was there, in this
coastal zone. We did this by conducting an inventory of Zone A. We are
just winding it up and it will be published wi@hin the next month or two.
It is already available in draft form. We flew the coast and have aerial
photographs, both in color and in blac% and white. Next, photo inter-
preters went to work on this material and we now 'have for the first time
everything within this Y2 mile zone cataloged; we know exactly what is
there; how many acres of ir:.Adflats; how many acres of artichokes; how many
acres of churches; how many acres of whatever you want to name. There
are 69 categories of land-uses and 30 topographic features. This invent-
ory has attracted a
great deal of attention from developers and local
governments, and will be distributed in the very near future.
The inventory tells us what is there, but it doesn't tell us anything
about what is going to come. That is the next problem, and that is where
the whole machinery starts slowing down. At about this point I think I
would like to have some slides and give you a fast tour of the coast,
showing you some of the problems we encounter when we make this inventory.
Some of these will be we4lft outside of this geographic area but will show
you the complexity of problems and the range of solutions we have to face
up to. (Slides included views of coastal garbage dump, beach erosion,
cliff erosion, multipurpose use of Morro Bay, marina development, coastal
plain de*velopment, threatened estuary in Orange County, oil drilling
islands at Long Beach, and types of coastal residential development, heavy
beach use etc.)
I have shown you a few parts of the coast and a number of problems.
I am sure you can think of many in your area which are unique, but
certainly some of your problems have been illustrated. In doing something
about the problems, one of the first things you have to do is decide what
are the criteria for determining the iwportance of a given resource.
You ha*ie to lay out some ways to go - to establish Drioritiec among
competing uses. This has turned out to be the most difficult job of all,
becauue it is inevitable that whenever you get two people together on a

subject you are going to get two opiniors on the subject.
When you come to something as highly desirable and important as
this limited California coast, you are going to get large numbers of
people coming in great numbers at certain times of the year. They may
come only in the summerLlme, only during the wintertime, or during fish
runs, or times like this. The problem is that local people, the planners,
administrators, or anyone else who is involved or is handling the-se visitors,
are going to have to provide for this maximum usage of the coastline. They
are going to have to provide for this tremendous influx of bathers, of
fishermen, even though at another time these same facilities may remain
relatively unused.
What do you do then? Do you plan just for the one interest? Do you
only look out for the specialists, or the single viewpoint? The first
answer that you get and the one that usually comes up in legislation is
that you plan for public interest. But here we go again; we go right
around in a circle. Who is the public? Try to define it. Is it you
who live here in Humboldt County every day of the year, or is it myself
who comes here only several times a year, or it is the fisherman who comes
in and stays over the weekend on one of the salmon streams, or is it the
tourist who comes in and spends a part or all of his summer? Is it the
business man? Who is the public that you are planning for? Obviously
it is all of us, and as a result we have the problems of use-allocation.
I am going to give you seven very preliminary guidelines that we have
been kicking around for several months, trying to.get these in front of
the public and trying to show some of the difficulties in cL-.iiini; to a
conclusion. In no way are these to be taken as the final word. They are
only a way of thinking, and Tom Gay will go into this in more detail in
his presentation a little later. All I am going to do is give you a
lead into the kinds of problems we have when developing some standards
and criteria for guiding planners and decision makers.
The first thing I have to show you in these slides is what we are
now living with. These are planning objectives for our Comprehensive
Ocean '::,ea Plan, and took several months to get agreement on these very
general statements. We provide for orderly development and use consistent
with sound conservation principles, and we stress multiple uses consistent
with public interest. We maintain and improve the quality of the environ-

ment, including its amenities and esthetic values. We encourage the
wise use of renewable and non-renewable marine resources. We ensure

the continued existence of sufficient populations of all species of
living organisms for economic, recreational, educational, and scientific
reasons. I defy anyone here to argue with these. They are simply so
general that we have to go on to where the shoe tightens a little bit.
These are just examples again; I don't want to imply that any of these

are concrete.

We suggest that before we let anyone do anything in the coastal zone
that there should be a "first screen" that we are going to apply to the
proposed use. For example, if you want to build something, you come
before the appropriate board or agency, whatever level it is, and you
say you want to build this particular installation. So we say "Primary
uses of relatively undeveloped segments of the coastal zone shall be
restricted to those uses that are dependent on the zone's inherent
resources or its environmental attributes". In plain language that
mer,ns, "If it doesn't have to be in the coastal zone, don't put it there".
If it is a port or a marina, it has to be there. if it is a power plant,
presumably it has to be there in order to have cooling water. If it is
a nouse, well you have to prove that it is dependent on the zone's
inherent resources. A motel, or a hotel, is again questionable. You
seet if you come in and want to build a house there, we might-decide that
it doesn't have to be there; it could be a Y2 mile inland. If we should
permit a factory, or port, or whatever, to locate in the coastal zone,
then supportive uses would be permitted. For example, we would permit
toilets, roads, utilities, etc. to be built. I repeat, basically if it

doesn't have to be there then it shouldn't be there. The coast is too

limited to permit uses which can be located somewhere else with less
adverse impact.
Here's another guideline that's a little soft, "New uses of the
coastal zone should not reduce environmental qualities or amenities".
Most of us can agree on that, as most of us know in our own minds what
environmental quality" is. And everybody knows what he likes, doesn't
he9 Some people like to see smoke stacks, some people like oil wells,
some people like to see the unbroken horizon. As we define "environmental
qualities and amenities" there will be,less agreement obviouslyl

The next guideline is a little more com lex, "The d4.@,erS;ty of the
p
coastal zone's physical environment should be-maximineri a;id -,jaintained
in such away that the ecological and physical systems tt:nd towards

"V
stability". Another way of saying, "Be very conservat.-::s in how you
approach anything you do in this coastal zone. Do it gradually." What
you have out there now in terms of a physical system is the result of tens
of thousands of years of a natural evolution. There is a certain balance,
there is a certain overall stability that has been achieved, so don't
disturb it unless you are very careful. The minute you pvt in something
like a breakwater or a groin you are going to change s,@-,nd .'.low; you are
going Ito erode a beach; you are going to acrete somewhere e.,.se. If you
put a drainage canal th-?,ough a marsh, you change the water f.@ow, change
the flood plain picture, change the animal and plant life, ar;,.. once you
do, you are stuck with the consequences. You may spend the next 100 years
maintaining a new situation -- making sure things don't get worse.
Next, we have a very important guideline - philosophically,
"Modifications shouldn't reduce unnecessarily the number of options
available for future generations". Don't do things that are irreversible,
don't make irreversible changes such as filling everything up or dredging
everything cut unless you have to. Everything you do today is going to
affect the opportunities that the next generations have of doing some-
thing with that same are'a, It only seems fair that you give the next
group of people coming along a chance.
The next guideline says in effect, "T@at whatever you do should
enhance utilization of these resources". This is an answer, in effect,
to those who feel that sections of the coast should be locked up, no
access -- that no people should be allowed in -- all simply for the sake
of maintaining a particular environment. This indicates that we feel
that utilization of some kind, whatever it might be, even just looking,
There is an exception, "Unique educational and
should be permitted.
scientific opportunities should be preserved". If you have something
special in the way of organisms or of geology, or certain scenic attributes
that's great, preserve it. You may have to put up a fence but generally
that is ail you need, and some fragile ecology just can It stand up to any
amount of public use.

77
7

Another Very simple guideline, frequently violated however, is plain
sense about esthetics. We say that when you do something, when you put
something in, it should conform to the natural landform. It means it
shouldn't have conflicting colors or shapes, it shouldn't make big cuts
or scars on the landscape. Don't make big road cuts or fills, but keep
things so they blend in and fit the natural scene.
Now at this point I am going to change from discussing the broad
picture of how we have been coming along, some of the problems on the
coactal zone, how we got started, etc., to a d@scussion about some of
the things that are current with regard to proposed legislation, or in
terms of some of the things going on right now. I am going to make some
very rapid and vei-j superficial refer(,nces to bills that are before the
legislature at this moment. There were about twelve at last count
that have to do with coastal zone legislation. Several of the bills
that are in are what we call "spot bills", all they say in effect is
that there shall be a coastal commission. A "spot bill" may be amende
at any time, so a bill which has only the words "coastal commission" in
d

it at the start of the session, could end --p a 30 or 40 page document
and be highly significant.
Legislation now being c@@nsidered in Sacramerito includes about 12
bills having to do with some aspect oi' coastal zone planning and manage-
J ment. The approaches vary in these proposals; some concentrating power
at the local level and others at the State or regional level. Each
varies with respect to the power given to local elected officials, and
each varies with respect to the organization of regions and of permit
granting mechanisms. Some bills in effect provide a moratorium on
coastal development, while others do not speak to the issue. All appear
to reflect a $600,000 cost of preparing at least the first versions of a
plan and instituting a management system.
Since several of these bills are not yet printed, and since others
are in the process of being amended, I do not wish at this time to make
comments on the contents of any particular bills, but will list here
thosewhich at this time appear to be the ones to follow:
AB 16 (Wilson et al)
AB 1471 (Sieroty et al'
SB 1354 (Wedworth)
SB 1483 (Grunsky et al)

13
Z

SB 1555 (Alquist et al)
SB 1619 (Dills et al)
There are other "spot bills" such as AB 23o4 (Stull) and AB 2856
(Murphy) which may be further amended.
There is some action at the Federal level which should be followed
in connection with the State's own activities. In particular, there is
Senate Bill 582 (Hollings et al) which establishes a National Coastal
aand Estuaries Zone Management Act, and which would provide Federal grants
of up to $600,000 per year to coastal states which have developed and
adopted an adequate management plan and program for their coastal and

e
stuarine zone, and which have a single agency designated to receive
and admini6ter the grants. Further, each state must have the regulatory
authority necessary to implement the plan and program.
This authority must include power to acquire property; to develop
land and facilities; to borrow money and issue bonds for purposer: of
land acquisition or land or water development; to administer land cand
wat-ir use regulations, control public and private development of the
coastal and estuarine zone; resolve conflicts among competitive uses;
etc. Further, up to 50 percent of the costs of estuarine acquisition would
be met by Federal money.
This is not the only bill on this subject, and I am not implying
any endorsement; however, legislation in Washington should be-carefully
watched since it can have important consequences to California's plans.
I see I have used up my time, and will leave my associate, Tom Gay,
to discuss in more detail how we in COAP are going about developing our
planning and management criteria.
Thank you, and I will be happy to try to answer any questions you
may have.

7 ---------- -

73
DISCUSSION

Question 1: How can one go about getting a copy of the coastal inventory
which you said will be available in a couple of months?
Answer: You can check with our group in Sacramento (COAP Development
Program, Dept. of Navigation & Ocean Development, 1416 Ninth Street,
Sacramento, California 95814).

Question 2: Are the members of the advisory commission full time emrloyees

of the State?

An@--Wer: Members of the California Marine Advisory Commission are all
appointed by the Governor and are specialists ir. their fields: -30 of them
are private citizens and 6 are legislators, none are actually paid full time,
just expenses for attending t"Ile meetings.

Question 7: Isn't there a possible conflict of interest in this paid
decision making?
Answer: Where you have literally every interest represented along the coast,
you can't find anyone who doesn't have a conflict of interest.

Question 4: What do you,',-.Vlink should be in the Coastal Zone Amendment
legislation, giving strong control to Sacramento or to local
government?
Answer: I really don't know. After ranging up and down the coast and dealing
with companies, individuals and conservation groups, it comes out even.

V Question 5: Do you think the Coastal Zone Amendment will get through the
legislature this year?
Answer: One side says.no bill will get through the legislature on the Coastal
Zone, and another source @:)Lys that definitely there will be a bill this
year. It is my understanding that the legislature is going straight through
to October or November this year with a @',hree week vacation in August, so
that action on any bills this year may be as late as November.

Question 6: In the three zones that you have designated, is your planning
wholly restricted to Zone A which you described, or doos it

11a

lap over into Zone B?
Answer: We only had a certain amount of time and money so we have focused
on this half mile in terms of inventory. But when you move to what you are

-mile limit. All the bills
going to do, you can't be as arbitrary as a half
are taking the general position that the half-mile limit is the prime area
where moot effort will be concentrated. They all make different provisions
for either broadening the base further inland or narrowing derending on
::;pecific situations and that, in my opinion, is what we are going to have

to do.

Question 7: It might be advisable to indicate that it is a half-mile from
lagoons and that sort of thing.
Answer: Yes, it may include a half-mile from lagoons and such. Wetry to
mean it when we say from the high tide mark in areas where there is tidal
action. Lagoons that are closed the majority of the time still i.lay be
treated as though they are tidally active.

Question 8: Do you consider including the water courses along the coastal
zone since they have such a Creat effect on the physical

environment"

Arswer: Ideally we would.follow all these back to the very top of the water
shed, which by many definitions would be the top of the coast.--;l ridge. If
you take the Sacramento River it would lead us to the Sierras or if you take
some of the other rivers hz?re it would lead us up into Oregon. We would
like to do this; we know that these coastal canyons and flood plains are
tremendously important where most develorment takes place. Bull in many
places, in terms of inventory, we had to limit ourselves.

15b

CALIFORNIA'S COMPREHENSIVE OCEAN AREA PLAN

Thomas E. Gay, Jr.
Associate Program Manager
Comprehensive Ocean Area Plan
Calif. Dept. of Navigation and Ocean Development

What I want to talk about is not so much the general picture of the
coastline problems and of our Comprehensive Ocean Area Plan, but about the
relationship this State plan will bear to local planning--the theme of this
meeting--and what we visualize as the management part of the coastal planning
process and authority. When "au-*.hority" creeps into The discussion, you
are in a really different ball park.
I will talk about the.type of land-use decision process that is going.

on no
w, what will go on, and what changes we think maybe involved. I will
talk about the "State's interest"--one of those indefinite expressions that
appears in the enabling legislation and creates headaches. Also, a little
bit about our relationship and materials we interchange with local and county
planners; we trade a lot of information and ideas with them. lastly, I'll
little more deeply into the seven criteria items that Hal showed, in
go a
general terms; we have a little more bite in some of them now.
In the relationship of the COAP to local planning, there is a range of
possibilities: at one end, the COAP could offer general guidelines, under
which the local planner would have more of the authority; at the other end,
the State could have a great deal of authority and the local planning groups
(city council and the county board of supervisors) could lose some of their
present authority. The several current coastline bills are wrestling with
this variable, envisioning widely different approaches to where the
authority will be and where the planning will be done. We can't anticipate
which bill may win out, or even if a different picture might emerge than any
we see now, as to how COAP should relate to local planning in subject matter
or authority--how the State should exr.ress its objectives and policies.
Take nuclear power plants, for instance. There would be a great
difference in the attitudes of the State and the local government, favoring

or opposing particular installations. The same holds true for recreation.
The administrative relationship between the State and the local planners
is still uncertain, as to such factors as distribution of tax-revenue5 and
authority relationships. The COAP must somehow allow for potential variations
in these relationships as it provides guidance for specific local zoning
plans.
The COAP will not say a given acre shall be i7ecreational, or some other
specific use. Also, the COAP will not say in general that a given use has
to be in a given place, as this is the function of local planning depart-
ments, city councils, and boards of supervisors. As far as we know they
will keep this power unless legislation changes it.
The COAP is trying to provide the general guidelines for local planning
to follow. COAP has been charged by law to show what the State's interest
is and we are going to do this by demloping these criteria to be used as
.7
limits.
Whether a regional planning body, or "coastal zone authority" (as termed
in various Federal bills) will actually come about remains unknown. So our
criteria are designed to be useful no matter what, or who, comes into the
picture. We are very much iconcerned with the process of planning--with
planning, how plannnng should be done. The State is concerned that a form
of democratic planning process is really carried forth, and COAP will
recommend such a process, in hopes our recommendations will become law.
The plan that our group is producing will have no authorit3 as such. The
COAP plan will be the Governor's response to the legislative charge that
he produce a plan for the coast and hand it to the legislature; we are
helping him prepare that required response. So, of course, unless the
Governor likes what we put on paper, and unless the legislature likes what
he gives them and makes it into law, "here is no authority.
We feel that it is important to have a good democratic planning
--"den
process ocratic" meaning consideration for everyone. Many of you have
seen the four matrices that were done by Jens Sorensen, a graduate student
in landsrape architecture at the University of California. They show the
impact of the environment on a number of typical kinds cf uses of the
coastal zone. And what they do really is take apart some of the less

---------------

obvious impacts and make visible some relatively obscure secondary effects
in the train of events. For example, when you build a house you have to
dig the foundation; when you dig the foundation you affect drainage, runoff,
and erosion; eroded materials get into the streams; the detritus affects
spawning grounds and gets into the ocean; it adds to the beaches on the plus
side, and causes siltation on the negative side. These kinds of things are
what I mean by "making the consequences visible". Any person can check out
the cause-and-effect chain on a matrix like this. It is unwieldy, but it
is better than completely losing sight of possible consequences in the
planning process and in the decision process to approve the planning.
Incidentally, Mr. Sorensen has just been appointed a member of the California
Advisory Commission on Marine and Coastal Resources (11CMC11), a very pres
tigious body that has offered valuable guidance for all coastal planning
efforts. Commissioner Sorensen's matrices are available at cost. They are
one kind of planning tool that we believe can be useful.
In regard to decision processes, we feel that the hearing process will
be the ultimate way that land-use decisions will continue to be made. A
general plan shows the general areas where given kinds of uses are expected,
or in some cases, forbidden, Then when a specific operation or activity is
proposed, it is examined and discussed, to see that it fits the general
plan and, if it does, the decision is made to issue a permit to build it.
The general hearing Process allows everybody who has feelings about any
proposal--who has facts, objections or support--to be heard at the time.
The hearing process is not always a very rational one, but it is democratic.
Perhaps the eloquent ones carry the day, or the loud ones, or the ones who
can wait until three in the morning to be heard, but this is the best
system we have for making these decisions that affect everyone. We in
COAP feel that by helping everybody at the hearing to see the issue more
broadly, we are contributing something to this.process.
What is the "State's interest"" State and Federal governments share a
kind of hierarchy of authorities and responsibilities for various human
activities in this country. For example, national defense is certainly a
matter for the Federal government. The state, for example, has a huge rec-
reaction program, and a big State Iands function; many authorities are at the

lacal level. The COAP can speak with most authority about State-level
responsibilities. For example, the State Dept. of Parks and Recreation's
plans in the coastal zone should be pretty solid, becau-@e they own the land
or are going to buy it. There is no indication that they are going to
institute eminent domain. So they are free to talk about what they propose
to do with their land, and their statements are pretty firm "State policy".
The offshore lands from the high tide line out to three miles is State
land unless it has been granted to local or Federal agency. This area is
in the domain of the State Lands Commission, as are estuaries and tide
waters. In those areas, too, the State already has authori,@j to say what
it :@s going to do--always meeting certain laws and restraints as to the
disposal of these lands, or the uses and conditions that can be put on
them. For State-owned lands, the COAP can speak pretty positively about
planned use. But in other area7, that are traditionally under county or
local authority, we must be content to give broader guidelines for the use

of actual decision makers.
Some State authorities are already statutory, like that of Si.Ate lands,
the Public Utilities Commission, and Department of Fish and Gvme over the
use of offshore waters, and.so one. Another class of "State's interest"
would be the needs of citizens who live across the county boundar"y from a
given public utility; or a i-.,ater supply that is needed somewhera else, which
is quite common. The State must have the authority to speak about these
things if more than one county is involved. Another claE3 Of "State's
interest" included those interests or needs of citizens that are so expen-
sive they require public funding--like dams and highways. Or there may be
lack of expertise at the local level: for example, if a county can't afford
a staff of ecologists, the State should provide these.

