County of Santa Clara Code Enforcement Appeals Board

Transcription

1 Commission Agenda Code Enforcement Appeals Board, County of Santa Clara September 8, 2010 County of Santa Clara Code Enforcement Appeals Board County Government Center - 70 West Hedding Street San Jose, California Phone (408) Fax (408) DATE: September 8, 2010 TIME: 9:30 AM PLACE: East Wing 7th Floor - Library AGENDA In compliance with the Americans with Disabilities Act, those requiring accommodations in this meeting should notify the Clerk of the Board's Office 24 hours prior to the meeting at (408) , or TDD (408) Please note: To obtain a copy of any supporting document that is available, contact the Department of Planning and Development at (408) Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the County to all or a majority of the Board of Supervisors (or any other commission, or board or committee) less than 72 hours prior to that meeting are available for public inspection at the Planning Office, 70 West Hedding Street, 7th Floor, during normal business hours. Regular Business Meeting 1. Call to Order/ Roll Call 2. Public Presentations: This portion of the meeting is reserved for persons desiring to address the Board on any matter not on the agenda. Speakers are limited to two minutes. The law does not permit Board action or extended discussion of any item not on the agenda except under special circumstances. All statements that require a response may be placed on the agenda for the next regular meeting of the Board. 3. Elect Chairperson and Vice Chairperson for Fiscal Year Approve minutes of October 29, Convene hearing to consider the appeal of Larry Noon regarding Notice and Orders dated May 6, and May 7, 2010 relating to the propertys located at and Santa Cruz Highway, Los Gatos. 1

2 Commission Agenda Code Enforcement Appeals Board, County of Santa Clara September 8, 2010 Possible Action: a. Open public hearing and receive testimony. b. Close public hearing. c. Declare intention to approve, disapprove, or modify the decision of the Building Official. 6. Approve the Exhibit A (List of Designated Positions) and Exhibit B (List of Disclosure Categories) for the Board. 7. Announcements/Correspondence 8. Adjourn to the next meeting at a time and location to be determined. 2

3 Commission Agenda Date: September 8, 2010 Agenda Item No.1 System Generated Transmittal SANTA CLARA COUNTY Board Date : September 8, 2010 Transmittal ID : Agenda Item Details 1. Call to Order/ Roll Call Board of Supervisors: Mike Wasserman, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss County Executive: Jeffrey V. Smith

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5 Commission Agenda Date: September 8, 2010 Agenda Item No.2 System Generated Transmittal SANTA CLARA COUNTY Board Date : September 8, 2010 Transmittal ID : Agenda Item Details 2. Public Presentations: This portion of the meeting is reserved for persons desiring to address the Board on any matter not on the agenda. Speakers are limited to two minutes. The law does not permit Board action or extended discussion of any item not on the agenda except under special circumstances. All statements that require a response may be placed on the agenda for the next regular meeting of the Board. Board of Supervisors: Mike Wasserman, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss County Executive: Jeffrey V. Smith

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7 Commission Agenda Date: September 8, 2010 Agenda Item No.3 System Generated Transmittal SANTA CLARA COUNTY Board Date : September 8, 2010 Transmittal ID : Agenda Item Details 3. Elect Chairperson and Vice Chairperson for Fiscal Year Board of Supervisors: Mike Wasserman, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss County Executive: Jeffrey V. Smith

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9 Commission Agenda Date: September 8, 2010 Agenda Item No.4 System Generated Transmittal SANTA CLARA COUNTY Board Date : September 8, 2010 Transmittal ID : Agenda Item Details 4. Approve minutes of October 29, 2008 Board of Supervisors: Mike Wasserman, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss County Executive: Jeffrey V. Smith

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11 County of Santa Clara Code Enforcement Appeals Board County Government Center - 70 West Hedding Street San Jose, California Phone (408) Fax (408) DATE: October 29, 2008 TIME: PLACE: 9:00 AM Board of Supervisors' Chambers MINUTES Appeal Hearing 1. Call to Order/ Roll Call. Convened at 9:05 a.m. with Chairperson Sal Ventura and Commissioners Robert Baldini, Gale Bate, David Doody, Mahvash Harms, Manuel Roman, Jr., and Navin Sahni present. A quorum was present. Commissioners Sarah Aguilar and Christine Fitzgerald were absent. There was one vacancy. 2. Public Presentations: There were no public presentations. 3. Elect Chairperson and Vice Chairperson for Fiscal Year Elected Commissioner Ventura to serve as Chairperson and Commissioner Roman as Vice Chairperson for Fiscal Year Motion: Sahni Second: Bate Passed unanimously. 4. Approve minutes of October 2, Commissioner Bate recommended that Page 8, fourth paragraph, third line, be amended to reflect, "...County;...". Approved, as amended. Motion: Sahni Second: Harms Passed unanimously. 1

