HomeMy WebLinkAbout2007/06/11 Board of Appeals & Advisors Minutes MINUTES OF A REGULAR ME'ET'ING
BOARD OF APPEALS AND ADVISORS
CITY OF CHULA VISTA, CALIFORNIA
June 11, 2007 Planning & Building Conference Room #137 5:15 p m j
Public Services Building
276 Fourth Avenue
CALL MEETING TO ORDER: Chairman F1ach called the meeting to order at 5;15 p m,
ROLL CALL.i Flach, Buddingh, Hieronimus, Buenoamino-Andrews, Turner, West
MEMBERS ABSTAINING: None
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CITY STAFF PRESENT: Brad Remp, Asst. Director/ Deputy Building Official; Lou EI-Khazen, Deputy Building
Official; Doug Leeper, Code Enforcement Manager, Rosemarie Rice, Secretary; and
Eileen Dimagiba, Senior Office Specialist (Recording Secretary)
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OTHERS PRESENT': Richard Amonette, Isabel Hall (McMillin Realty), Garyand Gail Nordstrom (McMillin I
Realty), Dan O'Hanlon (McMillin Realty}, Negar Mirgoli (McMillin Realty), Mark Scott I
(Realtor), Patti McKelvy (McMillin Realty), Brad Wilson (Realtor), Chris Lewis i
(McMillin Realty), Lupe Soto (McMillin Realty); John MillAr (Realtor), Uante Lora
(Realty Executives), Mariana Alan (McMillin Realty)
1 DECLARATION OF EXCUSEDIUNEXCUSED ABSENTEEISM: Member Romo is attending a Meeting in Los
Angeles.
2 APPROVAL OF MINUTES: None. Mr Remp arnounced the minute's from April 9, 2007 meeting will be I
brought to our next regularly scheduled meeting. i
3 NEW BUSINESSs
A Member Flach announced that new nominations for Chairperson and Vice Chairperson are in order
and open for nominations,
It was also announced by Mc Remp that Member Romo's 2ntl term expires this month and is no
longer eligible for re-election,
Results of Election: MSC (Flach/Buddingh) (5-0-1-1) motion to elect Ben West as Chairman;
MSC (Buddingh/Andrews} (5-0-1-0) motion to elect David Turner as Vice Chairman.
B Brad Remp, Assistant Director/ Deputy Building Official presented information on a proposed ordinance
for a Property Transfer Report Program that wil! enhance the City's ability to detect and resolve code
enforcement violations.. This program will focus attention on ensuring that potential buyers of existing ;
homes are given relevant code enforcement information about the legal status of the property prior to
completion of the sale. Sellers, of residential properties,ortheiragentswillberesponsibleforrequesting
a property transfer report from the City within 10 days of placing the property on the market for sale. A
$70 fee will be charged as a means of recovering the cost of administering the program. The report can
be accessed through the city's Internet websife Mr. Remp clarified that this is not intended to "hold up" a
sale of a property.. He presented a list of 23 otherjurisdictions in California tliafare currently engaged in
this type of a program, and stafed that they have been successful,
Doug Leeper, Code Enforcement Manager presented information on proposed ordinance
This draft ordinance for this report does not require an on-site ihspection, but should the seller or
potential buyer request one from the City,-one will be provided to them at their own expense Mr Leeper
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also said that the report would be used as another tool, which is available through the California
Government Code to Local Jurisdictions, to aid in identifying and resolving issues of unpermitted
construction This issue is one that code enforcement deals with daily.. In speaking with other
jurisdictions in California, that have passed this kind of ordinance, he discovered that they had fewer
cases of unpermitted construction Mr. Leeperthoughf adopting this ordinance would be instrumental in I
curtailing the amount of problems that the City is experiencing with building without a permit.
Mc Remp read off fhe list of cities in California that have adopted this type of ordinance; including those ~
cities that had incorporated the inspection component He stated that about two-thirds to one half of I
these cities have a mandatory inspection component, but stressed, our city is not recdmmending that as
part of this proposal
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Member's Comments-
Chairman Flash pofrited out fhat some of the information from the city report was not complete, Mr.