Another kind of "State's interest" includes situations where the State
acts as an intervener with the Federal government. For instance, our depart-
ment is the State's contact with the Corps of Engineers, so we have some
concern for the protection of the beaches. The State's interest should
include an overall view of such general Pznctions as education, recreation
and agriculture, because the individual counties are not meant or empowered
to see beyond their own limits. Another source of "State's interest" is

where things have to be done rather fast, such as Department of Public
Health or Highway Patrol considerations; COAP has authority to express a
State position on these kinds of issues. The "State's interest" in long-
range conservation is expressed partly in our present considerations of
putting aside some preserves of offshore lands that are in danger now of
being picked clean in some areas. Scuba divers and some of'the educational
institutions know they have to have Eome kind of preservation of those
areas in order for scientific study and class work to continue. We feel
that the State is the roper level to provide this type of overall protective

In the final analy,;is, of course, there has to be general agreement as
to what fields of "Stat@'s interest" the COAP will speak to with real
authority. Rest asSUrEd it won't be.so just because I propose it here
today.
What kinds of ideas and data does the COAP need to get from local
planners? Basically, they should provide those kinds of things we can't
do ourselves as well as they can. For one thing, the width of the roastal
zone must be tailored to local needs and .-@onditions. Hal talked of the
COAP's "All zone as being Y2 mile inland and three miles to sea, making it
clear thatthis is only for the practical purpose of the COAP inventory.
We have deliberately drawn a v(-.try arbitrary "inventory limit" line, and it
has no political or legal implications. It's just a 1/@, mile line that we
happen to have put down. The COAP may plan for some kinds of issues that
extend well past the @'2 mile line, but the final decision to allow or dis-
allow certain planned uses is quite another level of authoritv, which
resides so far at the local level. But if coastal none planning is indeed
to become an effective concept and practice, it will require a specific
legal line, and the man whose property is on one side will be in a different
relationship to the planning and coastal authority than the man on the other
side of that line. So we are asking local planners to define the coastal
zone as it applies to their locality, as they know the local issues and

will have to live with it.

I might just interject now that Lne implication may appearin all this
that the'State is coming in with a big stick and is going to beat a lot of

local plannersbecause they have been bad in the past and because they
are firmly intending to be bad in the future. This is a convenient kind
of a myth: "them" against "them". But we have not found. it true in our
dealings with counties up and down the coast. A lot of people in each
county are deeply concerned with both the use and the preservation of the
coastal features. They have wrestled with these thin-s for years; some
counties and cities have much bigger staffs than we have; I.ots, of money and
7
effort is going into considering this thing properly. It is by no means a
fight, State against locals. Of course the final decisions may involve
fights, but the conflicts are already raging in the counties, at leastas
much as at State level. That seems to fit with the general American process
of government very well.
So the legal definition of the coastal zone would be a county and
iocal input. The second local input is really at the heart of COAP's
planning problem, and that is what the local jurisdiction considers its
objectives to be for its owli coastal area. For eyample, if you go to
San Diego County and ask a hundred citizens, or their representative govern-
ment, "What are your objectives? What kind of a use of your coastline do
you want hcre for the ne:,t 10, or 50, or 1,000 years?" They're going
to have quite a different list of ideas than this group here in Arcata today
would, representing the northern counties. Recreation would undoubtedly
rank very much higher down there, and industry would rank higher here.
Still deeper choicos have to be made: What kind of indu3try do you
want? Industry 'Ghat might look great in San Diego County would look terrible
to you up here, and visa versa, Lumber might look like a good industry
to push for up here. But what kinds of lumber industry do you want? k
pulp mill? Plywood? A planing mill? I'm not familiar with this industry,
but local citizens are--and they have to spell out the kind of industrial
mix that they want here. It is always a problem for the planner to know
what the people--this great populace with ideas that change almost from week
to week and certainly from year to year--want to create in terms of life
style they really want to live with. What kinds of recreation should be
encouraged here--how much of each kind? The only way the desired mix of
local activities can get onto plannin`, paper is from the local level up.

What mixture of amenities do the local people most want to preserve?
How much enenity are they willing to give up in order to have industry and
income? Livelihcod tends to be pitted against amenities and "the good life".
It h&s been a trade-off so far in American life, but lately there is
concern that the emphasis on expanding the factors providing livelihood
has been so uppermost that the amenities that make life pleasant have
been suffering. There has been a general feeling that amenities are
indestructible and would last forever, but now there is some evidence that
they aren't and won't. If you want to have a pulp mill you muct accept
some effluents ig..to the water, the smoke into the air. But if you feel
this is an acceptable trade-off here, this should be your expression. If
it is going to pollute somebody else's water or air too much, the State
Water quality Control Board is going to get into the picture. Then you
have the State setting some limits within which the local planning must
work. In general, we feel that each locality has its own life style and
it should continue to.

The third thing the COAP ne,@ds from local jurisdictions is their

J
gment as to their most useful and most essential resources. If their
ud

recreational beaches are their most prized resource, then they should say
so, and planning should' aim to preserve them. Also, they should identify
as expendable those resources they don't care so much about. Then if
power plants, for example, have to be put somewhere, they can be planned
for the less necessary areas.
We are also interested whether the local jurisd"'ction has a coastal
zone commission, or any government or citizen's mechanisms for dealing
specifically with coastal issues. It's a little early to expect very much
in this line as few local governments are that far along. San Diego and
Orange counties, for example, have relativel5 large ocean planning projects.
COAP also is interested to know whether the local planning jurisdiction
has special statements in their plan about the coastal zone. For example,
is there a special section about oceanographic education or any special
educational facilities that have special relation to the coastal zone2
To what extent is coastal zone planning distinct from the general planning
effort in each coastal county? The coastal zone is just a narrow rind on

the edge of the whole county planning area; on the map you can hardly
find it. It's a whole new kind of an approach to planning. The word
comprehensive" in our title means "encompassing all issues, all interests
for the area". County planners have been doing comprehensive planning for
their whole counties for years, but without the focus on this particular
coastal edge. COi,P is not riding over the horizon on a white charger
bringing a whole new idea--namely to plan for the counties' coastal zone
area--although we had something of this naive idea for a while. We are
just trying to sharpen up a focus on the certain kinds of issues in the
coastal zone and the kinds of planning that have been the province of county
planners for years.
Now a few things about our criteria. "Criteria" is used in many
meanings. In COAP, we consider the terms "policy", "guidelines" and
"criteria" as interchangeable. We expect COAP's criteria to be used by
all levels of planners, individual land owners, or developers, to see what
the State's interest desires, so they can guide their proposed @Ievelcpments
accordingly. The financial institutions that are backing developments will
)pefully back the ones that seem a little closer to policy. We want the
criteria to be useful to the coastal zone authority, Federal, State, and
local agencies--in other words, be universally helpful no matter who is
planning the use of the resources.
COAP will express its land-use criteria in absolute terns, rather than
11wherever p,,)ssiblell, or "wherever you haven't got a 1)etter idea,
saying
please do this". COAP will say, "There shall be no dumping into coastal
waters", period. But we expect the criteria to be interpreted for each
decision, and not used literally as edicts, even though the language so
states them. The criteria express the ideal, ultimate position, but we

know that man has to live in the real world and that modifications of the

coastal zone will go on despite the criteria. But we want the decision
to stay as close to that ideal endpoint as it can.
We feel that those who have to make a decision about a proposed dump,

for instance, must determine whether it has to be there, and whether
certain conditions must be specified to control that dump and its bad effectsi
and we expect they will do what they can to minimize its possible adverse-
effects. Hopefully, they will go with our criteria, and not against them;

that they will agree with their wisdom. Our criteria state a central point,
but we expect judgments to be made how they apply best in particular local
condition and time frame. COAP's criteria will apply to every land-use
decision, but if certain criteria do not apply, they needn't be used.
For example, if one proposes to use a beach for swimming, then prohibitions
against di.gging deep foundations and modifying the landscape would not apply.
We expect the local authority to pick out those of COAP's criteria
that do apply to particular decisions, but we intend to monitor decisions,
and will bring up criteria that are being ignored and will urge that they
be considered. We expect the decision maker, in following COAP's cr4teria
to assign the particular relative importance to each critical aspect of his
decision. For example, if it is more important to have power than to
preserve a particular portion of beach, for swimming, then we expect the
local decision to be made accordingly.
Some criteria are essent.i.ally independent of the social variables,
being related to the physcial aspects of the coastal zone. For instance
a criterion that "no estuary shall be filled" doesn't depend on how many
people live around there, but is rather a no-go type of criterion. Most
of these no-go types of criteria would be in the area COAP is classifying
as "State's interest". Other criteria depend on social pressure and local
choices; how the people may want to use that resource. 'We expect some
good arguments in the months ahead as to where the "State's interest"
really is mandatory.
We are now developing the COAP criteria from the general condition
that Hal was putting on the board, to the more specific thinking. Unfort-
unately, we aren't far enough along to discuss them very definitely today.
It would be like pulling the bandages off before the wound is really
ready to be looked at. But you will see the direction we are taking.
We feel that there are three general areas of criteria, all designed
to bear on the general class of decisions to (or not to) permit a given use
on a particular acre. The three fields of criteria concern (1) the
physical environment; (2) the economic environment; and (3) the social
environment. The criteria try to provif@,,@@ yardsticks so that each proposal
can be considered for its effect on the physical surroundings, the economy,

and conditions for earning a living, and the social conditions of the life

that we live.

The criteria also cut across the economic, social, and physical
environments, and apply two major decision questions. The first.is,
"What is the degree of need for this use to be in the coastal zone?" And
the second question asks "How beneficial is this use for the coastal zone?"
For example, we would approach any proposed activity by asking first,
"Are there reasons related with the physical, economic, or social envir-
onment why this activity has to be in the coastal zone, and can't 'lle
located elsewhere a).most as well?" Then only if we have a "yes" answer
to that question, we would ask "Are we assured that the proposed use will.
have a net beneficial effect (at least not an adverse one) on the physical,

economic and social environments?,

Let's look at a few of the measuring sticks that we propose should be
used by those decision makers as they apply these criteria. In the
economic.line, each proposed use should be looked at for its effect on
Next, what kind of services would this use
public income (the tax base).
require at public expense? Would it require extra police and fire protection,
highways, and so on that would be a public expense, and perhaps eat up all
--or more? 7he effect on employment would be another economic
the tax income

impact to be looked at; also the throughput impact, or the multiplier effect
by which some kinds of uses build other uses. For example, woods operation
ties in to the saw mill, planing mill, plywood mill, and even the lumber
shipping industry. This kind of economic leverage comes .)ut of some uses.
For example, to apply economic criteria to a roposed nuclear power plant
p
you might find that technologically you could build and operate the plant
half-a-mile back from the coast and pipe the cooling water to and from it.
But the costs of producing power would go up, so the basic question is,
"How much is the user willing to have his rates raised in order to keep
that plant from being built on the coast?" Also the social benefit of a
good park site around the plant, for day use and so ou, should be considered.
The whole question of nuclear power plants is now in a very emotional state,
and z:3me of these economic reasons should be brought into the decision.
What are some of the social conditions and impacts that we are consid-

ering in the COAP criteria? For one, "Is there a cultural advantage?"
(such as a museum.) For another, we want to preserve or enhance some
esthetics. There is no reason to have an overlook or a viewpoint unless
it is an esthetic one. Although esthetic values can't be measured in
dollars, they are an inherent part of the social scale of a given use.
Other social factors would include the effects on health, safety, and
welfare--we are suggesting some specific kinds of tests to be applied to
any considered use. Scenic, historical, archeological, scientific, and
educational factors would also be part of the social impact.
The third group of factors, the physical group, are pretty well known
already; these are the usual factors most people consider when we say
"the environment". The effect on the air, on water supply, water quality,
noise, smell--a number of analyses should be made. In applying the plar,ning
process before a decision is made permitting a given use to be located
in a given place, you can insist that they clear up the sm-oke, re@luce the
thermal pollution to a given factor, and so on. Wherever we have firm
State standards already, as we have in the area of water quality from the
Water Resources Quality Control Board, these standards would certainly be

built into the COAP criteria.

In closing, this is how we see the COAP developing, how we see it
being applied and useful to the local scene. Our time schedule is to
send the COAP to press the end of this year, and distribute it. early in
1972. We will circulate draft copies later this summer or fall, and want
to hear from all kinds of people and interested groups. That certainly
includes any comments or ideas that this group can offer us, now or later.

DISCUSSION

Question 1: Is the State gcing to have the authority and the responsitility
to do the planning?
Answer: The State does not appear to be taking the planning process over
lockstock and barrel. It's not that simple. The State would exert its
influence over a portion of the planning process, but a great deal of it,
some of the most fundamental parts, definitely would remain at.the local
level. I don't see the authority all going to one end or all going to the

other end.

Question 2: Who is going to run that knife to cut that thing?
Answer: That is an interesting point. I was kind of wondering if it is
possible for a kind of meshing. How do somethings like the Water Quality
issues get handled, do they get adequate treatment at the local end? Parks
and Recreation, when they come in, do they mesh at all? Lliat is the local
feeling? Maybe the state, which has been dcing some of these things for
quite a while, has been in,areas that haven't caused local problems. And
now you see us moving in areas and we are talking about developments and
these are the kinds of issues that come up to bat when this thing gets
started. I don't know how you draw that line, I think we are ass,-ming that
you can. If zoning (coastal zone management) were easy, it would have been
done long ago. We have very real opposing viewpoints for the.general good.
Who is the general good? We don't know just how the resolutions will be
made, but we feel, at the State level, that some State muscle or shadow
or.something over the picture may lend some authority that will be seen as
useful by some county or local people; it will certainly be seen as
threatening by others. We have the legislative mandate to write the plan
and there is the legislative will to the effect that more state involvement
should be brought into the picture.