12 Code Enforcement Appeals Board Minutes October 29, Convene hearing to consider the appeal of Property Owner John R. Motter, APN , regarding the Notice and Order dated June 4, 2008 relating to the property located at 322 A Casa Loma Road, Morgan Hill. Possible Action: a. Accept staff report. b. Open public hearing and receive testimony. c. Close public hearing. d. Declare intention to approve, disapprove, or modify the decision of the Building Official. Chairperson Ventura opened the public hearing and requested testimonies.. Considered memorandum, dated October 29, 2008, from Jody Hall Esser, Interim Director, Department of Planning and Development (DPD); and testimonies from James Lanz, Code Enforcement Specialist, DPD; Daren Wardell, Senior Building Inspector, DPD; Ann Peden, Environmental Health Specialist, Department of Agriculture and Environmental Management; Lizanne Reynolds, Deputy County Counsel, Office of the County Counsel (OCC); and John R. Motter, property owner and appellant. Received comments from Kathy Kretchmer, Deputy County Counsel, OCC, pertaining to the hearing proceedings.. Chairperson Ventura closed the public hearing.. The Commissioners discussed issues about the property relative to violation of the California Building Code, including concerns about the structure, water, and sewage system; and suggested that the applicant and the DPD discuss providing the applicant limited access to electricity and water for maintenance of the property.. Denied the appeal and upheld the application of the Building Code by the DPD. Motion: Bate Second: Baldini Passed unanimously. 2

13 Code Enforcement Appeals Board Minutes October 29, Accept status report regarding the appeal of Joseph Varda, APN , regarding the Notice and Order dated June 28, 2007 relating to the property located at Via Santa Teresa, San Jose. Accepted, on consensus, report from Mr. Lanz regarding the failure of Mr. Varda to comply with the order of the Code Enforcement Appeals Board and foreclosure of the property. 7. Announcements and Correspondence: Chairperson Ventura announced information regarding a vacancy on the Code Enforcement Appeals Board, the upcoming Annual Boards and Commissions Appreciation Event, the Handbook for Advisory Boards and Commissions, and the Boards and Commissions agendas and minutes on the County of Santa Clara website. 8. Adjourn Adjourned at 10:25 a.m. to the next meeting at a date, time, and room to be determined, in the County Government Center, 70 West Hedding Street, San Jose... Respectfully submitted,.. Beverly Sumcad Deputy Clerk 3

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15 Commission Agenda Date: September 8, 2010 Agenda Item No.5 System Generated Transmittal SANTA CLARA COUNTY Board Date : September 8, 2010 Transmittal ID : Agenda Item Details 5. Convene hearing to consider the appeal of Larry Noon regarding Notice and Orders dated May 6, and May 7, 2010 relating to the propertys located at and Santa Cruz Highway, Los Gatos. Possible Action: a. Open public hearing and receive testimony. b. Close public hearing. c. Declare intention to approve, disapprove, or modify the decision of the Building Official. Board of Supervisors: Mike Wasserman, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss County Executive: Jeffrey V. Smith

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17 County of Santa Clara Department of Planning and Development County Government Center, East Wing, 7 th Floor 70 West Hedding Street San Jose, California (408) FAX (408) AMENDED NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the County of Santa Clara Code Enforcement Appeals Board will convene a public hearing no earlier than 9:30 a.m. to consider the following application at the date, time, and place indicated below: DATE: September 8, 2010 TIME: 9:30 a.m. LOCATION: County Government Center, Department of Planning and Development Office, 70 W. Hedding St., 7 th Floor, East Wing, Conference Room A, San Jose, CA Hearing to consider the appeal of Larry Noon regarding Notice and Orders dated May 6, and May 7, 2010, Violation #90062 at properties located at and Santa Cruz Highway, Los Gatos, CA. APN , a) approve the decision of the Building Official b) disapprove the decision of the Building Official c) modify the decision of the Building Official ALL INTERESTED PERSONS MAY APPEAR AND BE HEARD during the public hearing in regard to the above-referenced consideration in the County Government Center, Department of Planning and Development Office, 70 West Hedding Street, 7 th Floor, East Wing, Conference Room A, San Jose, CA Written communications should be filed with the Department of Planning and Development Office prior to the hearing date. IF YOU CHALLENGE THIS LAND USE DECISION IN COURT, you may be limited to raising only those issues that you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Department of Planning and Development Office prior to, or at, the public hearing. DOCUMENTS WILL BE ON FILE in the Department of Planning and Development Office located on the 7 th floor at the address given above, on or before the Friday preceding the hearing. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the County to all or a majority of the Code Enforcement Appeals Board less than 72 hours prior to that meeting are available for public inspection at the County Planning Office at 70 West Hedding Street, East Wing, 7 th Floor, San Jose, California 95110, during normal business hours. THIS NOTICE OF PUBLIC HEARING is given as required by the Government Code of the State of California. FOR FURTHER INFORMATION relating to the proposal above please contact: Michael. Harrison (408) or mike.harrison@pln.sccgov.org or call the Department of Planning and Development at (408) Board of Supervisors: Donald F. Gage, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss County Executive: Jeffrey V. Smith

