HomeMy WebLinkAboutReso 1966-4235RESOLUTION N0. 4235
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AFFIRMING THE PRINCIPLE OF HOME RULE FOR THE CITY OF CHULA
VISTA IN THE ESTABLISHMENT AND ENFORCEMENT OF ITS BUILDING
CODE AND OPPOSING THE RECOMMENDATIONS FOR THE CREATION OF
STATE OR FEDERAL BUILDING CODES
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City of Chula Vista has historically considered
that the interests, safety, and welfare of its citizens is best pro-
tected by laws, ordinances and codes initiated, enacted and enforced
by the elected, appointed, and Classified Service employees of the
City of Chula Vista, and
WHEREAS, the character, population, topography, climate,
and desires of the people of Chula Vista combine to present special
problems and benefits, in the area of Building Code activity, not
necessarily identical to these same characteristics in other cities
and counties in the State of California, and therefore requiring codes
that take these characteristics into account, and
WHEREAS, the Federal and State governments appear to be
considering the enactment of building codes so as to create a State
Building Code that would be mandatory throughout the State of Calif-
ornia and to be written, amended, and interpreted by the State or
Federal government which would greatly reduce home rule, and
WHEREAS, the enactment of such State or Federal Building
Codes, that are to be mandatory in any way or in any circumstance
upon the City of Chula Vista, would not be in the interest, safety,
or welfare of the citizens of Chula Vista and would remove from the
citizenry ready accessibility to the administration of the Building
Code and participation in the code writing processes, and this re-
moval of home rule would be a great inconvenience to the public
that would have to go to Sacramento for policy decisions. The
citizens of Chula Vista would have no voice in the administration
of code enforcement, and
6.1HEREAS, the writing of the Building Code and its nterpret-
ation in Sacramento could lead to establishment of lower standards
of safety than that required by Chula Vista, since a State code would
be based upon the state-wide code level, and could, in some instances,
be unrealistically restrictive, and
WHEREAS, at no time has it been demonstrated that there
exists a need in California for a mandatory State Code, but rather
that a great deal of uniformity does exist by the concerted efforts
of the building officials acting for and in the interest of their
cities and counties, yet working toward a common goal of uniform
interpretation, and
WHEREAS, there has been no national support engendered for
the Federal attempts to preempt the field of building codes, either
by the architectural or engineering professions, producers or distri-
butors of building materials, or virtually any other major segment
of industry, and
WHEREAS, the activities of the State Building Standards
Commission of the State of California, in compiling a single set of
code requirements for use of State agencies, which requirements will
be the minimum requirements for all jurisdictions, are very worth-
while, provided that the present right of the local governmental
agencies to adopt ordinances equal to or more restrictive than these
minimum requirements is retained.
-1-
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that said Council does hereby oppose the activities
of the State of California and the Federal government that are directed
toward the preemption of local government control of building code
activities in its broadest sense, and
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula Vista be, and he is hereby directed to forward certified copies
of this Resolution to the Honorable Edmund G. Brown, Governor of
California, representative members of the State Legislature, and
officals of the Federal government, with the request that they con-
sider the position taken by the City of Chula Vista and the basic
principle of local self-government as essential in the field of
building activity.
Presen by J
.l /~
-~~~ C/
Fred A. Ross, Chie Administrative
Officer
Approved as to ferm,b~y
~/ ~
George D Lindberg, City Attorn y
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ADO?yED r~ND APPROVF;D b_v the CITY COC'NC11: of the CITY OF CHULA VISTh,
CALtFGRNIA, this _15th _ day of November ~~~~~ Ig66 by the rollowing vote,
to-wit;
AYES;. Councilmen __Sparling, Sylvester, Anderson, McAllister, McCorquodale
NAYES~ Counncilmen None
ABSENTS Councilmen None
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yoi of the~~ity of China Vista
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ATTEST ~' n ~''
Q....-t-~-.z_.. i' ~6t..c
~. City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGG i ss,
CITY OF CHUiA VISTA y
I, KENP~TH ?, C.ti.'~TEBEL~, City Clerk of the City of Chula Vista, California,
DO HEREBY CERTIFY that the abo:~e ar.d foregoing is a full, true and. correct copy of
and that the same has not been amended
or repealed.
DATED
City Clerk