COUNTY COASTAL SHORELINE PLANNING

Harvey Higgins
Planning Director
Humboldt County, California

I think Tom has more or less set the pace for local planning in this
partic,,ilar coastal study, and the State has furnished the County with
quite a number of documents. But you can see from what the State iL@
proposing that the County is going to have to do a lot, to furnish
materials as well as furnish master plans along these same line3.
Based on what Tom has said, the State is going to have this law on
coastal shoreline planning and we will have to, no doubt, develop a
master plan or an element to our master plan, which will require a lot
of these items, that Tom has em-ohasized. But before we get into x-,hat we
are going to do, I think we had better go over what we have done.
We haven't stood still although this coastal shoreline planning
s Gomething that has caught fire within the last year or two, and
there has been a lot of talk, but no actual standards have been set, no
deadlines have been given. As a result:, the Counties, particularly the
northern Counties (several of the southern Counties have started their
elements to their general plan) but the northern Counties haven't as
yet. We are kind of waiting for the guidelines.
The County has developed a Southern Humboldt General Plan vnich
takes in the incorporated City of Rio Dell and all of the land, or the
rest of the County lying south of that. The Van Duzen we will say is
the northerly line. The Ferndale General Plan, which will be involved
in the coastal plan because it takes you to the coast, the Fortuna General
Plan and the Eureka General. Plan, the Arcata General Plan and the Northern
Humboldt General Plan; and the only one of those General Plans that don't
actually affect the coast, I believe, is the Fortuna General i'laii. The-
reason say I believe, is that I haven't received an answer. The Eel
River is affected by the tide and.if it is going to be @@ -nile on either

side of the Eel River it will affect the Fortuna General @lan. Tom ca-n

........ ...

answer that when it comes to question time. These general plans were
developed in 1965 when people were not too concerned with the coastline.
The State recently came up with an idea that we, Del Norte, Humboldt
and Mendocino Counties, should develop a coastal plan. The State Office
Council on Intergovernmental Relations made the three counties an offer
of a BUD grant consisting of S40,000 if said counties would join together
either through a joint powers agreement or form a regional agency to pre-
pare a coastal plan from the Oregon line to the Mendocino-."-,oncma County-
line. That State Office concurs with the planning staff that Humboldt
and Del Norte counties coastal plans would be inseparable with the
Open Space and Conservation but have certain reservation.; as to the
inclusion of Open Space and Conservation in Mendocino Ccunty's plan,
due to the fact that the populated areas were inland rather than en the
coast. A regional agency is actually in the proc---@ss of being formed.
However, it will be a four county agency which will include Lake County.
There is at present a possibility that Sonoma County will also join the
North Coast Regional Agency. While the emphasis is on coastal plans, the
State Legislature passed a bill last year requiring that Master Plans
have an open space and conservation element by July, 1972, and an open
space oydinance by January, 1973. Based upon these requirements and
the pressures for a coastal plan, Humboldt County submitted a preliminary
application for a BUD grant through the State Office Council on Inter-
governmental Relations to finance these elements.
If a regional agency is not formed prior to January, 1972, it will
be desirous that a joint powers agreement be initiated in order that
an application may be submitted by January, 1972, in order that C. I. R.
can include the cost of the plans in their request for HUD 701 Planning
Grants. We will have to form a joint Powers of agreement in order to
accomplish these elements, as C. 1. R. has indicated that they will re-
ceive only one application from the three counties. It has been prelim-
inarily determined that Humboldt County will serve as the applicant for
this grant. Another snag encountered the other day is that the planner
from Del Norte County, and that is one of the reasons he is not here today,

will not be with us after June 1. We are not cuite sure if C. 1. R. will

continue to talk in the same vein in financing since Del Norte may not be

.... ......

able to participate in the planning end; they have indicated that they
are not interested in hiring a consultant. As far as making any actual
statements as to what we propose at this time on our coastline, I am not
at liberty to make any statements as to what the elements will consist of
as the Board hasn't given me any directions nor has,the Planning
Commission. I am going to have to come up with a proposal and take it
to them for approval.
At this point I think I will conclude as there are probably more
questions than I have answers -to give.

DISCUSSIO14

Question 1: Are you in the position of bringing the wrath of the tax payers
down upon the Board of Supervisors? The State is going to
have the authority and th,@ responsibility to do the planning.
Though not everyone would agree there is an advantage as well
as a necessity on the importance of adequate planning.
Answer: The local government should have full authority o ver its areas. You
are going to have to go to the regional agency in order to obtain the [email protected],wers
you want. If you really want to be heard, you have to keep the local govern-
ment in power. Any time a hew agency is formed somebody has Got to pay the
bill. The power should remain locally.

Question 2: If some school wanted to build on the beach, would we have
local control to stop this kind of thing?
Answer: At present we don't have. The on.ly place that we would control
would be within the areas that are zoned. Zoning is a very difficult thing
although everyone thinks it- should be done. krhen it comes to the actual
zoning of the land, the property owner has a good deal to say about it
and sometimes they can get rather violent.

Question 3: You said it is difficult to obtain local zoning. This would be
a very good point in favor of the State coming in and exercising
authority over land use. Particularly in the coastal zone, the
State could regulate to a far greater degree than local govern-
ment can as it has far broader powers. Local government is
subject to special interest groups in specific areas and to
individual land owners whose interes"l-s may be vital in planning,
but as far as regulation goes, the interests go far beyond the
local area. The decisions that you make here in local planning
effect people throughout the State in many instances, particularly
in the coastal area. This is an excellent reason for establishing
a certain level of @tate control over this planning of th*e

coastal zone.

Answer: If you had a problem and you own the land and you have to go to the
State, you would wish you only had to go to. the courthouse to resolve your

31a

P
roblem.

Question 4: Planning would beat the local level, I'm talking about

enforcement.
Answer: If you have a problem with the State, you should go to the State
and not attempt to use an intermediary.

Question 5: There is no adequate planning because there is no enforcement.
There are reams of reports and plans but no enforcement.
Zoning is constantly changed to fit the immediate needs and
there are no long range goals that are actually enforced. This
is where the problem is and this is a need for state land use
planning.
Answer: The State is not going to have any better time of it than the local
government because you still have to recognize planning and zoning ere
always done as an afterthought. People have nonconforming uLes all over
the ar---as, the-y have developed the land over the years as they saw fit
and, as a result, this development must be recognized when the area is zoned.

Question 6: Would you say that we are on our way now in comparison to
ten years ago?
Answer: Yes. When I came here nine years ago we had very few P.@@res zoned,
today we have better than 300,000 acres zoned.

Question 7: Speaking of planning ahead, were the facilities ever made to
develop guidelines for open space planning?
Answer: The State law on open space and conservation is in the bill. We
haven't started any program on the open space yet because we had hopes of
getting this thing financed first, and the shoreline is part of this program.
We have roughed out a copy and we are disiributing it to the various cities
involved as well as the three counties to get the approval of the governing

bodies involved.

31b

COASTAL Z014E JURISDICTION

Don H. Clausen
Representative in Congress
1st. District, California

Friends from Humboldt County, who, by your attendance, have expressed
an interest in seeing that this Leminar is a success, I want.to say at
the ontset that I am most appreciative to you for having extended to me
an invitation, for as you said Gar-, at the outset, this program being
sponsored by the Sea Grant College here in our own area carri,&s with it
a feeling of personnal satisfaction. There were just three of us at the
outset a few years ago; ironically enough representing the state of Rhode
7 Island was Senator Pell, from Massachusetts was Hastings Keith, and I
found myself pretty much alone on the west coast trying to uphold some of
these desires, goals and objectives of people interested in the entire
concept of ocean and marine resources. If I might say somewhat parenthetically,

.7
that, having observed the great success story associated with the land grant
college program and the outcropping of the agricultural extension service
related to land and land resources, I have always had the feeling that
more consideration needs to be given to that which lies contiguous to our
own area, and more specifically to the west of our area. And so, the fact
that Humboldt State College is located as uniquely as it is, I believe we have

i
n this area, an unusual opportunity to rnake a contribution to the entire
ocean resources program of research, exploitation, and more important,
development, so that it will be sustained over the period of time on into
eternity.
I first want to congratulate you, Gary, and all the people who are
going to be participantz in the seminar. I've heard excellent responses.
thus far from your efforts. I think one of the key factors that we must
recognize in the advancement of this type of seminar iE that 11t does do a
great deal to bring together through an improved communication system the
academic, the business and the political community in our own areas. And

I do not only welcome this opportunity, but also the opportunity to observe
and read the recommendation that will be forthcoming from the seminar.
The q,.iestion of Coastal Zone Planning and Management obviously at
the outset brings into question one of the very key factors, and I believe
that is the q,.2estion of jurisliction. As you know, under our Constitution
and the established laws of the land, it is very clear that the prime
responsibility for the coastal zone, for land use plann@ng, lies specif-
ically with the state and its local political subdividions out to and
including the territorial limits. Then, of course, the national interest
takes effect. when there i-- a specific piece of legislation that might
effect a given area, or as was the case of the extension of the fish
cons*rvat4on zone beyond the continental limit established by existing law.
However, I want to establish at the outset some of my own feelings
on this. I say this based upon, believe it or not, some nearly 16 years
of elected and legislative experience at the local and national level.
I know that some of you will be surprised when I reveal that figure to you.
But I served seven years on the board of supervisors in the County to the
north of us, a.-id I am now entering my ninth year in the Congress. I
want to state categorically, that in my opinion, "he primary responsibility
for coordinating the planning function must of necessity come from the
local units of government. Tl!ey, in turn, have the obligation and the
responsibility to work in cooperation with the people that they specifically
represent. However, I %-Tould admonish those, that have that responsibility,
that if you have the desire to maintain that local control, be!-..ooves
you to take local initiative necessary to develop the kind of planning
and management efforts that you yourselves desire, otherwise there is going
to be someone interested in other levels of government that will become
involved because if people do not have the opportunity to convey their
wishes through local government - there quite understandably is, under
the Federal government, the tendancy to want to move to the next level of
government. So, as you've heard me say so many times, if you want to retain
your loce.1 rights, you mus, assume local re snonsibili ties.
I believe that what I see developing here in each of the counties of
our north coast leaves me with a feeling of genuine optimism. I am pleased
to relate to you that a number of local initiatives have taken place and

they have become more commonplace over the years. In most of the counties
of our north coast, I find that they are in the proces7 of developing an
overall land use plan in each of the areas, furthermore, each one of them
is in the process of developing water resource policy. I think this is a
very encouraging sign because, unless they are in the process of formulating
or developing something in the way of a plan, it is very difficult for those
of us who serve either at the State or Federal level to advance what, in
fact, are local objectives. As a matter of fact, I think there is a ten-
dency to develop a reaction program rather than an action program. So,.
I am most encouraged in what I see evolving in each one of the counties

of the north coast.

As you know, I am in constant communication with the various repres-
entatives, and I can say without fear of contradiction that the communication
has been on a tw3-way street. I wark closely not only with the local boards
of supervisors, but also with the local city councils. Of course the hot-
line between Sacramento and Washington is kept.wide open and I have to say
in the presence of Don Cave, who is here representing Senator Collier, th.at
the line of communication between Senator Collier's office, Assemblyman
Bellottils office and my own is certainly not restricted or inhibited in
any way. So we carry on a number of exchanges, the general idea being that
we can have a general understanding between us and we in turn will comm,@nicate
with the people of the lozal level not necessarily to preempt their pre-
rogatives, but to offer some constructive suggestions that we think they
might want to consider.
While it is not my prime responsibility, I do on occasion fall back on
my local government experience when I communicate with the board members.
I can tell you that when I first got involved in the local elected positions
in the County of Del Norte, we went through tho frustrating experience of
observing that they did not have a local building c-_Jc or zoning ordinance
of any type. All you had to do was fly over that area to see where the
incorporated city left off and the unincorporated area began, and everything
tended to grow like "topsy", rather than in a coordinated manner. Shortly
after my service on the board,.they devetloped the kind of building code
and land use zoning plan that I believe has served the County, at least from
the initial point,and of course they are constantly updating it. Personally

I do believe in coordinated planning. But unless you have the local input
and the local cooperation in my judgment, the best plan in the world will
never be implemented. An example I could refer to would be when we, at the
national level, advanced the water quality act in 1965. Many.people are
interested in the question of water quality and clean water, but in many
respects they are sort of Johny-come-lately's because it was on our Rivers
and Harbors Subcommittee that we eiiacted the first legislation in the
area of water quality control. A rather significant point developed as
we gained experience. With all the emphasis placed on the funding, there
was something that even the testimony at the outset did not reveal. And
that was, withall tlie funding that was authorized in this legislation
there was one very significant oversight - the fact that there were not
enough qualified sanitation engineers in the country that could implement
the program that had actually been authorized by the Congress. So sub-
sequently, we had to incorporate into future legislation a scholarship program
that would place greater emphasis on educating sanitation engineers so that
they could serve throughout the entire federal system wherever there was
a need for that type of personnel to implement the prograr, at every level
of government.
Another very encouraging program that is now underway is the North
Coast Area Planning and Development legislative proposal that is now being
considered in Sacramento. This would create a multi-purpose planning agency
between the established political subdivisions of the north coast. It is
yet to be determined the number of counties that will be involved in this
total effort, but I do know that each of the board members have been meeting
regularly over the last number of months and I believe it will be something
that will probably be enacted in the legislature this year. In my view,
this is the kind of effort that is necessary if we are going to guarantee
the maximur. opportunity for local input and local control. This would be
a legislative enactment at the state level, and from what I can understand
of the proposal it will take into account all of the various programs that
are of interest to the people of the north coast of California --- all the way
from.coordinated land use planning, transportation system planning, law
enforcement and the balance of the programs that need coordination as a
result of Federal or State legislative enactment. I think that one of the

key elements that will guarantee its passageis the fact that it is
guaranteed a maximum of control, the maximum input and the maximum coor-
dination on the part of your local officials. As a matter of fact, you
know there are many people who are inclined to think that a federal statute
is a panacea, but it is my view that unless you have local initiatives,
local involvement, local support, that no legislative proposal at the federal
level will stand the test of time. This happens to be the magic of our
federal system, that more people need to have a broader understanding of
our federal system and how it can be responsive if you have people serving
at every level of government willing to be responsive to these challenges
Now most of the federal legislative
of change that are taking place.
proposals at this juncture are in the comprehensive study stag@,. Of course,
they deal with erosion control. There is also an attempt underway to
develop a total inventory of the estuaries that are on the coast. There is
consideration being given, as you know, to river classifications by the
various agencies of the government, and of course a great deal of emphasis
on -@he area of water quality control. But most of our involvement in this

area is in those river basins wherein there is a basic interstate interest.

Here on the n,,-th coast, as you all know, there is a. major effort
made that I think has not only drawn national attention, but I think national
recognition, for the advancement of three major conservation proposals. One
of them in particular was very controversial and that of cour--'- was the
Redwood National Park wherein, in addition to the Redwood portion of the
total proposal, a very t.@ignificant fact that was accomplished was the nearly
40 miles of seashore from Del Norte county down into the Humboldt County
area. In addition to this, the Kings Range National Conservation Area, in
northern Mendocino and Southern Humboldt, included something in the vicinity
of 13 miles of seashore. Then you are all familiar with the Point Reyes
National Seashore down in Miarin County. The monitary factors involved
were recognized in the Congress as the most pronounced committment that
the Congress has ever made to these national conservation prolosals.
As a matter of fact, this has all been accomplished in the last couple of
years. Some $92 million to redwoods,158 million to the Poirt Reyes National
Seashore and $5 million to the Kings Rango National Conservation Area. These
three major conservation proposals that are now included in the National Park

V.,

and Recreation and Conservation system I believe have set the stage for the
anchor points for whatever you come forth with in the way of a coordinated
land use plan for the north coast.
The one thing that I want to digress momentarily on, which will be
a source of in-depth consideration and del-ate, and that, of course, will
be what will take place in regard to th,@ rivers on the north coast. At
this point most of 'the rivers are under consideration by one of the agencies
resnonsible for land contiguous to the location of the rivers. But in
general my view has been that I quite undorstandably want to see the Smith.
and the Klamath left in their free-flowing states. The Trin;ty is the
river that has had some form of development, and consistent with the policy
that I have developed over the years, I want to have input from the local
political subdividions as they develop their own water policy recommendations
before I take any kind of positinn on some of these proposals. As an
exaj,-,ple, in the case of the Trinity as far as I am concerned, one key
organization would be the Trinity Board of Supervisors, and the other
would be the elected representativesat the State and Federal level. In
addition to this the rivers in Humboldt County, the Mad River has some form
of development and there will be additional development on this to meet
the local water supply requirements and for other Purposes. I wo,.:,ld assume
that the Van Duzen would stay in its free flowing state unless for some
reason someone were to come up with a proposal for some upstream develop-
ment for low flow augmentation purposes. I an, assuming that the Bear
River and the Mattole will stay in their free flowing states in addition
to the Noyo, the Navaro and that which is remaining in the Russian River.
But when it comes to a question of the Eel River it has long been my view
that *you cannot isolate it into the category, or place it in [email protected] same pos-
ition as some of the other rivers. I have always felt in that entire Eel
River basin, you have two very serious problems that need attention. One
is the flood control problem and the other is the erosion problem. As a
consequence I have advanced the Eel River basin water shed conservancy program.
This would be to develop the kind of comprehensive studies that would lead
to a system approach rather than confining it to just a single project whether
you have a project or not. Only time will tell, because they will have to
be justified consistent with the established methodology for evaluating pro-

jects. I would submit to you that the current methodology for evaluation
of projects and the criteria for the establishment of the benefit-to-
cost-ratio is under constant review by the National Water Resources Council.
Rather than depending solely on primary and secondary benefits, which I
view as totally archaic and outmoded - they do not take into consideration
enough of the potential project purposes - the movement now is to discard
the movement toward primary and secondary benefits and move, instead,
toward the consideration of the total environment and then developing a new
criteria that would refer to or reflect total benefits. This is now in the

process of beipg developed.
On the north coast I believe that we do have something going for us.
I think we have time, and I think we have lots of space, and with the right
kinds of initiatives, with the right kind of input, I believe that we can
avoid some of the problems that have taken place in some of the major
metropolitan areas. If the United States has any basic problem here in
this country, it is the fact that too long there has been a tendancy to
allocate funds into areas where the population is now located. They
needed to give equal consi deration to wh@.,re the population could be. Our
total population pattern in the United States is out of balance, dangerously
out of balance, and I think it has been the singular thing which has.con-
tributed to the frustrations L@:id problems that are so prevalent primarily
in the metropolitan areas. We on the north coast have a unique opportunity
to do the job properly and avoid some of the problems and the nit falls that
have accrued to those in the major metropolitan areas.
The one area that I believe is most deserving of this r@,@minarls
attention, and hopefully you can seek ways and means of adding support to
something we have been attempting to advance at the Congressional level, is