Remp stated fhey intend to solicit the support of the City Attorney's Office to include a disclaimer that
states that the information will be as accurate and up to date as can be. ' ` I
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Member Buddingh brought up the fzbt that there is a liability waiver in the draft ordinance. He I
suggested a provision be added: If the buyer chooses (o purchase the property regardless of any I
violation issues, there should be lariguage fn the ordinance that states the buyer is waiving any claims
against fhe seller for those issues being raised in the report. Another issue was that limiting the list only I
to properties that are listed, is too narrow.' He suggested including properties that aren't listed as welh
Mc Buddingh also addressed an issue underJOC XX 090 REMIDATION-CORRECTIVE ACTION, how
the notice of violation should not just be issued to the owner of record If there was a case where thi
owner had sold the property, it sliouid be issued to the prospective purchases as well Lastly, fie
addressed issues under XX XX,170 APPEALS, Ms Remp stated that this was cross-referenced and the
appeal process would be the same as the code enforcement appeal process, Chairman Flash then
asked if the real estate agent is responsible for giving out this information, Mr Remp stated that the
seller of the property would be the one that is ultimately responsible.
Member Buencamino-Andrews stated she agrees with idea of the buyer having the option to sign a j
waiver if they choose not to correct issues identified in this report and waiving any legal action from the i
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buyer to the seller ~
Member Turner asked if the property reportwould cover problems that have already been identified by a
city building inspector, Mr Leeper said that the reportwould cover all known building permits that were
issued o? that property and their status. Mr. Turner said that buyersv?ould likely interpret this report as
saying that the City has approved any projects on the property The details of an on-site inspection were
discussed. Mr. Turner asked about the average cost of an on-site inspection by a code enforcement
officer: Mr Leeper said it would 6e a minimum of two hours of full cosk recovery at about $198.00 an
hour The public would be notified of this optional on-site inspection through public outreach,
Member West commented that h0 wouldwelcome this ordinance as a potential buyer and see this as an
extra layer of protection He stated that tie was in favor of fhis,
Member Hieronimuswasconcernedthatifthedurfentsellerdidnofknowabouttheillegalconstruction,
was it fair to hold them responsible? Mr. Leeper ahswesed that this is one of fhe main reasons for this
ordinance to stop this kind of transfer: If the construction can be legalized 6y obtaining the proper
permits, the seller can come in ani3 get fhe proper permits to avoid costs and difficulty in the future.
Code Enforcement would apply fhe building codes that were in effect at the time the construction was
made Mr Leeper stated this ordinance is "protection" for both the buyer and the seller unaware of illega,
construction that may pose a life and safety hazard
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Public Comments:
? Richard Dascoli from Pacific SouthwestAssociation of Realtors commented that no one from the
public has read the staff report prior to this meeting.'The board will be making a decision based on
a report that Mr, Remp gave to them that "wasn't very detailed" without the board's complete
insight. Mr. Remp and Mr. Leeper stated that they will have time from now until July 9th, which is
when this needs to go to council, to meet again, to further discuss the draft ordinance if they need
to
? Dan O'Hanlon from McMillin Realty applauded the fact to provide a "voluntary on-site inspection"
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the city However, everything that was discussed is already in place in their procedures as a I
realtor Itwouldbedifficulttoexplainthis"voluntaryinspection''tothebuyerbecausethewording i
and language is complex.
