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Coastal Property Owners Association of Santa Cruz County
A discussion was held regarding the merits of our Association filing the appeal of the County’s CEQA (California Environmental Quality Act) exemption as it relates to the ordinance amendment adopted at the December 5, 2006 Board of Supervisors meeting.
This ordinance amendment omits all property from the ocean to the bluff top when determining the permitted size of development on private lots.
The proposed structuring of our participation in this appeal would be as follows:
1) Coastal Property Owners Association of Santa Cruz County would be the plaintiff in the appeal.
2) Initial funding estimated at $30,000 to $40,000 would be provided by Barry and Susan Porter, who own a home on Pleasure Point Drive.
3) Additional funding, if required, is estimated at up to $150,000. These funds would be solicited from both the Porters and other interested coastal property owners in amounts of $5,000 to $10,000.
4) Our current funds of $40,787.10 would not be used for this appeal.
5) The law firm of Morgan, Miller and Blair has already started work on the appeal on behalf of the Porters. The firm would provide us a letter stating that we have standing (legal justification) for the action. Without standing we could be subject to a suit from the County for legal fees if we did not prevail.
It was agreed that the following items need to be addressed prior to any commitment by our board.
1) The opinion from Morgan, Miller and Blair that we have legal standing.
2) Evaluate any legal requirements for funding and accounting of funds earmarked for the appeal.
3) The Porters need to join our Association.
4) Can our board authorize participation in the appeal without a vote from our membership?
5) Can our board members be held liable for any suits form the County or from our membership?
Keith made a motion to authorize up to $1,000 for any legal fees needed to get answers on these questions. Susan seconded the motion and it was unanimously passed.
The meeting was adjourned at 8:00 PM.