the extension of the fish conservation area zone offshore. Vie find our-

selves in a very difficult position. We are pretty much isolated geograph-
ically and it is very difficult to gain anything in the way of interest and
support for this kind of legislative proposal or recommendation because
there are so few legislators on the national level that are likewise
affected. As a matter of fact, I believe you can almost count them on your
own, hand - the two members from Oregon., a couple from the state of Washington
and myself on the north coat are really the only members of the House who

have a real interest in attempting to establish an extended zone offshore.
Whenever I have the opportunity I try to convey to our audience that they
learn a great deal about the problems of our own fishing community, learn
a great deal about the resources that are being affected out here by the
intrusion of foreign fishing vessels, so that you can write to friends or
civic organizations across the country and convey to them that you would
like to have them write to their own legislators in the Congress in the hope
of supporting an extension of this zone.
I have introduced two bills, and someone will say, why do you introduce
two bills. It has been my experience that you would advance something in
the way of legislative proposal it would be an ultimate objective, but
ultimately you may have to be satisfied with something a little bit less.
I have advanced the 200-mile fish conservation zone, but I have also
advanced the 50-mile or the continental shelf whichever is greater. In
discussing this matter with the local people "hey say we woulsi prefer the
200-mile, but if it is more realistic to obtain the 50 or the continental
shqlf, whichever is greater, then we would like ',o have something in the
way of a legislative vehicle before the Congress for consideration. This
is the reason we i)rovided the two-pronged proposal.
As you know, right here in the state of California there is divided
cpinion. But I am pleased to say two things have occurred that give us
One, the Merchant Marine and
reason to be a little more optimistic.
Fisheries Subcommittee did hold a hearing in Seattle. Based upon the
previous hearings that I have attended, I found the fishing community pres-
ented a much more united front than has been presented heretofor before
Congressional committees. Second, there is a major movement toward an
expanded federation of fishermen throughout "Che United States; they are
in the process of meeting for the purposes of developing policy and strategy
on advancing the proposal. I think we must recognize the tremendous efforts
of you, Floss Bishop, and the Fishermen's Wives, for what you have done
in expressing the plight of the local fishermen and the local economies
that depend on their input.
In my concluding remarks, I want to reiterate what I have said just
briefly before. I am hopeful that each and every one of you will conduct
t
in depth studies, involve yourselves in this kind of seminar, but more

importantly, work toward a communication with one another. I have what
my staff refer to as a Clausonis-n, it is a quote', "progress is born of
a clash of ideas mutually dedicated to a common goal". The last thing
you can afford is a clash of personalities, and it is for this reason that
I have come here tonight to be with you. I look forward to working with
you as you yourselves develop the kind of legislative proposals that we
ultimately would implement should this be the decision of people like
yourselves and local political subdivisions who in,fact adopt them as policy
for the county.
So, with this, I will simply remind you that many pc-)ple are looking
to the north coast because it is sort of the last frontier to many - with

L
@ome 40 percent of the water or-Iginating here in the north coastal streams,
and the tremendous anadramous fishery habitat that we have out here that
yields many benefits both to commercial as well as sport fishermen who
visit our area. It behooves each and every one of us to maintain that
eternal'vigilance in the hope of advancing the best in coordinated land use
planning, program recommendations, but at the same time, don't lose sight
of our major responsibilities off shore. I am convinced that we, at the
National as well as the State level, will develop the kind of program
that you want. We don't need any experts to come in from the outside to
tell us what we already know so well as a result of our own r3search in
this regard.

4,o

ALI ENVIRONMENTAL MANAGEMENT CHALLENGE

Thomas F. Mcllamiara, Chairman
Board of Supervisors
Del Norte County, California

Today, 75 percent of our Nation's populationreside in 31 states

which border on the oceans and the Great lakes.

Just as 2L balanced, multiple use of -such valuable natural resources
as timber and timberlands,-have proven to best serve the public inter-
est -- so too, the -oublic interest is best served by a balanced,
multiple use of the land and water of the Nation's coastal zones.
The need for a comprehensive, coordinated, and balanced coastal
zone planning an.-I management program is recognized at the National,

State and local level.

However, the coastal zone, just as most natural resources, presents
a complex environmental management challenge.
In addition, the problems of population distribution and economic
development must be considered in any coastal zone management program.
Population concentration rezalts in the universally recognized
"urban crises" in the over-congested metropolitan areas, as the economic
and social costs of population gro,..ith'outrun resources. Correspondingly,
a rural crises results f-rom out-migration in the rural areas and small

towns and cities of the Nation.

To help resolve "lie pressures of concentration of population and
economic development in over-congested urban areas and as an aid in.
steering a greater proportion of the population and economic growth
into the rural areas, a balanced, multiple use, of the coastal resources,
planned and managed by local governments in the coaztal areas working
together, in cooperation with State and Federal government, will best
serve 'he public interest.
In C@@lifornia, because of the vast expanse of the coastal zone,
and the severe population imbalance between the area from San Francisco
south to the Mlexican border and the north coast area of California, the

most logical, effective and economical administrative and legal structure
for coastal zone planning and management. in the north coast region of
California would be an areawide, organization which is structured in
such a manner that the governing board would consist entirely of
elected public officials, representing the cities and cowities within
the north coast area, but with adequate opportunity provided for broad
citizen participation.
The State of California should assume the necessary responsibility
for assuring that the general public interest is served in the balanced,
multiple use of the land and water of the Coastal Zone.
This state responsibility and general overall policy regulation

can be accomplished by appropriate certification and approval require-
ments included in State legislation establishing, in the north coast
region of California, a north coast area planning and development
tion. Similar area organizations should be established for the
organization

central and southern areas of the State.

Federal financial and technical assistance must be provided to
the State and area organizations to allow an adequate and comprehensive
coastal zone planning and management program to be developed, based
on Federal, State and local participation.
One of "the basic recommendations contained in the Report of the
President's Task Force on Rural Development is that "the real strength

of rural development is that it harnesses local energies and run by

local people who know better than anyone their own problems, their
own capabilities and their own properties".(A new life for the Country-
The Report of the presidents Task Force on Rural Development, March
1970).
Once planning and development moves beyond the strictly local level
and, either because of natural, economic or other factors, takes on
an area or multi-county dimension, then cooperative and coordinated
action by the local governmental entities in the area is appropriate
for the required planning and development activities.
Because of the interlocking political jurisdictions, the inter-
related coastal problems, and the magnitude of "lie coastal zone planning
and management program required, a multi-purpose area planning

and development organization, supported and established by adequate
State legislation, will provide the necessary administrative and legal
framework to core with coastal zone planning and management with the
least interference with but significant and essential participation by
local governments within the area.

nd Mendocino have had
The Counties of Del Norte, Humboldt, Iake a-
under consideration for the uast 2 or 3 years the formation of a
voluntary multi-purpose area organization.
At the present time we have under review a draft of proposed
legislation to be known as the North Coast Area Planning and Develop-

ment Act.
Section 67522 of the proposed Act contains extensive provisions
relating to the preparation of an Area Development Plan. A few of the
elements that will be included in the Area Development Plan are:
1) Policies for the mo.,@t desirable pattern and intensity of
general land use within the area in the light of the best available
information concerning natural environmental factors, the present
and prospective economic and demographic basis of the area, and

-n the area to land use outside the
the relation of land use with.L

area which bears relation to the planning and development within
the area. The land use pattern shall provide for open sp@,,_-e as
well as urban, suburban and rural development, and shall include
classification of urIjan develoi)ment into major components of
residence, industry, commerce, parks and recreation areas.
2) A conservation plan for the preservation, development, util-
ization, and management of the scenic and other natural resources
within the area under the jurisdiction of the Area organization,
including but not limited to soils, estuaries, natural preserves,
shoreline and submerged lands, scenic corridors along transportation
routes, open spaces, breeding grounds of fish and wildlife, and

recreational and historical facilizies.
3) A plan for providinC maxirium public access to public

lands within the area.
4) A recreation plan for.'the development, utilization and
management of the recred'tional resources of the area, including but

. ....... ...

not limited to, wilderness and forested lands, parks and parkways,
riding and hiking trails, beaches and playgrounds, marinas and other

recreational facilities.

On a broader scale, there is a need for a National Coastal Zone
Managment Policy. Further, the Federal Government- must provide a
major portion of the financial assistance to States and local govern-
mentE and areawide agencies to allow a. balanced multiple use Coastal
Zone Management Program to be developed. A Coastal Zone Planning and
Management Program, just as most environmental management programs,
tends to be excessively cl-stly because of the severe population im-
balance in this Country. However, the uncoordinated and overly complex
programs of the Federal Government is a major factor in creating
population imbalance. At this point, liberal financial assistance,
together with technical and administrative cooperation and assistance
is what is needed ncw fr-)m the Federal Government -- not more control.

Review and ar,-croval nrocedure should be adopted and implemented at
the Federal and State level in matters of Coastal Zone Planning and
Management -- but direction and control should be retained by local
governments exercised in a coordinated and coopera t4 ve man
ner through a
voluntary Area Planning and Development Organization.
Although there has been, in past years, an attitude of reluctance
and even indifference bv some local officials in matters concerning
governmental actions re,-.i'Aired to improve the quality of life and the
pr @'t4
environment, the present attitude is more responsible and @ cal,
especially in the rural and non-metropolitan areas where economic
survival is a constant struggle.
The need for action in developing a balanced, multiple use Coastal
Zone Yanagement Program, even though such a complex and multi-jurisdict-
ional problem requires some modernization of local governments, and more
effective implementation of the Area Planning and Development process
does not justify or requir@@ the removal of control and direction out of
the ranr,-@ of power of local governments.

It is not the vastness of our National Parks and recreational
facilities, or giant rivers or bristling coastal areas, nor the size or
power of our military, nor our unmatched technological and scientific

accompli.;@hmovt.; that makes this Country the recognized leader among
all nal i.on:-- on elrth in guaranteeing freedcm, liberty and independence to
j all it:@ -it!,-,en.,.-, -- it is the moral and spiritual unity of our people
and the unyielding demard that government, at all levels, respect, protect
and recognize the primacy of individual freedom and liberty.
Those who trample upon our Constitutional liberty by the undue
impooition of governmental control. or regulation -- whether in the
name of conservation, economy or otherwise, are reinstituting the
abuses and excesses so strongly condemned in our Declaration of
Independence.
Exercise of governmental power -- at any level -- is a delicate
matter but the frequency of imposition of oppressive and arbitrary con-
trols upon the daily rersonal and business activities of [email protected]
is far greater whcn exercised by an overly centralized Federal govern-
ment, whose course is charted by weak and misdirected national leaders,
supported by a continuous flow of irresponsible and deceptive propaganda.
The de-@olation that would ex4st in this Country if there were no
anin*,als, or fish, or trees, or ocean beaches is not the desire of any

reasonable man.

The quality of life depends, substantially on how man reacts to his
natural environment and the use of our natural resources, -- there is a
balance between conservation, preservation, beauty, business and indiv-
idual freedom that must never be ignored.
In summary, our position on coastal zone planning and manaCement

is:

1. Any planning and management program involving our coastal areas
must1be based on a balanced, multiple use concept.
2. Local governments voluntarily working together within the
framework of a multi-purpose planning and development organization
will provide the best vehicle for assuring the retention of essential
power and control at the local governmental level.
3. A National Coastal Zone 11-lanagement ;@Olicy, enhanced and
implemented in cooperation with State and local governments should be
a part of an overall National Growth and Develonment @@olicy.
4. Certification and review requirements of the State and of
the Federal government will protect the geneial Pub2ic interest in

any Coastal Zone Management Program without unduly interfering with
the exercise of primary power and control by local governments.
5. Finally, improvement of economic conditions in the north
coast region of California must be given primary consideration in
all natural resource planning and management programs, including
coastal zone planning ana management.

PROTECTION AND PRESERVATION' OF TILE COASTLINE

Don Peterl,..on, Chairman
Board of Supervisors
Humboldt County, California

My remarks today will be directed in a general way toward the
concept of planning and managing California's coast-' zone and on the
of coast and shoreline preservation. It is not my intention
to npeak directly to any present billnow in print. The legislative
sercion has many weeks to go and much can happen. The principles 1 set
forth here -- we hope will be included in whatever final bill is passed.
First of all, we believe that there is a legitimate nationwide
concern in the coastline -- and therefore the federal government has a
responsibility for assisting coastline protection. The national goal
should be to rrotect and preserve the coastline (particularly California's
coastline) to the extent that the federal. government primarily provides
technical and financial assistance, leaving the mechanics of solving
specific problems to State and local agencies.
Secondly, we believe that there is legitimate interest by all of
the people in the State in the coastline and therefore, State legis-
lation should be enacted to accom,)lish a local, regional and State shore-
line control program. This legislation should mandate localprograms and,
at the same time, give local government the power and the tools to. accom-
plish necessary preservation and proper land use. Such !,@gislation should
include the authority for Joint powers agreem@ints, regional associations,
and multi.-overnmental agencies for this purpose.
Precise planning and zoning responsibilities within the mandates and
guidelines set forth by the State for- the coastline should rest with
local government, and program emp'aasis should be on direct local action
within the framework of a rerional- plan and a State policy.
Existing councils of government and multi-governmental planning
agencieL' should be utilized to coordinate 'the regional. planning function
consistent with their other regional planning activities. Where no
multi-governmental agencies exist, specific legislative authority should

be given for such a purpose.
We support State legislation requiring each city and county along
the California coastline to establish a shoreline element as part of their
general plan consistent with State guidelines. 'The plans should include
specific and direct methods of enforcement.
The plans should be reviewed and approved by the appropriate council
of governnent5 and/or regional planning commissions where they exist to

determine -whether or no' State and areawide needs are met. The State

should establish guidelines and criteria for the preparation of the
coastline conservation plans to be consistent with the highest and best
use theory and in the public interest as determined by elected officials.
Suc!@ guidelines should govern but not be limited to'Tolicies dealing

with:
a) Tlie destruction ol an estuary, saltwater marsh, slough, river.
mouth, lagoon, bay or coastline, or any part of an estuary, saltwater
marsh, slough, river mouth, lagoon, bay or coastline within the coastal

zone.
b) An-Y rossible reduction in, or limitations on, legal public access

to the water from land within the coastal zone.
c) The reduction in the area of lands available for rublic beach

or shoreline recreation or associated activities within the coastal zone.
d) The substantial interference with the line of sight from the
nearest existing public street or highway within the coastal zone to the
water's edge or the seaward horizon, or both.
e) Filling or dredging for purposes that are not consistent with
uses which are necessary to and dependent upon the coastal zone environment.

Within each council of gover"nents or multi -governmental entity,
a shoreline control commission should be created, composed primarily of
locally elected officials. Also included on the commission should be
representatives of the public from appropriate disciplines.
The regional plan should be submitted to an appropriate State body
having subs@-antial local re. i? re,@.entat ion as designated by the Governor.
This review shall be to determine if State guidelines as minimum standards
have been met and to insure that the var`,.oun regional plan--- will meet and
be consistent with those plans as they affect local area conditions
serving the best interests of the region,; affected.

The mandatory date for submission of the local coastal plan to the
council of governments should not be more than two years after the State
has established the guidelines and criteria foi@ the plans and funding has
been available through the State. This planning effort should be coordin-
ated among the State, regional and local levels.
During the two-year planning period and/or prior to the final
approval of local coastal elements, the guidelines should be imposed as
mandatory regulations in conjunction with a permit system. The permit
system should be admdnistered by the council of governments or multi-
governmental agency. There should be no appeal beyond the council of
glovernments.
If after the two-,@ear period, a city or county has not submitted
and received approval of a coastline element, there should be an immediate
cessation on all coastline development in that city or county until such
time as a plan or element has been approved.
The "Coastal Zone" must be defined by the local agency, using logical
topographical features. The zone should be subject to review by the
appropriate council of governments or multi-governmental entity and
acce@)ted by "hat State body having responsibility for reviewing local
plans.
The opportunity for local government to preserve access to beaches,
provide for beach and recreational uses, and develop and implement precise
shoreline Dlans and appropr'late zoninE should be strengthened by appropriate
State legislation which would:
a) Permit local agencies to require-the dedication of land for
public use.
b) Provide authority to use eminent domain proceedines to acquire
shoreline open space.
c) Incorporate a proi)erty tax incentive law to preserve the coast-

line.
d) Incorroration of prescription rights to insure public access.
e) The authority tn allow local governmental agencies to buy develop-
ment rights.

[email protected] or Federal funds and technical assistance should be made avail-

able to local agencies to permit them to prepare the coastal element of
their general plan.