? Gary Nordstrom stated he was a former Planning Commissioner and former Chair of the Growth
Management Oversight Committee. He thoughtthis ordinance would dictate to every prospective
seller that before they could sell their home they have to ensure that any upgrade or renovation j
had the proper permits, In his opinion, this would cause chaos and would deter people from
complying He asked that khe board table this issue because this information was not provided in i
a timely manner, and that the board takes acommon-sense approach to this issue that could I
cause all kinds of liabilities to buyers, sellers, realtors, and to the City of Chula Vista. I,
? Negar Mirgoli, Broker, from Abercrombie & Associates asked who would get the $70 fee from this i
report. Mr. Remp stated that the City would get most of it and a portion would go to the outside
vendor Ms. Mirgoli also commented on this issue of"properties listed within 10 days°. She noted
in today's market properties listed are Taken off within days (because they aren't selling) and
turned into rentals. Therefore, the owners of this property are paying a $7D fee that they don't need
to incur In her view, itwould make better sense that this be done priorto the close of escrow, so ~
that the $70 expense can be taken off the seller's shoulder until transaction is finalized Mr
L eeper added that this report is notdesigned to delay or sabotage a sale, butjustto make sure the
homes that sell, are safe to live in
? Mark Scott, stated as a realtor they are already required to do an "agentvisual inspection", per civil
code to see any deficiendes or' potential problems.. It's beycnd their expertise to identify the
problem as a code issue, so they get the appropriate people to inspect. He said that the law
already exists, and the city is "double-legislating" what laws are already in place. He also broughf
up XX XX.' 030 REQUIRED; and said that itwould be better to take out the word "agent" and just
leave broker, so the responsibilitywould fall only on the broker and notthe agent. He doesn't like
the fact that if is now the duty of the agenUbroker to get this report and pay for it too. Mr, Remp
stated the City and Code Enforcement are trying to protect the individuals who are buying these
individual units and the community as a whole This program would solve the illegal construction
problem through an effective exchange of information.
? Pafti McKelvy from McMillan Realty stated thatfhis would cause a problem and she disagrees. In
her opinion, it was the city's way of getting extra revenue,
? Brad Wilson, Real Estate Agent! General Contractor thought legislation should be written towards ,
the building inspectors hired to inspect these properties, insfead of the realtors
? Mark Scott stated that for a layperson it would be difficult to understand the information on these
reports. Mc Remp commented that every permit that has been issued since December 1991, are
digitized and in our automated system
? Isabel Hall from McMillin Realty stated that the city may have good intentions but California is
already a "requirement-heavy" State and this information is already available to the buyer. What
the City is doing is legislating and making it a requirement that they MUST know this information.
She said that this City does not have "compliance inspections" in place, which is something that
should be required if this ordinance passes.
' ' (Chairman Flach stepped out temporarily; Mr. West temporarily stepped in as Chair)
? Chris Lewis with McMillin Realty addressed the issue of agents! real estate community
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Minutes _ June 11, 2007,
beingthe"watchdog"on this He pointedoutthatagentsaren'tcodeexpertsandshouldn'tbeheld
accountable for submitting reports and disagrees with this ordinance. ,
? Lupe Sofo, with McMillin Realty stated she was against the ordinance, as it would create chaos.
Sellers will be discouraged from selling their properties.. In her opinion, this ordinance forces the
agent to interpret the codes and they shouldn't be put in this position because agents are not code !
experts.
? Member Turner stepped in to comment on what's been addressed so far He was in favor of
the report. He emphasized thatthis is not a "burden" to the seller, like everyone perceives itto be. I
He stressed again that the idea of this ordinance is to stop illegal construction from being passed
from one seller to another i
? John Miller, Realtor, suggested itwould be a good idea to make the inspection "official" by making
it from a city building inspecfor, then there will be no question about what is code compliant and
what is not '
? Dante Laura from Realty Executives mentioned the language pertaining to disclosure is already
incorporated into their real estate documents He cautioned the city to be prepared for an
onslaught of inspections because of this ordinance most every buyer will want one.
? Mariana Alan from McMillin Reaify said that realtors already have forms and procedures to do
this When they've encountered this problem of unpermitted construction on a home for sale, '
they've made corrections right away.
? Another realtor from McMillin Realty asked if this ordinance would exclude "for sale by owner'
properties. If it does, it will encourage sellers to sell properties on their own for a lower amount to
avoid this law and extra fees
? Richard Dascoli commented that before the Board makes a decision on this ordinance more j
research is needed because it will affect many people.
Aparoval of Ordinance: Mr, Remp asked that the Board fable this decision based on the information I
heard tonight. He suggested meeting again in 2 weeks so additional comments could be made
available. MSC {Buddingh/Andrews) (6-0-1-0) Approve motion to ta61e this ordinance until a
Special Meeting held in two weeks.