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33 Commission Agenda Date: September 8, 2010 Agenda Item No.6 County of Santa Clara County Counsel CC01 CEAB DATE: September 8, 2010 Prepared by:. Elizabeth G. Pianca Deputy County Counsel TO: Code Enforcement Appeals Board FROM: Miguel Marquez County Counsel SUBJECT: Approval of the Code Enforcement Appeal Board's ("Board") Exhibit A and Exhibit B Addendum for the County of Santa Clara's Conflict of Interest Code RECOMMENDED ACTION Approve the Exhibit A (List of Designated Positions) and Exhibit B (List of Disclosure Categories) for the Board. REASONS FOR RECOMMENDATION The Political Reform Act of 1974 (the "Act") (Government Code Sections et seq.) sets forth California's economic disclosure law. The Act requires disclosure of specified interests and prohibits participation in decision-making when an official's financial interests could be affected. Under the Political Reform Act, the Board is required to adopt a conflict of interest code.. A conflict of interest code (1) must contain the terms of the code, (2) must specifically enumerate the positions within the Board, other than those specified in Government Code Board of Supervisors: Donald F. Gage, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss County Executive: Jeffrey V. Smith 1

34 Commission Agenda Date: September 8, 2010 Agenda Item No.6 section 87200, that involve the making or participating in the making of decisions that may foreseeably have a material effect on any financial interest, and (3) must specify disclosure categories listing the required disclosure of those types of investments, interests in real property, sources of income and business positions that designated positions may affect in their decision-making.. A conflict of interest code has not been located for the Board; however, positions of the Board have been filing statements of economic interests. The Act requires every agency to review its conflict of interest code biennially to determine if any amendments are needed. As part of the 2010 biennial update of the County of Santa Clara's conflict of interest code, County boards and commissions that are required to have a conflict of interest code will be added to the County's code. This will provide a centralized code for ease of reference. Inclusion in the County of Santa Clara's conflict of interest code will supersede any prior conflict of interest code adopted by the Board. The County's code incorporates 2 California Code of Regulations and any amendments to it, which satisfies the statutory requirements for the text of a conflict of interest code. Each County board and commission subject to the County's conflict of interest code will create its own Exhibit A listing its designated positions and Exhibit B listing its disclosure categories to attach as an addendum to the text of the County's code. Disclosure categories 1 and 2 are predefined by the County. Each board and commission will create any additional disclosure categories necessary to reflect the required disclosures specific to its designated positions.. Upon the Board's approval, the Exhibit A and Exhibit B will be forwarded to the Office of the County Counsel for inclusion in the County's conflict of interest code and approval by the Board of Supervisors in BACKGROUND The Political Reform Act requires local agencies to adopt a conflict of interest code. The conflict of interest code must provide the following information, based upon the requirements of Government Code section 87309:. 1. A description of the manner in which the Code will require all foreseeable potential conflict of interest situations to be disclosed or prevented; and. Board of Supervisors: Donald F. Gage, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss County Executive: Jeffrey V. Smith 2

35 Commission Agenda Date: September 8, 2010 Agenda Item No.6 2. A description of the manner in which the Code provides each affected person a clear and specific statement of his or her duties under the Code; and. 3. A description of the manner in which the Code has differentiated between designated employees with different powers and responsibilities. Unpaid members of advisory boards and commissions may be required to disclose their personal financial interests if they make or participate in making governmental decisions that could affect their private financial interests. The Board's responsibilities result in members making or participating in the making of decisions that may foreseeably have a material effect on their financial interests. Attached is a proposed Exhibit A and Exhibit B for the Board's review and approval. CONSEQUENCES OF NEGATIVE ACTION If the Board does not approve the Exhibit A and Exhibit B, the Board will not be in compliance with the law and its list of designated positions and disclosure categories will not be available for inclusion in the County of Santa Clara's conflict of interest code 2010 biennial update for approval by the Board of Supervisors. STEPS FOLLOWING APPROVAL Upon the Board's approval, the Exhibit A and Exhibit B will be forwarded to the Office of the County Counsel for inclusion in the County's conflict of interest code biennial update and approval by the Board of Supervisors. ATTACHMENTS Code Enforcement Appeal Board's Exhibit A and B to COI Code Board of Supervisors: Donald F. Gage, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss County Executive: Jeffrey V. Smith 3

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39 Commission Agenda Date: September 8, 2010 Agenda Item No.7 System Generated Transmittal SANTA CLARA COUNTY Board Date : September 8, 2010 Transmittal ID : Agenda Item Details 7. Announcements/Correspondence Board of Supervisors: Mike Wasserman, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss County Executive: Jeffrey V. Smith

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41 Commission Agenda Date: September 8, 2010 Agenda Item No.8 System Generated Transmittal SANTA CLARA COUNTY Board Date : September 8, 2010 Transmittal ID : Agenda Item Details 8. Adjourn to the next meeting at a time and location to be determined. Board of Supervisors: Mike Wasserman, George Shirakawa, Dave Cortese, Ken Yeager, Liz Kniss County Executive: Jeffrey V. Smith