The principles which I have just set forth are taken in content with

two convictions:
1) There is a great public interest in resources of the
nation and how they are used, and
2) The public wishes to play a role in the decisions regarding
this usage.
1 would like to relate two incidents of local concern. The first

has to do with Fickle Hill Road. When I first came into office, I was
constantly approached and asked that money be appropriated to widen the
Fickle Hill Road, to take out the curves on that road, and to improve it,
Money was placed in the budget for that purpose. Sensing some change in
the public sentiment we held a public meeting. Notices were sent out
to everyone residing on Fickle Hill Road from the edge of the city limits
to Kneeland. I think at least one representative from each hou-sehold was
present. The plans that we had for this road were presented to these
people.Their initial reaction was, you have decided to make Fickle Hill
Road a major access to Butler Valley Dam and Blue lake and you are merely
coming here to inform us of your decision. We said, no that is not our
purpo--e; we are here to ask you what you wish us to do with your road.
We presented five alternatives to the citizens of that area -- they
J
did not like any of the five alternatives. They presented us with a
sixth alternative. The sixth alternative was take the money you have
alotted to widen the road and start at the city limits, take out the
stumps that encroach upon the roadway, cut off the low hanging limbs,
cut back the bruTh, fill the chuckholes, put a lit'Cle pavement over top
of it and then go away air.1 leave us alone.
This was presented along with our alternatives for a vote. Our
alternatives got a total of four votes. Their alternative got 92 votes.
Three weeks later, the Board of Supervisors unanimously directed the
Department of Public Works to follow the wishes of -'-he people of Fickle
Hill, spend the money as far as it will go in widening the shoulders and

so forth.

The second example has to do with Berta Road which goes across Elk
River. Berta Road has a covered bridge on it. Since I have come into office
I always knov. when it rains for more than an hour and a half someone from
Berta Road is going to call me. They are going to say There is water

over the road, Supervisor, what are yau going to do about it?" So we put
some money in the budget to build a new road across, from Elk River Road
up.the hill. We held a public meeting and presented them with the altern-
atives that we had for constructing a new road from Elk River Road to
the existing site of Berta Road. All of these alternatives called for
removing the existing covered bridge. We were going to take the covered
bridge down, haul it at some expense to the County park at Freshwater,
reconstruct it and leave it as our bridge across Freshwater Creek inside
the park.
The people of Berta Road have a proprietary interest in the bridge
across Elk River and they did not wish us to remove it. The alternative
theyIchose was to leave the existing Berta Road in pretty much the condition
it is in now, but to build them a new road that would co ect Berta Hill
nn

Road to Humboldt Hill Road and not really disturb their existing road or
bridge. My four colleagues are n@jt as eager to go along with this because
the alternative that the Berta Road residents chose was the most expensive.
I have related these two incidents to you to demonstrate two thing s:
1) the -oublic is vitally interested in what happens to the natural resources
around them, what happens to the environment around them. They are
vitally concerned with what takes place in their own neighborhoor.1.
2) the public is not only interested, but it has a point of view that
it wants to be heard, it wants to be listened to and it wants governmental
agencies to be responsive to its requests.
Much discussion will take place as to why the other Supervisors and
I place so much emphasis on local government. There is a very simple
reason. It is my belief that local government is the level of government
which will be responsive to the wishes of the people and this is part of
government's responsibility. I am firmly convinced that emphasis must
be placed on local and state elected officials because I believe these
people are more respons-.ve to the wishes of the people, but more important,
they are the ones who can be held directly responsible for their actions.

DISCUSSION

question 1: There are a lot of people who are participating who have never
had a chance before. You can do it in some of the ways like the
hearings and so forth. How do you propose, in your idea of
the representative regional board, to reflect public interest?
Answer: I agree that you have some very real problems when you establish an
agen@;y which is once or twice removed from the electorate. If we establish
commissions whose purpoFe is to set up rules and policies to govern us, and
in the same legislation, take steps to remove them from the electorate, then
I think this is a very dangerous trend and I am very concerned about that.
You may wish to have certain officials removed from the electorate for at
least a certain period of time. Superior court judges are elected for six
year terms; this supposedly removes them from the score of electoral politics
for a reasonable period of time. A regional association, and I prefer to
call it an association rather than a gov-ernment, must abide by all of the
same rules that local gove-nments have, and those agencies that are estab-
lished must be responsive to the voters. These regional bodies should be
composed of elected officialsl elected officials are responsive, they do have
a constituency, they do have an electorate to whom they must answer.

Question 2: It would be nice if we could just stay with the city or county
but,they don't have mutual jurisdiction. For example, the Board
of Supervisors has no way to be responsive to a problem within
the jurisdiction of a city. The people of one city who have a
problem have no way of getting their n*eighboring city to be
responsive. So many of the actions of these individual govern-
inents, either city or county, affect all the people in the whole
area. One of the things that I am very interested in is that I
do not see how the cities here in the County, or the Board of
Supervisors for that matter, could have arpointed two representative,-,
who are not responsive to the will of the Board. It is hard foi-
me to see the cities appointing two members who would not be
responsive to the express policy of' the city. I question that
members will be selected who are not responsive.

.52a

Answer: The body who appoints an individual cannot then hold him. In the
final analysis, the individual selected serves as a free intelligent agent.
He would act as he sees best in the light of the things that are presented

to him.

Question 3: You seem to be advocating local control within governmen,al
guidelines. An example of where local control is not desirable
is Disney Enterprises' project in Sequoia National Park: Dir@ney
wants to put super highways through the National Park where the
super highways do not belong, and to develop a valley that
should belong to the National Park. The local Chamber of Commerce

can see -ts and the
the great glitter of dollars from touri.,,
J enlargement of the tax base. Now, should we listen to the local
government and Chamber of Commerce and put a highway through
there and detract from the value of our 111ational Park, take in
a valley that should never have been considered for any -,rivate
enterprise whatsoever? Or do we take the State as a whole and
the Federal government as a whole and keep the integrity of
our NationalPark as it should be? Here we have local governmont
against National interests.
Answer: I am sure the incident you relate is quite real and I am sure there
is National interest. I would caution one thing, however. :Let us not say
to any elected body that because they do not act in the way in which we
think they should act.that their power should be taken away. You have to
assume that whenever or wherever there is a responsible level of government
established that the responsibility of that government, that governmental
entity, should be respected unless there is some kind of a violation of the
respect and trust placed in them. I think there are legitimate National
interests in the coastline. There are going to be some SLaTe guidelines
that are going to have to be established. Within those guidelines, the local
governmental entity should be given its opportunity to act. Every local
governmental entity in this co-unty is undergoing a vast change of attitude
and a vast change it its conce-.2" of this responsibility. It is a matter of
history that one of the prime reasons why a substantial amount of power has
gravitated away from local governmental entities is because they simply have
not exercised it. If there is a problem to be solved, and if the public

5?b

require that there is action to be taken on a particular problem area, some
governmental agency is going to respond to that need. If the local govern-
does not respond, somebody else, somewh
mental agency ere, at some other level
is going to respond. There are examples of a legitimate need where local
government did not respond so either the State or Federal gov ernment did.
There is a legitimate national interest in certain things, there is a
legitimate state-wide interest in certain things. In many of these matters
local governmental entities will have to respond within broad State guidelines.

Question 4: In other words, overridden?
Answer: They might have to. The local governmental entities should see
their responsibility and respond to it themselves.

Question 5: Sometimes they don't?
Answer: Sometimes they dontt, in 'act, I think it's more than sometimes.
But becausn that has been the case in the past that is not reason for us
to assume that has to be the case in the future. We are not alone in these
things, we recognize what our local responsibilities are, we firmly believe
that the electorate has a right to have a government that is responsive,
and I think the local government entity can be responsive.

Question 6: Your statements and your presentation were mostly on the need
for responsive local government, the responsiveness of Boards
of Supervisors has changed - not all to the good. It will be
an ideal-situation if we could have close rapport between the
citizens and the Board of Supervisors. -Special interest still
outweigh the general public's interests.

Answer: Whose fault is that?

Question ?: The County's fault and the electorate.
Answer: All rigPt, emphasize that.

Question 8: Special interest can focus attention and support behind
certain officials and-, get the public to back th,am. The publ4c
has involved itself more in issues, but still there is much
evidence of a lack of responsiveness by public officials

.52c

-- --- ---- ------

and that is. why we turn to the State for help.
Answer: There has been, in large, a major lack of response on the part of
the local officials. This is just as much the problem of the electorate
and the citizenry as it is the people who are in office. The citizen who
has a genuine interest and concern han a responsibility to make himself
heard and felt and acted upon in tl-.e local area just as much as he dces
on the state level or the national level. The National government has been
unresponsive in certain instances. The government of the State of California
has not always been responsive. You want some action by responsive officials,
at whatever level, to car-ly out some things that need to be done. Let's
not throw out the possibility of local control of these areas of responsibility;
let's not say it can't ever happen because it can; but it will require the
efforts of a good many people.

52d

COAST ACCESS

Harvey Sawyers, Chairman
Board of Supervisors
Mendocino County, California,

Thank you very much Mr. Thompsen and you, Gary, and the college for
putting on this seminar and trying to get several of our counties together
and local representatives to discuss mutual problems.
It may be a little bit late but we are getting organized in our
planning situations, especially with regional governments. It 3eems
that the Federal and State governments are demanding that we get organ-
ized into regions, otherwise we will not receive some of the funds they
stick out in front of us like a carrot. It seems as though our north
west counties cannot operate the way we like unless we do nibble on this
carrot, and sometimes we nibble a bit too far and then they take the
carrot away from us and we're on cur own. We really do have to be care-
ful what actions we take when we do get organized into regional organ-
izations and also when we act independently.
I certainly agree with the two previous speakers this morning on
their philosophy of regional government. The Federal and the 5tate
gover=ents should cooperate with us in making laws and regulations that
we will have to abide by-, Both of the previous speakers have spoken
toward formation of regional governments and what they can do for us and how
we can cooperate with them. I'm going to give you a resume of our par-

ticular actions so far undersomeof the dictates of the state.

We on the Mendocino County Board of Supervisors have got our feet wet
already. We have taken actions that any government entity would do, that
some people will agree with and Lome won't. We got our feet wet in one
phase of this planning on coast access and what should be done. One of
these is the change in subdivisions and I may speak a little on other
industrias along the coast. We are very interested in PG&E establishing
'a nuclear power plant down the coast by Point Arena. We know that we
will have, and have had, opposition on the subdivision, and we know we
will get other opposition on the atomic plant. But I'm going to talk

about zoning and particularly the subdivision requirements on the coast.
Yesterday your seminar was directed to Coastal Zone Planning in which
you heard various County Planners project their County's plannings and

p
roposals toward coastal planning. Today, I would Like to convey to
ou-some ideas regarding Coastal Zone Management.
y
Mendocino County, like other coastal communities, has been rronted
with legislation regarding Coastal Zone Management which we fe
mits varying degrees of interpretation. For a period of many ,,@ars
visitors to the Mendocino County coast were not hampered in their efforts
to cross private lands to go fishing, swimming or digging for abalone.
Today, however, this has changed and some conservation organizations,
effective lobbying have brought about legislation which attempts to man-
date beach access.
MendDcino County's first experience in this field resulted from
approval of the subdivision map of Casper Headlands Estates which are being
developed by the Plumus Investment Corporation by a Mr. Ross iawlen.
Immediately following this action the Sierra Club brought suit against
Mendocino County. Although the action of the County was upheld by a.
court decision, the action is still pending. I would like to read to you
the status of this case, but before I do that I will read part of the
Dunlap Bill. -
The Dunlap Bill is by Senator Dunlap and became law November 23, 1970-
It requires the County to require " as a condition of tentative and final
subdivision's maps approval, the dedication by fee or easement of reason-
able public access". The following two major points must be kept in mind:
"Absolutely no tentative or final subdivision map may be approved unless
some access is guaranteed. No county shall approve either the tentative
or final map of any subdivision fronting upon the coastline or shoreline
which subdivision does not provide or have available reasonable public
access by fee or easement from the public highways to land below to the
ordinary high water mark on any ocean coastline or bay, shoreline within
or at a reasonable distance from the subdivision". This was the opinion
of our District Attorney. There are a lot of subsections to these but
I am just going to read six of the major reql:'@rements, then perhaps during
the q-jestion and answer period we.-. -can bring out some of these subsections.

.54

"Nothing in this section shall require a county to disapprove either a
h@
tentative or final subdivision map solely on the basis that the reasonable
public access otherwise required by this section is not provided through or
across the subdivision itself if reasonable public access is otherwise.
available withir@ reasonable distance from the subdivision*.11

"If the subdivider has not provided an access through his subdivision
determine whether access is available within a reasonable distance from

the subdivision."

"If he has not provided an access nor is access available within a reasonable
distance determine reasonable public access through the subdivision."
"After determining reasonable public access, do not approve the map without
conditioning approval thereof upon the expressed dedication of such nccecc
route by fee or easement to the designated governmental entity."
And number 6, 11 If the map is approved direct the planning department :::taff
to inform the particular governmental agency designated of the need to
commence making a decision whether to accept the route designated."
Now that is the Dunlap Bill, part; of it, which we have considered. I
would like to read at this time the status quo of the decision that our
Board of Supervisors took on the Casper Headlands. I asked our District
Attorney for the history of this since we approved the map on July 7, 1970.
This subdivision is the extension of a previous subdivision that Mr. Ross
Lawlen had developed and this is an extension of eight new lots. Our
District Attorney stated:
In response to your request for an outline of the history of
the Sierra Club vs Ross lawlen involving ocean access to the Casper
Headlands Estate subdivision, please be advised as follows. The
Planning Commission of Mendccino County approved the tentative sub-
division map of Casper Headlands Estate.
In March, 1970, the California Supreme Court decided Deitz
vs King holding that private land became implied dedication to
the public upon five years uninterrupted public use. On the
basis of this decision, the Attorney General sent copies of a
letter to each coa,9tal County District Attorney and County Council
advising local officials to deny approval of the subdivisions in
coast line areas in the absence of investigation by such local agencies
which reveal that the elements of implied dedication are not present.
4)n July 7, 1970, the Board of Supervisors, by a 3 to 2 vote,
approved the final map of the Casper Headlands Estate without
requiring an investigation. The Sierra Club immediately thereafter
filed a complaint entitled "Sierra Club vs County Clerk and County
Board of Supervisors in the County of Mendocino" in the
Superior Court. This complaint was for a permanent injunction

temporarily restraining order and for declaratory relief. Essent-
ially, the complaint charged that the Board of Supervisors acted
unlawfully in approving the final subdivision map of Casper head-
lands Estate: a) Without holding public hearing to determine
whether the construction of the subdivision would not exclude the
public from access routes to navigatable waters estab2ished by
implied dedication, and b) Witho-it requiring that adequate public
access to navigatable waters and the shoreline be preserved
without regard to implied dedication of such routes under
Article 15 Section 2 of the California Constitution. The injunction
sought also to prevent the County Clerk from recording the final
subdivision map.
The Attorney General's office, on behalf of the people of
California, shortly thereafter intervened on behalf of the plaintiff
the Sierra Club. After the hearing, the Superior Court of the
State of California on December 18, 1970, entered an.order and a
decision in favor of the Boa-rd of Supervisors and the Clerk and
against the Sierra Club. The Court held that the Board of
Supervisors could have required the subdivider to dedicate a,@cess
routes to the shoreline, but it is not compelled to do so. The
Court held that it is not the obligation of the Board of Super-
visors to hold a hearing and make findings and orders with respect
toallegedly indicated public access routes, but rather any membc..'r
of the public on his own could come into court to establish this
implied dedicated access route under the doctrine of Deitz vs
King.
The Sierra Club threatened to appeal the order of the Superior
Court, and therefore, the Court has extended by order of stir-
ulation of all rarties including the developer of the Casper
Headlands Estat@ a time for fighting an appeal in order to see
if the case can be settled. it now appears that the case will
be settled in the following proposed terms:
TMre are five terms, and it could be any one of the five, or all.of
them, it is at a standstill at the present time. These are the terms
that may be decided on in this case.
-That the Plumus Investment Corroration, the developer of
Casper Headlands Estates, convey to the State of California in
fees simple, the Casj@@-_., Beach area of approximately three acres.
That the State Park Commission of the State of California
classify said Casper Beach area as a State beach, which shall be
open to use by the general public subject to the rules and
rc-,ulations of the Dept. of Parks and Recreation.
That the Plumus Investment Corporation convey to the State
of California in fees simple, parcels A, B, C and D of tract number
13.5 as shown an the final subdivision map w,,ich are parcels of the
land adjacent to the bluff, and also four pathways to access routes
of ten feet in width extending from said parcels A, B, C and D to
the headland drive.
That the State Park Commission of the State of California
shall classify parcels A, B, C and D, and said pathways as a scenic
or scientific reserve which shall be open during all daylight hours

to all owners of the subdivision property and to be used by the
general. public subject to rules established by the Department
of Park,,, and Recreation which shall require all persons to
regirter their names and addresses in an office of the Depart-
ment of Parks and Recreation in advance.
That the Department of Parks and Recreation shall use
its bent efforts to have the tide and submerged lands, adjacent
to the Carper Headland Estates subdivision to a dept:i of ten
fathorv, .esignated as a ma-ine.life refuge by the Fish and
Game -_;ommission.