Mr Remp re-iterated that the next special meeting of Board of Appeals & Advisors will be in two weeks,
and prior to meeting, realtors need to provide us with any written comments to forward to the Board,
C Brad Remp, Assistant Director/ Deputy Building Official presented information on a proposed ordinance
for Distressed Property Registration Program, which is intended to hold lenders andlor banks responsible for
maintaining and identifying these vacant properties.. Many houses are going to foreclosure and this requires
lenders who own vacant residential homes to register properties with the City and the ordinance requires
lenders to retain the services of a local property maintenance property to respond to requests for required
maintenance
Discussion: Mr, Remp stated the city is seeing an increase in number of homes becoming
bank-owned, causing negative impact to neighbors, with properties not being maintained, and
this will help solve this problem.
? Member Buddingh thought it was a great idea and needs to be done.. He suggested several '
revisions as follows: On page four, underXXXX.050 MAINTENANCE REQUIREMENTS second
paragraph should include obligation to'lremove such markings"; on page five the fourth paragraph
should be fyped in BOLD, UnderXX,XX,060 SECURITY REQUIREMENTS, where it refersto "The
posting" it should require that the sign be: "weatherproof'; under XX,XX 070 ADDITIONAL
AUTHORITY, the last couple sentences are vague and should be looked at by the City Attorney,
? Member Turner expressed concern on enforceability and how to find out "Who's got it?"and if this
is realistically enforceable and how fhe city will track down these lenders Mr, Leeper explained th:'
with this ordinance lenders would realize that it is cheaper to hire a maintenance company t
monitor property than to pay fines from the city. Ms. Buencamino-Andrews also addressed the
issue of prosecution underXX XX,090 VIOLATION/PENALTY, and what exactly are the penalties.
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Minutes _ _ June 11.2007
Mr Leeper explained the process of civil penalties Memeber Buencamina-Andrews expressed
overall appreciation far this ordinance
? Member Turner stated language under XX XX 030 might be re-stating law already in place,
Mr Leeper said from his research with real eskate attorneys; he found out that there is no
requirement by law that the lenders record their assignments. Member Turner also noted in the j
third paragraph under XX.XX.O60, that "and" should be deleted before "24-hour". k
? Mr Richard Dascoli asked if the City Attorney has gone through this document, if not, they should.
He also felt more clarfication on the "30-mite radius" requirement page two was needed.
Aaprovaf of Ordinance: MSC (West/Buddingh) (8-0-1-0} motion to move forward with Distressed
Property Registration Program including the changes that were discussed..
4, CHAIRMAN'S COMMENTS/REPORT': None
5 BUILDING OFFICIAL'S COMMENT'SlREPORTS: 1) 'The Wild Land-Urban Interface Code dealing with
Building Code requirements for buildings in areas exposed fo potential wild land fires will be coming forward
with adoption process. 2 J L.ou EI Khazen, Deputy Building Official will betaking lead on training this Board ~
with new building, plumbing, mechanical, electrical codes effective January2008, 3) Currently still in process
of approving the New Budget for the upcoming Fiscal Year, Planning and Building has let go a significant
number of employees. 4) New City Manager appointed, Mr David Garcia 5) Mr, Romo's 2"d term expires
this month and no Longer can be re-appointed, however, he can continue to serve until a replacement member
is appointed
6, COMMUNICATIONS (ADDITIONAL BOARD COMMEN'T'S/WRIT'T'EN CORRESPONDENCE/): Member
Hieronimus addressed Property Transfer Report and issue ofwhen this ordinance passes, to consider if you
were the first seller of the home, would this report would apply to them, and addressed the merit of waiver
7 ADJOURNMENT: Member, West adjourned the meeting at 7:45 PM to a Special Meeting in two weeks on
Tuesda- y, June 26 2007 in the City Council Chambers-
BRAD REMP, GB.O.
ASST. DIR. OF PLANNIN & BUILDING/BUILDING OFFICIAL
SECRETARY T'O THE BOARD OF APPEALS AND ADVISORS
M N TES AKEN BY:
EILEEN DIMAGIBA, SR. OFFICE SPECIALIS'T' (RECORDING SECRETARY)
PLANNING & BUILDING DEPARTMENT
1:161d_NsgUudi BelllBoard of Appeals & Advisars106.11 2007m doc