With this last stipulation in here "and designated as a marine life
ffie State put this stipulation
refuge by the Fish and Game Commission" I

in because environmentalists were concerned abiut the wonde-.@-ful abalone

areas around there. The reason the Board had approved this without
putting some of these stipulations in is that we felt that under the
Dunlap Bill there was reasonable access. The three acres that the Plumus
Investment Company was willing to give along the beach was sufficient for
access to this beach. The subdivider was willing to give parcels A, B, C
and D for the 1,eople to have access, but they also wanted the ten foot
wide pathway down the cliff. However, we did feel that the three acres
of Casper Beach would be sufficient. It is in the hands of the Courts right
now and we hope it will be settled as soon as possible.
Recently the Board of Supervisors approved two subdivisions without
the requirements for beach acce-,s. In each instance the Enviromimental
Quality Coalition has instituted action against the subdividers. We are
having difficulty trying to.develop things, they want to keep a status
quo, yet we have to take under consideration the owner's side of it.
One owner withdrew his whole map, and said he wasn't going to develop it.
He sold the whole parcel of property that he was going to subdivide and
the buyer is going to build a home on it. Mr. Sheets is the one who did
not pull out of it, he owns a piece of property along the coast called Havens
Neck, between Point Arena and Gualala. This particular subdivision involves
15 or 20 lots. The point sticks out and there are only two little beaches
down there. They are only about the size of this room and yet the public
has been using them for years and years. Under the Dunlap Bill, these
people have been using this for more than five y ears so they have a ded-
icated right of way through there by right of use. Mr. Sheets realizes
that the Dunlap Bill says he has to y-rovide-an access, but he opposed it

.57

and we went along with Mr, Sheets due to the fact that it would be quite
a job to get trails down there. Even if you did get trails down there
the public utilities wouldn't be there, toilets and trash cans. We
understand there are some very rare plants down there that exist in only
two or three places in the world and Mr. Sheets is afraid that. people
will destroy them. It would be a mess, and,it would be up to Mr. Sheets
to clean it up unless the County took it over. But if we start that, then
we would be cleaning up beaches all along the coastline. A lot of these
beaches are being developed for not only the people in Mendocino County
but people throughout the State and the Nation will be using them. If
the State would corre in and' do this, or the Federal Govprnment, we
wouldn't object. We feel it is too big of a job for Mendocino County
to take care of these beaches -nd provide facilities for the entire public.
We believe in development. We have another subdivision in Westport
that brought in their final map recently. The owner wanted the public
to go onto his beach. He deeded to the County a right of way down to
the beach and another one, a complete access to get in and out. We felt
this was good and we accepted the deed. Perilaps he plans to take care
of the facilities on the beach and make some money on them. We voted
against other subdivisions because we did not think there was a reasonable
public access, whereas, this one, by dedicating three acres of this
beautiful beach, was sufficient for this subdivider who only has eight

lots.

While unanimity does not exist, the majority of the opinion has been
that consideration must be extended to the land oi..,ner involved. A lot
of people do not do this, the land owner certainly should be considered
on these things. if you are going to take some of this property away
from him, he should be paid for it. The State and Federal Government is
going in and demanding that some of these accesses b!@ given for the public,
as well as a logical decision whether to require beach access if "here is
L7 nothin& at the access that the public can use. Each decision has b3en
rendered based on the individual circumstances surrounding each sub-
division o' coastal lands. It is the consensus of opinion that beach
access that ends at a vertical bluff of considerable height to the
shoals or rocks that are never free from tides should require ded-
ication of access. We have miles of beaches in Mendocino County, 1 know

yo-.@ do here in Humboldt County and I would hesitate giving access to some
of those. Some.of them have trails down there now that people have been
using for years, but I would hate to be responsible for building better
trails down there and be responsbile for hundreds of people going down

those bluffs.

The Mendocino C,@unty Board oi Superviso@-s, although involved to
some degree, at the present time are still at the apprentice level.
Like I say, we have got our feet wet but we hope the State and Federal
government will come In and help us. If we get with Humboldt County
and Del Norte County and lake County we can all get together and work
out some kind of mutual planning and management program. Pending legis-
lation and further actions by interested groups are sure to.convert these
apprentices to journeymen in the very near future.
Now we understand that *ander the 701 bill a group of Counties can
apply for grants for planning for beach ac,,ess. We plan to ask for tl-2!se
funds so we can make some good planning programs for these accesses and
we hope we can get together with our neighbor Counties and get this program

going.
A lot of people think that we can regulate people by zoning. But
it is coming to a time when I don't know if zoning is going to be effect-
ive or no" in a lot of decisions that are to be made. I might read an
article here that may startle some of you, and it may not be far I-rom
wrong. This article was in the Napa Register and may be of interest to
you as we are all interested in beach access and zoning.
"'The civil rights battle of this decade and the next will not
be about school rooms but over land use and zoning.' So predicts
National Property Outlook, a newsletter for bankers, builders and
everybody else involved in real estate business. As with civil
rights the battle ground will be the United States Supreme Court
which has calendered a zoning decision for this spring. The last
time the Nation's highest Court spoke out on zoning 1-as in 1926,
it said it was legal in the public interest. This time it is
expected to say it is not legal, not when it is used merely to
keep people out.
The specific case in point concerns Concord Township in
Pennsylvania, Delaware County near Philadelphia. The rural town-
ship had a population of only 3sOOO in 1960. This has nearly
doubled in the decade. When a builder-developer asked permission
to build houses on a one-acre site on land zoned for 'Iwo and three
acre minimum sites, the township's officials denied the request
focussed on three principal reasons. Smaller lots would create
a sewage dis-csal problem. Smaller lots would mean more people,

overloading existing road.--. and school services. The residents
of the townrhip wished to reserve the natural authentic beauty
and'open character of the countryside. The lower court approved
but the Pennsylvania Supreme Court said nonsense, ruling that
Concord Township could not use restrictive zoning merely to
avoid the problems of urban growth.
In a related decision involving Providence Township, in the
same county, the Court ruled that officials could not use zoning
s to deny permits to apartment builders merely because
power
they did not want the problem caused by high density living.
Many of the Nation's 18,000 zoning boards have created
ordinances that say in effect only the rich are welcome. They
are heading on a collision course with reality. The United
States Supreme Court will say that the large public interest
overrides the narrower interest of the s ecific area, in
P
other words, that zoning cannot be used to keep out undesirable
people."
It further predicts that this will be re--isted more strenously by
northern comr-unities than the 1954 ruling on school desegregation was

re@sisted in the south.

So you can see that we have a lot before us. We have planning to do
and we need everybody's help. I am sure there is going to be quite a
lot of controversy here in the near future pertaining to beach accesses
and zoning and what you can do.
I am sure that all the counties can get together and the people
involved should beable to come out with some kind of plan that we can

live with in the future.

DISCUSSION

Question 1: During your speech you said that you could see no reason for
acquiring a beach area where there is nothing to use. 1 would
like you to define the term "nothing to use".
*Answer: By that I meant little, small beaches down below a big bluff or
something like that. I don't know what in the world would be the reason
for people to go down there. The tide probably covers the beach most of

the time and we iust don't feel it is feasible to obtain access down there

to develop them.

Question 2: Does the securing of a dedicated beach area by the government
necessarily require that trails and public facilities be
developed2
Answer: No, not necessarily. Under this Dunlap bill, when these maps are
approved by the County, they are supposed to designate access routes to
the bluff areas, and then they have a one-year perio3 to accept there areas.
So, if there is not a reasonable access route to one of these beaches, we

will not even submit it.

Question 3: If the public has a trail already in use, why not leave the
trail as it is and dedicate that trail for public use? Public
facilities are not needed in that area since they have limited
use and have not been needed by the public before?
Answer: If plenty of trails have been there, undar this Dunlap bill or
under this right of use, it seems as if it is almost going to be th ere
unless the subdivider or the persons who develop this area can prove that
these people are trespassing. People have been trespassing for years and
years without the consent from the people who ow-ii the property on the coast-
line, and now, when these people want to develop the property, there is an
uprising because people can't get down to those places. The public probably
has a right; they like to get down there - I like to get to the beach too,
but at the same time I don't want anybody trespassing on.my property without
my permission. There are laws being instigated,now that the people will
have to pay for these rights. But under the Dunlap Bill they can just go
in and take the property away from them.

61a

Question 4: Another thought is that people may have been using an access
for years and the developer must have been aware of this but
he only objected when it actually came to placing a housing
project there. Does public access.devalue the land in any
way?
Answer: Well sometirni@sl yes.

Question r-: Does Mendocino County pay the subdivider for the public streets
that they (subdividers) build and the accessways?
Answer: No, we don't have enough money.

Question 6: We seem to be on a long narrow raod, the coast zone is only a
half-mile wide and we have two ver@ strong interests coming
into a collisioia course - private interest and public interest
and the plan, from what I have heard from the supervisors seems
to be that 'Che private interests have a greater right, at present,
to the utilization*of that land. In other words, we are talking
about public utilities, we are talking about subdivisions or
private ownership. What are,the alternatives to "hose interests?
The public interest can't be ignored, people are going to
demand to use the coast, there's only so much coastline, private
interests can be re-focused into other areas. Is a-,.ything
appropriated in the county to this seeking out of alternative
solutions to V,@a siting of developments?
Answer: Well of course we have all three (supervisors) stated that this is
just a new concept that is appearing but, if the public wants to use the
coastline up and down the coast, let them buy the coastline. Let the State
of California buy it and open it to the public. If you are a member of an
organization, get them to buy 100 miles of the coastline so the public can

use it.

61b

NON-AGENDA STATEMENT

Ray Peart
Supervisor - District Four
Humboldt County

There are two others supervisors here, and I'm one from Humboldt
and it ,-,eems to me that one of the problems we should discuss is to
recognize some of these people who do want recreation along our coastline.
I know we are running into problems even making comments or@ Environmental
Impact Statements and so forth. Humboldt County, like a great many others,
doesi@lt have much money: we don't even have a biologist on the County
payroll. So, when we get thesr? complicated Environmental Impact Statements
and we are asked to comment, frankly, we don't have the capability to do a
really good job. I really don't think that we can define and develop what
would be the optimum population along the edge; what is the maximum pollution
we can dump in the ocean. If we had a lot of money I suppose we could go
out and hire scientists who could work for the County, but I don't think
they would be interested in chopping off at the County line. Because this
is going to be a wholistic approach, a legal system approach, all this is
interrelated and they would want to do it that way. It seems to me the
only way to come up with really sound planning for the coastline, including
land capacities and the variv.@--,ts of this subject that people are beginning
to demand, is to go with the state-wide commission plan. We couldn't hire
15 ecologists for each time one of these problems comes up.

DISCUSSION

.t Question 1: You're saying t'..at we don't have the expertise in local govern-
ment to plan properly or to study the coastline in the sense
that it needs to be studied in order to be planned properly.
Do you feel that this should be a. State responsibility? What
do you feel about once this plan is developed, let us say by
State expertise and money? What is your feeling about
implementing the plan or controlling the plan? Do you feel
that this should also be by the State or should it be by
regional boards?
Answer: After two years the Commission would come up with some recommendations
as to how to proceed in the future; whether it will be all State control or
all local, and I suspect it will be a combination. I think we are all aware
A of the State Water Quality Control Baard. They have had some proble ms.
Sometimes they are a little rough but they are doing the job. Without them
we probably wouldn't have cleaned up some of the sewage problems. They
have the power to enforce a $6,000 a day fine. I don't know if the local
government has the guts to do that. After three years I don't know who
should regulate it or whethc,:- the State will have local offices with local
people here, or if they will turn it back with very severe guidelines and
criteria that the County must follow. Things are evolving very rapidly.
We are discussing the battle over land use. Just like civil [email protected], I
think there is a lot of racism in land use. All these things are coming out,
I don't know what will ha]@per in three years.

Question 2: Since this is a seminar on Proposed Coastal Zone Management
it seems to me we should look at Assembly Bill 1471 by Sieroti.
In any case, it shows that the State would not control the
Counties, but assign the authority to the regional commission
which consists of officials from the Counties.
Answer: I would like to go a bit beyond that. The six public officials
on the regional commission would be local people and they are subject to
confirmation by the Senate and State Assembly. So we have a chance to

63a

challenge those people's backgrounds with our legislators before they are
confirmed. Local appointers would try to round out the members of the
regional commission. Then members from the regional commission would choose
one-of the members to be on the State commission. On our bills last year it
was always the same old story, they outvoted us every time - you have
five Counties up here equal to one down there. This one har-, three Counties
up here (Del Norte, Mendocino and Humboldt) with just as much weight on the
State level as does any of the southern Counties. I think this is a very
important issue on this Bill, we are not going to be outvoted every time,
we are going to have equal status.

63b

INDUSTRY AND THE COASTAL ZONE
George Gentry
Executive Secretary
North Coast Timber Association

There is all kinds of industry here on the north coast. We have the
fishing industry, the agricultural industry, (meaning Cattleman's Associations,
Wool Growers) timber industry, recreation industry, I certainly can't speak
for all of them; but I can speak for the timber growing industry. This is
my profession and the one that I want to represent here this afternoon.
Before I get started@ I think I should make it quite clear that my
industry feels that it will do, to the best of its ability, what the
majority of the people involved want them to do. That is a truthful

statement and as truthful as I can make it. But we want to make sure that

the majority of the people want us to do this.
Let's look into coastal zoning which we are here to discuss. We are
concerned about zoning, all kinds of zoning. In the Sierras we are
involved in zoning because the assessors Iyave pretty well taxed us out
of the timber growing business. As most of you know, the demands for land
in the Sierras has risen so high for recreation purposes, and comparable
sales have grown so high, you cannot afford to grow timber on property
as it is now assessed by various county assessors. So the timber industry
in the Sierras is now going into zoning.
They are having themselves zoned into.Forestry A, or FA or whatever,
whereby they sign a contract with the various county governme',,:ts saying
that this land is going to be used for the growing of timber, and that's

pu
it. This means that they cannot use th:@ property for any othei rpose
without paying a fantastic penalty. We have not done this on the north
coast yet, and hopefully we won't have to for some time. Our position is
simply this, the land that we have on the north coast - the great majority
of the land and soil - has its best use growing timber, timber that is
sorely needed in the United States and the whole world. As a forester,
I am dedi..cated to growing timber. Gifford Pinchot, who was the first
American born forester said that as foresters our duty is to see that the

people of this great Nation have the fiber that they need to house and
clothe themselves in the manner to which they should be accustomed. This
has not been done yet, observe the ghettos, Watts, even the Nation's
capitol - Washington D. C.
When you talk about zoning, we as a timber growing industry want to
know what you are zoning, where the zone is going to be, where the
boundaries are going to be, what you are going to zone, who is going to
regulate the zoning. For instance, I am told, that among the several
coastal 7oning laws that we have before us'today a coastal zone can reach
as far as 5 miles inland. Are we going to be allowed to grow a crop of
timber in this zone? And after 25,35,40, 45 years of investment, are we
going to be allowed to harvest our crop of timber? We are no different
than any other agricultural based industry. There are corn growers, wh@at
growers, tomato growers, cauliflower growers, we are all the same we
all grow a crop. The only difference is that most of agriculture has
perhaps one year's investment in the crop when they harvest. It i-3
harvested in several methods. We have several years investment in our
crop and when we harvest it, particularly here on the north coast, our
harvesting methods to the untrained eye aren't very pleasant , and I'll
admit that. When you have to remove timber from slopes in excess of
30 percent, and you cut trees tPereby leaving residual trees that don't
look very pretty at the time and generally tear up the soil, I will admit
that esthetically it doesn't look very good. Perhaps some of --,7, may go
by a field of potatoes that has been recently har-ested and say that that
doesn't look very good. But, nevertheless, we dun't have to face what is
apparently devistation on the slopes. We have to harvest this crop of
timber and we have to grow another crop. We would like to be assured that

with this investment we will be allowed to harvest it.

If you are going to zone property and this is what the majority of
the people involved want, we would like to know exactly what you are
zoning and exactly what we will beable to do when our crop is ready for
harvest. We cannot afford to pay management costs and taxes on a crop for
several years and not beable to get our profit at the end of the rotation
period. I would like to point out one other feeling that I have, and
that is if you zone something, or take something away from a private

party, your argument may be that he will be compensated for the take.
This generally may or may not be true depending on the view you take.
'But the man that owns the property will be paid fair market value for the
property, this is argumentative at the time, but this is the argument
and I will- submit to that fact. But when you take successive amounts
of property aw-iy from an industry and pay them for it, they take the money
and.invest in perhaPs better investments than timber growing. But please
tell me what happens to the man who lives on the north coast because he
likes to live here, works in the woods as a logger because that is what-
he likes, and has invested in a home, car and property because he has been
assured by us foresters that there will be a crop of timber for him to
harvest forever. What happens when that is taken away? Ilow is that man

com
pensated for the fact that he no longer has a job or it appears as
thovgh his job has been limited because his people have been 7oned out of
the timber growing business?
The California coast has been zoned over the years accidentally.
We have zone SI in southern California, which because of its nice climate,-
attractive beaches, it attracts the people that like to ride Eurfboards
and swim in the ocean. Travelling up the coast we have in Mendocino
County I suppose ME zone, Ndil or M12 - that's multiple hippie. @.`hen we
get here on the north coast and we have a zcne that I suppose by nature has
been zoned FC - foggy and cold, and frankly that's the way I like it. So
we already have zoning to a certain extent.
I have just come back from Sacramento and making a quick study of
the town of Sacramento - you have to work 24 hours a day at this incid-
entally - we have Sacramento zoned this way: downtown'Sacramento where
you have the Capitol, we have zone MP - multiple politician. You have the
new capitol mall, which I am told now by talking to the merchants along
the mall, is zoned SB - slow bankruptcy. And you have the outskirts of
Sacramento where we find the very fine restaurant Coral Reef, that is
zoned SS - suburban sprawl.
Those are my viewpoints, I am lead to believe that I will be available
to answer any ouestions you mayh ave.

COASTAL ZONE MANAGEMENT THE AGE OF ENVIRONMENT

Michael Johnston
Publisher

Humboldt Times Standard

Ladies and gentlemen, we have upon us the age of environment.
This word has taken the place of motherhood, pets,babies and yes,
even sex in the political language of today.' I think it is important
to keel. in mind that we are talking about the environment of-people.
According to the dictionary the word environment means "the complex
of social and cultural conditions affecting the nature of the indiv-
idual or the community."
First let me say that I am a conservationist, at least by my
definition of the word. I am not, by any rare stretch of the imag-
ination, a preservationist if that means locking up all natural resources
for ever. I believe that a balanced approach to natlire can serve both
the needs of nature and man. I believe that man should attempt to re-
plenish what he takes from natura. I most assuredly do not want the
north coast to become another Los Angeles. That would be ecological,
social, and economic disaster. We ar@,-,different than Los Angeles in
almost every respect. We want to maintain that difference.
We have gathered today to discuss Coastal Zone Manag ement in
California. Perhaps you believe the debate is between those who
lelieve in this type of management and those that do not. This is not
true. We all recognize the coastal zone as a uniq'ie resource whose dev-
elopment, or lack of it, should be monitored and regulated, the essential
question 4s at what point the monitoring will occur and whose interests
will be served. There are those who believe that regulations should occur
at a high level at least by the State and perhaps by the Federal Government.
That self same group as a rule also believe that the Coastal.Zone should
be preserv,:1 in a relatively undeveloped condition with the prime emphasis
being on the recreation of California's 20 million people. It is at this
point that I, and I believe the vast majority of California's residents,

part company with the Coastal All
iance and similar conservation organ-
izations. You will note that most-of the conservation legislation now
in that wondrous cure-all called State Government has been proposed by
representatives of metropolitan areas who should be trying to solve their
o,..,n rroblemss, which I understand are q@iite bad, but instead the- are
rying to solve ours. I would think that our good Senator Collier is
Lgood enough politician that if he felt enough people in his district
Wnnted or needed this legislation lie would propose it.
Wild river legislation, for example, goes way beyond its original
Concept and provides for the locking up of literally hundreds of millionL`
o.17 board feet of timber in Federal reserves, removing that timber from
both production and the tax base. I believe in wild rivers, I believe
in their being left open for fishing and other recreation and when the
wild river snonsors devise a plan to preserve wild rivers withoit grabbing
off hundreds of acres of timber land, and with some provision for flood
control along the Eel, I will support them strongly.
We b@?Iieve that the pending resolutions for Coastal Zone Management
would adver@3ely affect the interests of the north coast. We believe that
we are best able to manage our own affairs. The California Coastal Zone
Conservation Act which encompasses several bills, by several different
legislators, all from either urban or inland areas, would as you know
set aside a coastal zone in which the State would tak-e a particular
interest. That strip would vary in width but generally would run inland
to the high point of the coastal range. Within that strip a 1,000 yard
substrip would be designate-d. The bills provide for designation of
six regional coastal commissions and one State commission. Humboldt,
Del Norte and Mendocino Counties would comprise on-e region. I think it
is important to note that areas of the biggest political clout seem to
be adequately rep-esented. As an example, San Diego is a region unto
itself. Los Angeles and Orange County, whose interests are about the
same, comprise an area and so on. I would q,.iestion the possibility of
any progress in our area as long as final say rests in 'he hands of a
group whose make-up puts us in a minority position. After all, a
millionaire professional man from the big city does not want someone
messing around with his fishing or his recreation or his clean air, even

if it means economic salvation for that area. A plan would be drawn

for the management of the coastal zone and within the 1,000 yard strip
development would be halted rending adoption of the plan unless the
regional-commission issues a permit which would be subject to appeal "a

the State commission.

Let us move to specifics as they relate to the north coast. Simple,
georaphy tells 'is that the proposed coastal zone takes in the vast
buik of population and existing development in Humboldt and Del Noric-
copies. The only populated areas excluded from the zone in humbold',
County are the Hoopa Willow Creek area. said communities along the
Eel river in the southern part of the County. The zone include all of
Eureka, along with Arcata., Fortuna, Ferndale,0rick, Trinidad, etc.
The act would have the effect of removing all local authority from these
areas. A regional commission would exercise power over, for example,
a new building in downtown Eureka. Arid if anyone, that is anyone, in the
state does not like the decision of the regional commission he can appeal
to the State commission, a 12 member board of which probably only one
member would be from the north coast. Adoption of the proposal therefore
would-destroy local, city and county government within populated areas
of Del Norte and Humboldt Counties. The same would not necesarily hold

true in other areas of the State. That is what makes the north coast
unique. In those other regions the bulk of development exists outside
of the coastal zone. Those areas would not be as deeply affected by this
bill. The entire San Francisco Bay area is excluded from this provision,
and there are special sections to excluded- much of the Los Angeles, Orange
and San Diego Counties. Even areas laying inside the high point, of "Ile
coastal range. taken in its total, therefore, this legislation excludes
the large urban coastal centers where it would be needed most and affects
in the main those areas such as the north coast with less political punch.
It has all the ear marks of a big city proposal to control the cow

counties.

Let, us for a moment examine the areas, of the north coast that this

deemed to warrant its concern no further than
group has deemed to warrant its concern. We need look no further than
the California Coastal Alliance's latest publication. In Del Norte

County, Smith'River dredging; Lake Earl, urban development; Point St.
George to Crescent City, urban development; Crescent City to Klamath,
urban development; Del Norte Doons, subdivision; Klamath River, dredging.
In Humboldt County, Prairie Creek Redwood Park, highway expansion; Big
lagoon area, housing development; Trinidad Head, second homes marine;
Humboldt Bay, bridge construction and dredging (I should point out the
bridge is already built); Clam Beach, potential development; Eureka,
urbanization; Cape Mendocino, no public access (I don't understand that
provision either in that I was under the impression that it was to keep
it clean and pure and keep people away from it); Shelter Cove, existing
subdivision. In Mendocino Co,.-,.nty, Mendocino, planned housing development;
Navara River, limited access for fishing; Irish Cove, second home devel-
opment; Point Arena, general development.
The proposed legislation is loaded in favor of the conservationists
point of view. The bill, for example, provides for the appointment of
-these commissions for people who are responsive to the scientific, esthetic,
social and cultural needs of the St-te. Nowhere in the zect-on dealing
with qualification of members is there mentioned Fersons with sensitivity
to economic needs of our State. Let's face it, we in the north coast
are in an economic hole. Unemploym3nt jas 13.? percent in Humboldt County
last February, and half again as much in Del Norte County. One in six
persons in this county is on welf@ire. Thirteen percent of the population
of the County qualifies for and uses food'stamos. That represents pol-
lution of human dignity. W c want to conserve human beings by giving therr,
the dignity of steady, responsible and rewarding employment. Tha-: means
the creation of new jobs, year round jobs, and that means industrial
development. Such development can occur reasonably only within the coastal
zone, principally around Humboldt Bay. We see within this legislation,
however, a desire on the part of conservation organizations to otor such
develorment in the various elements --et forth for coastal zone management.
For example, there is no mention of an economic element the meaning of
that exclusion is unmistakable. We are concerned too about the affects
of this legislation on our tax base, already seriously eroded by transfer
of privately owned land into public ownership - Reciwoo,' 1:ational I-tark for
examDle. The bill provides for bond issues and a vast program of land

purchase by the State. Thislegislation coupled with such proposals
as the expansion of the INational Parks and pending wild river legislation
could work a seriouc hardship on local governments which depend upon the
property tax, and woulO increase the difficulty of attracting economic
development.
I earlier touched upon the provision that allows anyone in the state
to appeal a regional commission decision. I think you would agree that
this in effect makes a mockery of regional participation in this program.
It would mean as a practical matter, that any remotely controversial
decision by a regional commission could be appealed. For example, if a
regional commission granted a permit for the creation of a new deep water
docic on humboldt Bay, which would mean dr---dging, a person from Los
Angeles could appeal that decision. The bill gives anyon e %-:4th time on
their hands a blank check for being a nuisance.
So much for the negative. I could go on and on in detailhow this
7 proposal in effect wines out local government on the north coast and
threatens any hope of economic development. But let's turn to'the ros-
itive side. We on the nol--, coas't recognize the uniq,-ie resources of the
coastline. With one or te.,o relatively minor exceptions, we have no',
fouled up our coastal rezources as the urban centers have - the same
urban centers that would 'be lar.-ely exempt from this legislation. We
are taking positive steps to protect not only the coastline but our total
environment fron, unwise use. We are, for example, working on a sifodivision
ordinance, which would, with proper administration, prevent tremature sub-
division - we were as yc--.i knk@w burned once. We hopefully have learned
our lesson from that exrerience unlike San Diego, Los Angeles and San
Francisco. We have.undertaken a county general plan proCran. We have
a unique pilot program to manage solid waste disposal, which should make
us in this regard the cleanest county in the Nation in two or three years.
We have existing water -.-.:ality and air qialit:j agencies which are doing a
hard nosed job to protect those resources. We have an aggreL@sive program
of adding County recreationareas along the coast and inland. The County
t
is moving to guarantee access to beaches and other areas. We are establ-
ishing voluntarily a regional association to deal with many problems
at that level. We are ceeking to create an area with a stable population
not too large to be supportf-d ',)y,economic activity here, and one that will

not destroy the economic and nattiral environment of our area. We do not
seek an influx of outniders in the name of progress. We are interested,
however, in a levul of economic activity that will support the population
wo do have and avoid the dehumanizing cyclic and seasonal unemployment that
i.@ :i'll together too common. We are doing what San Diego, Los Angeles,
Sin Francisco should have done decades ago. At the same time, however,
wo ni-c not ignoring the very real economic needs of our citizens. We
not willing to let these people be the pawns in the great environ-
mental chess game. We believe that conservation also means the conserv-
ation of human resources; a concept often forgotten by those who
zealous]-.,. attempt to guard the natural environment.

DISCUSSION

Question 1: You say that AB 1471 would remove all local control. Yet on
the regional commission there are positions for six local
people, of which three will be supervisors from Humboldt, Del
Norte, and Mendocino Counties. The other three will be City

Councilmen.

Answer: Anything they decide can be appealed, there is no decision made at
the regional level, none. If I applied for a building permit for my building
in downtown Eureka, someone in Los Angeles could stop it. I maintain
that there will not be one decision made by the regional commission that is
remotely controversial that would be decided here. The Bill says that.

Question 2: 1 understand that you feel that the intent of this bill is to
deprive the north coast of economic opportunity; that is why

the bill was drafted?

Answ,-r: As it is written, the effect will eliminate local control of
government, so that must have been the intent when it was %-.,ritten. The bill
was written because some people feel that local decisions were not in what
they considered to be the local interest, so they are going to t--y to take
those controversial decisions out of the hands of local people, so that
pressure can be put on local people and that process by which.-@hey are elected
can be eliminated. An appointed board is not very responsive to the public
need, in my opinion. Y@u can always replace an elected official.

Question 3: 1 am new to the area, but it seems to me -0-ot the area is in
local control now and the area hasn't particularly stabilized
a very good economic base under those conditions.
Answer: You're probabl,: right. In fact, the federal government just took
a great portion of the industrial area of the north coast and called it a
National Park. The State government is now proFosing to take a substantial
bit more under the Wild Rivers Act. I think it is time to exert our feelings
so "hat some of these people recognize that everyone does not want to see
this County become a National Park; the surr, and total of it.

RESPONSIBILITY OF LOCAL GOVERNMENT

W. Eric Carruthers
California Coastal Alliance

It is a pleasure to be here again. I was fortunate to be here last
spring when local officials of Mendocino, Del Norte, Humboldt and the
other northern counties met to conside r issues facing local government,
including Coastal Management Legislat4on. Since that time there has been
remarkable progress throughout the state x-z.,garding coastal management
legislation. Even the County Supervisors Association of Calilfornia now
recognizes the strength of public concern for the coast and favors some
weak form of the coastal zone bill. last year that seemed really impossible.
Sr when people say that-things are improving, I agree.
I work for county government as a Principal Planner for the County
Planning Department of Santa Clar a County, one of the nine Bay Area coun-
ties. On behalf of the California Coastal Alliance, I will draw some les-
sons from our e@,perience for you to apply to coastal legislation proposals.
In my County, too, we see things improving, b'At not fast enough. We have
new Supervisors who are gifted men; and we have a new awareness amoung o'cr
public. Yet at the same time, forces for irresponsible developmer-"-. or
blind progress still plague us, taking advantage of the limitations of
fractionated city and county governments. While many developers are now
carrying out some of the new development ideas that our department recom-
mended ten years ago, there are still developers with the old view, the
greedy view, who are trying to do the same kind of hackneyed development,
the same kind of development that gouges the land and puts the penalty on
the neighbor. in our hillsides, for example, there are still people who
are trying to bootleg subdivisions and roads that dump trash, runoff drain-
age and erosion on the neighboring property. They operate with no concern
for the public cost of their activities.
I have a sense here today that many of your people, including city and
County officials, have the same attitude toward local government responsibility

that we had 'in Santa Clara County 20 years ago. We learned our lessons
painfully, and I hope that YOU can learn which work poorly elsewhere can

be avoided here.

What are the lessons? We have learned in Santa Clara County that our
local government, our cities and our counties, cannot by themselves indiv-
idually manage San Francisco Bay. Each of our 15 City Councils and our
County 9oard of SUporvisors supported the. legislation to make permanent
the San Francisco Bay Conservation and Development Commission (BCDC)
The BCDr* combined local. officials with appointed members from the 'Public
to plan for the management of San Francisco Bay and exercise a permit fun-
ction, shared with the cities and counties. It is the model for our

coastal bill. We found it essential that the cities and the counties ban

together in the BCDC to manage the Bay. And I'm not talking about preserv-
ation of the Bay. I'm not a preservationist. I'm talking about development
of marinas and subdivisions ... about multiple use concepts where airports
and industry are possible, but where the preservation of natural wildlife
areas is also possible. We are Using the '@ay Conservation and Develo-2ment
Commission to make ourselves responsible. N'o longer can we .easily put a
development proposal througb our ovin Board of Superv1sors or city councils
because we know now that the pr(@.7.Dosal must bear a second public test, the
scrutiny of what our neighboring cities Lnd counties in BCDC think. '.-,'e
are convinced this approach guarantees that the developments we carry out
will be all the better. We have found that without a joint approach, there
is no way to make each jurisdiction live u@ to its responsibilities to ills
neighbors. This same lesson applies to the Coast.
I hear a mixed voice here today. I hear some local officials agreeing
that a joint approach bet%..,een local government and in cooperation with the
state--not neces@@;arily domination by the state-makE!@, sense. I hear other
local officials saying that. no such approach is nece.7,sary, 'the individual
cities and counties can go it alone. I hear that point of view put forth by
Mr. Gentr,,, who even questions whether or not. local 7oning controls are really
a good idea.
We have learned that land use controls are essential to carry out policy
agreements. How can we tru3t a city or county to manage its coastline alone,
if it is not even committed to use the primary local. land use control . . .

local zoning? Long ago in Santa Clara County, even our politically conser-
vative agriculturalists learned that they needed zoning for their own
protection. I have been told that there are some zoning districts here
in the north coast which actually permit anything. I can condeive of a
local goverment conroting what you might call an "anything zone". thereby
meeting some possible state criteria that there be zoning. But a zoning
district that allows any kind of activity without any review, whilw it might
meet the name of zibubg, does not provide any real guidance to a property
owner, nor exercise public responsibility to his neighbors.
One lesson is that a city or acounty nas a responsibility to the entire
community, not just the individual property owner. Today, I hear some of
your local officials expressint the view that the main purpose of local
government is to bring urban services so that an individual property owner
can use an develop his land. This view may have been relevant when we had
a very small population in our State. Then,city councilmen and supervisors
had the attitude that whatever the owner wanted to develop his land should
be supplied him if possible. Now, we see that we cannot do that. We have
learned that our local officials have a responsibility that gooes beyond serving
just the individual developer. They have a responsibility to the entire com-
munity to insure that when development occurs, it is done so as to benefit
the entire community. Now we are learning that the impact of our decisions
often extends beyond our immediate jursdictional boundaries. Joint agency
programs, such as the proposed Coastal Commission, are and effective way to
excercise that extended responsibility.

Another lesson related to growth. Mr Johnston and I share a concern:
unemployment in our community is a serious public problem and a tragedy for the
individuals who endure it. It behooves us all to work to do something about
that. It is imperative that when we do, we do it in the way that benefits
both the employed and the entire community. A negative lesson we have learned
is that it is possible to bring in industry that will not hire our unemployed
It may bring in its own employees from elsewhere. It may require public
services that raise taxes. Meanwhile, many of our unemloyed remain unem-
ployed. The real challenge is to match new industry to the skills of the
unemployed who are already here, for example, the expansion of lumber products.

processing. Unemployment is a very complicated and touchy problem. We have
found in our area that too many people, including chamber of commerce people,
ru.@!i out willy-nilly to bring in any kind of industry,they can grah. It doesn't
always work out.
We have learned that "growth" is not a cureall. In San Jose we have a
ncwspaper, the San Jose Mercury.-News, which for years soft-peddled, you might
even say sq,ielched, any reporting of public questioning regarding growth pol-
icies, and rapid industrial development. The publisher was quoted as sa:,!ing,
"Prune trees don't buy newspapers." His paper ardently supported rapid land
subdivision and housing construction in concert with the contractors and
realtors. As a result, the San Jose City Council was for 15 years committed
to rapid growth. Now, however, the city council questions the effect of that
policy. The financial and community consequences of rap.1 growth are becoming
apparent. A study is now making its way through the City Hall indicating that
in terms of tax revenue to the city, the city would have been better off in
not developing some of the areas t.,'*Iat they developed. The city council has
determined to limit future growth. We had all operated on the axiom that
development automatically meant money, that people automatically produced
revenue; but we learned that people produce demands for public service, people
produce problems.
We are not raising these concerns to propose a policy of no grc@,,th.
Instead, we are learning to pursue a policy of careful growth.
The Coast Commission to bc-created by AB 1471 will be an organization
with city and county participation through which you can yourselves be
careful as you pursue economic development. Only with such a concerted
approach am I,confident that you can obtain the kind of long term growth which
is to your best advantage.
Several aspects of the coastal bill need clarification. First there
are actually two zones proposed. We are not talking about zones in the sense
of city or county "zoning" such as a residential zone, which would limit
everything to residential or industrial zone, that would limit everything to
industrial for example. We are simply talking about two kinds of areas on the
coast in which two kinds of coastal commission activities would take place.
The first zone mentioned extends in Nortilern California to the top of
the first ridge of mountains. Whi le it may seem large, it is nothing more

and nothing lens than a planning zone. This is the area within which your
regional (76ast commission would be directed to look at the land resources
and at what in happening in cooperation with the cities and counties as well
as state agencies. It would work out agreement on what is likely to happen
there in the long run, and what policies should be recommended. Absolutely
no coast commission.controls would be.exercised in that area. Each city

and county would retain original jurisdiction.
Second, there would be a narrow coastline permit zone extending 1,000
yards inland. In developed areas the permit zone might be narrower, since
the coastal commission would be authorized to exempt already developed
areas where it is determined that no new development is likely to affect the
coast. Within the permit-zone, any development proposal would first be con-
sidered by the city or county having original jurisdiction. If approved
there, the proposal would be then reviewed by the Coastal Commission, com-
pcsed of officials from other cities and counties and appointed public members
from the area. The commission would give the proposal the second public test
which I described earlier. Proposals benefitting the coastal area would be
approved. Proposals detrimental to the coast would be sent back for revision
or disapproval.
Another question Mr. Johnston raises is: Why are these Bills which affect
the North Coast being authorized by, in some cases, people from sout'nern
California in the big urban developed areas? As a matter of fact, several
years ago, Mr. Sieroty, an AsLemblyman from the metropolitan Los Angeles area,
put in a bill that applied only to the south coast area. The legislators in
Sacramento said, " We can't consider a bill like this just for one section
of the coast, we must have a system that takes the whole coasv.11 Many of us
might be glad to leave out the north coast counties. But everybody in
Sacramento and in the Federal Government wants to set up a management system
for the coast in which the citizens, city and county officialG, and state
officials can participate and which covers the coast from border to border.
While some people in the north coast may be unwilling participants, it's
certainly not because Southern California legislators haven't tried to solve
their own area's problems.
Now T would like to take you on a picture tour of the coastline which
may answer some of your questions about how the.se bills take their form.

You will note that in our public informa@ion material, the Coastal
Alliance mentions areas along the coastline called "crises poInts." I am
told that the Chinese character for "crisis" includes two characterc which

mean "danger" axid "opportunity." We aren't saying that all of the items on
the list of developments along the coastline are bad. We are saying they
are risky. Opportunities are risky, and we owe ourselves the benefit of being
careful as we proceed with them so that the good ones go through well and the
bad ones have to go back for reconsideration and, possibly, rejection. We
are not against development. We are for excellence of development.
The north coast's basic industrie,5 have been mentioned here today:
fishing, the Cattleman's Association, the Wool Growers Associatioii, the timber
industry. I think these industries would have nothing to fear from the proposed
coast commission program.
Obviously, timber.is a main industry in the north coast. There is no
intent in this legislation to jeopardize timbering . One of the objectives
in this program is to seek the kinds of tax incentives and balances th-at make
it possible for long term, sustained-yield resource activities like timbering
to go on over a long period of time without economic jeopardy. As long as
the timber people operate their timber areas on a sustained yield basis, har-
vesting, replanting, letting it regrow for reharvesting, I am confident that
they are not in any jeopardy. When they decide that they want to abandon
timber harvesting to go into urban land developmeiit, then we say that they
need to be responsible to the rest of the people in the area and 1-.1ve their
proposals reviewed. I am confident that good development proposals will
secure the public's support;., The timber people might not be happy that it
takes a little while for that to happen, but I am confident in the long run
that good development proposals %vill meet the [email protected].
The fishing industry has its future to gain from the proposed coast
commission, since this would be a means for protecting the lagoons and strea-ns
that are the nurseries, the incubators of sea life. The future of our fish
life, which is a basic industry here in northern California, depends upon how
we act as stewards of the coastline. We have the power to affect the fishes'
environment; they have no power to protect it. Even the microscopic life, the
plankton which becomes the food that the larger fish life live upon, all
depend upon these estuaricr; r-nd the movements of fresh and sea water. These

are a responsibility we bear which if mismanaged may all come back upon us
in unforeseen ways, since we ourselves are part of the cycle of life. The
'birds, for example, eat the fish. Now we find that the pelicans on the islands
of Santa Barbara are no longer able to lay eggs that will hatch because of the,
effects of chemical pollution.
Can we really risk disrupting the coastline in such a way that may affect
our life. in future times? We've got to manage our coastline so that devel-
opment takes place in a beneficial way, so that when we put in industry and
housing we do it in a way that fits well and lives rather than destroys.
The coastal uplands, themselves often seas of grass, can be managed in a way
that will not destroy what happens in the sea. We came origii-.illy from. the
areas along the sea and our very life depends upon it.
The California Coastal Ala:iance, including individuals from numerous
organizations throughout the State, feels that this legislation proposes a
coastal management system that will make it possible for local governments
working with state agencies through regional groupings to act responsibly.
A man named Buckminster Fuller has said we are travelling on a tiny ship
through space and it is the only one we have. Eow we manage it will affect
how we are able to live in the future. We are working now to develop ways of
governing ourselves that make it possible to fit development into the

environment.

Mr. Johnston said that last year was the age of environment. There has
never been a time when we were not living in the age of envirorLmE:nt. You will
remember that many present California residents came here refugees from an
environmental disaster in the Great Plains ... the Dust Bowl of the Thirties,

which came about because drought affected areas thvt were brought into wheat
farming where in the long run the environment could not bear it. Individual
local governments like our counties cannot manage these large environmental
situations. We have to find ways of working together. That is why the
California Coastal Alliance is working for sound coastal legislation.

DISCUSSION

Question 1: What portion of Southern California is closed?
Answer: I have to confess I don't know. In the thousand miles of Cali'ornia
coa-stline, only about 100 miles are available to the ublic.- larger
portions that are publicly owned are in governmental reserves - Camp
Pendleton owns 50 miles of frontage in southern California. But in terms
of the California coastline, only a small area is actually accessible to
the general public. In Mendocino County, sixty percent is public beach.

DEVELOPING A IAND USE ETHIC

Dr. Bill DeVall
Sierra Club

Planning is a complicated business. Planners mu2t attempt to
balance short-range and long-range goals and to anticiTate future pop-
ulation changes and land-use demands. Several question:, mu.,@t he asked
of the planning; 1. Who will participate in the planning and how will
they participate? 2. In whose interest and who will benefit from the
plan? 3. What variables are to be considered in planning? and 4. if
the plan Js completed, is it going to be implimented?
We have heard mary different views expressed in this conference on
these questions. There are many conflicts over the use of' the coastline

-
conflicts between public and private ownership, between industrial."d
recreational use and conflicts between competing recreational uses. More
basic than these conflicts, however, is a conflict over land use phil-
osophy.
In this talk I would like to emphasize the development of a land
use ethic as the basis of planning and criticize what I consider some
of the popular assumptions concerning economic development. I would also
like to comment on what I feel is the proper role of various existing
and proposed government agencies in the control of coastline use.
Whitemenhave used the California coastline for intensive develop-
ment for about a hundred years. This is a very short period of time
indeed in comparison to the time the native population of California
spent here and a very, very short time in terms of,the geological time
during which the present coastline has evolved.
The contrast between native Californians and white men in their

attitudes toward and uses of the land have been well documented
(see Dasman, The Destruction of Calif@._-nia). Many Indian tribes shared
a kinship for the land which contemporary developers and industrialists
find difficult to understand much less sympathize with. Frank Waters
writes of one of these tribes, the Hopi, in these terms (Frank Waters,

"Two Views of Nature, Wbite and Indian," in The American Indian Speaks,
ed. by John Milton,-Dakota Press, 1969.)
"The Hopi, like other branches of their race, knew themselves,
as privileged newcomers to this great new world. So upon their
arrival they first asked permission to live upon it from its
guardian spirit and protector. The spirit gave his permission,
telling them, however, that they were not free to wander over it
rampantly, using it as they wished. They were to make ordered
migrations, north, south, east, and west, to the four pasos
where the land met the sea, before settling in the place prescribed
for their permanent home. There they were to establish those
annual ceremonies which wolild recapitulate their wanderingL and

reclaim the land for its Creator.

"The meaning of the myth is clear. The emergence of
rDnsciousness does not set man entirely free. He is still
under obligation to the dictat(@s of the unconscious which,
embodies all his primordial past. He may travel to the limits
of his mind and will, but lie must always observe those than-
maturgical rites which acknowledge his arising from the one
great origin of life and which keep him whole.
"Such a tradition, like many other versions of its kind,
marked the relationship of the Hopis to the land. If directional
peaks and boundary rivers to their tribal homeland were staincd
with blood of a virginal youth and maiden, the memory of their
sacrifices were perpetuated through uncounted generations by male
and female prayer-feathers planted on ceremonial altars to remind

all men of the sacred foundation of their tenure. The land was

not tangible property to be owned, divided, and alienated at will.
It was their Mother Earth from which they were born, on whose
breast they were suckled, and to whose womb they were returned in
a prenatal posture at death."
In more recent times, Aldo Leopold has expressed much the same sent-
iments in his "land ethic" (The Sand County Almanac, p.204.)
"The land ethic simply enlarges the.boundaries of the
community to include soils, waters, plants and animals, or
collectively: the land.

"This sounds simple: di we not already sing our love for and
obligation to the land of the free and the home of.the brave?
Yes, but just what and whom do we love? Certainly not the soil,
which we are sending helter-skelter downriver. Certainly not
the plants, of which we exterminate whole communities without
batting an eye. Certainly not the animals, of which wu have'
already extirpated many of the largest and most beautiful
species. A land ethic of course cannot prevent the alter-
ation, management, and use of these 'resources', but it does
affirm their right to continued existence, and at least in spots,

their continued existenc- in a natural state.

"In short, a land ethic changes the role of Homo sapiens
frcn conqueror of the land-community to plain member and citizen
of it. It implies respect for his fellow-members, and also
respect for the cummunity as such."
If Lynn White is correct fundamental Christians may have difficulty
appreciating this deep respect for all things natural (Lynn White, "The
Historical Roots of Our Ecological Crisis," L-. The Environmental Fancibook.)
Christians have tended to ignore the land or to fight against the land
to conquer it. Both Christians and their secular counterparts in
America have assumed an anthropomorphic view of the world while American
Indians and contemporary scientific th,@jught have considered a biomorphic
view of the worldwherehomo sapiens are only one small--but very des-
tructive--part. If we concider ourselves as stewards of the land rather
than owners of the land, and if we assume a non-anthropcmorphic view o' the
world, our decisions should rest on wise use rather than hiShest use in

the narrcw economic sense.

I open my speech in this way because I feel that we should start
the discussion of uses of the coastline by assuming the stewardship
perspective. The air, water and earth are a trust to all the people.
We must show respect for these common holdings and not repeat on the
California coastline what Garrett Hardin called "the tragedy of t1le commons."
We should b-3 very conservative in our treatment of the coastlilie--very
careful, very slow. Ian McHary in a series of books and MOV4
-es has out-

lined this perspective in terms of a philosophy of planners. "Man must
use ecological planning," he says, "and seek not the coriq,.zest of nature

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but unity with nature" (see his film, "Multiply and Subdue the Earth").
"Each generation has only a temporary rendezvous with t-@e land, " and as
Steward Udall has said and each generation must be awane of its respon-

sibilities toward the land.
We recognize that the increasing pressures for developments along
the coastline have come about because of increasing population in California,
the relative affluence of that population and the social desirability of
ocean front property for home sites, recreation and ind--;strial development.
White Americans, both native to California and thoze moving here
from other states, find it attractive and desirable to live within view of

the ocean. Industrial concerns want deep water ports or the use of ocean
water in their processing and vacationists want to use the coastline and
adjacent uplands for a var 4ety of recreational pursuits which are not
always compatible with each other or with the ecological integrity of the

coastline.

We frequently hear the argument in planri- for the coastline the
"highest use" principle should be used that is, the rroject having the
potential for greatest economic return to the investor and raising the local
tax base, should take precedence o@rer any other use. But who will benefit
most from the development? Who will bear the hidden coZts of development?
In some places, after extensive research, consultants advised local govern-
ments that it would be cbearer to the local taxpayers to buy land and keen
it in open space rather than zone it for development (In particular I am
thinking of some tracts of land near Palo Alto).
Besides being poor bargains for the local communiti-es, many develop-
ments along the California coastline have been opposed br the Sierra Club
because adequate public access to the beaches were not @rovided and because
the developments were class-based and inherently racist. From San Clemente
to Big Sur to Sea Ranch to Boise Cascade properties, the 1.roposed develop-
ments at Jenner and even Shelter Cove, the coastline sul--divisions appea"-
to the racist and elitist attitudes of the white middle and upper classes
in California. We do not feel that the snobbish follies of the wealthy

should form the uses of the California coastline. Theze 'second home'
developments are criminal in a society that cannot provide decent first
hc,:I,ies for one third of its citizens. These coastline 6e-,r elopments heavily

advertise their security arrangement the guards, locked gates, passes
aerial surveilance. Many of them are affluent domestic versions of the
strategic hamlets program in Vietnam -- a place where white middle and upper
class elitist, racists can 'get away from' the problems of California met-
ropolitan areas.
We deplore the fact, therefore, that the California coastline has
rapidly become the playground of wealthy whites and the plaything of
gigantic corporations like PG&E which build huge capital intensive develop-
ments along the coastline (like oil refineries and nuclear power plants)
which have very low labor requirements.
The great mass of California citizens are blocked from the coastline
for three reasons -- they cannot afford to live there; there are few jobs
(except service jobs to the wealthy who use the coastline) and they cannot
use large areas of public beaches along the coast because thcy are blocked

from access.
The local Sierra Club has urged for a number of years that the majority
of iindeveloped coastline and adjacent uplands along the three northern
California counties should be reserved in public ownership as a. public
trust and used for recreation which is compatible with the fragile flora
and fauna and the geology of the coastline.
This position is not startling or radical- in Fumbold'. County. Beginning
as far back as 19.51, the local planning commissions recommend-d that the
coast and adjacent headlands should be acquired in public ownership. The
1951 county Master Plan for Beaches and Recreation recommended that the
county acquire the Moonstone Beach, the south spit, and the coastline from
Cape Mendocino to the mouth of the Mattole River along with the Big Flat
area north of Shelter Cove as county park land.
Over ten years ago the California Public Outdoor Recreation Plan
(1960) recognized the pressing need for public areas for outdoor recreation.
"The state should lead a bold program to develop a comprehensive
statewide land-use plan in which recreational needs are adequately
recognized.
Lands and areas having scarcity value should at once be placed in
public ownership. Such lands include unique natural lanrl and
water areas, significant scenic and historic siten and the much
needed and now rare lands that are suitable for recreation in and
near metropolitan areas.
For example, the major portion of the coastline, together with

adequate adjacent uplands should be acquired in public ownership
or reserved for public use. Adjacent uplands, suitable for camping
parking and auxiliary facilities should immediately be ac(Tiired
at all present beach areas."
After watching the rapid destruction of areas of the Coastline and
the single-purpose planning of local vested interests, the Sierra Club
has come to the conclusion that a better approach to coastline planning
and development would be through the establishment of a state coastline
commission charged with administering the coastline as a trust for the
people of California and the United States. AB 14?i is no panecea but it
can be a step in the direction of bette%, coastline management.
We have seen local government hemmed in by precedent. We see local
not feel responsible for natural heritage belonging
governments which do
to people of the state and J.-ation. We see 200 agencies managing the coast,
all operating for their single purpose with no coordination of effort,
with nobody answering directly for the 'public interest' in the coastline,
such concerns as public access, visual amenities, local governments
thumbing their noses at the public, sometimes in violation of the letter
and spirit of existing law.
In sum we feel that the advantagesof AB 1471 far outweigh the dis-
advantages. We would like to see much rore local responsiveness to the
needs for better long-range planning, but we feel that a regiona@@ approach
to planning is much better than haphazard local efforts.

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