HomeMy WebLinkAbout2007/04/09 Board of Appeals & Advisors Agenda ItemCITY OF CHULA VISTA
BOARD OF APPEALS AND ADVISORS
REGULAR MEETING
AGENDA
Monday — 5:15 p.m. Planning & Building Conference Room, #137 April 9, 2007
Public Services Building
276 Fourth Avenue, Chula Vista, CA 91910
CALL MEETING TO ORDER/ROLL CALL
1. INTRODUCTION OF NEW MEMBERS: RITA ANDREWS, DAVID TURNER, AND
BEN WEST
2. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM:
3. APPROVAL OF MINUTES: Regular meeting of January 8, 2007
4. NEW BUSINESS:
A. Resolution 2007-001 to change location of regular meetings
B. Board of Appeals and Advisors Ordinance Modifications
5. CHAIRMAN'S COMMENTS/REPORTS:
6. BUILDING OFFICIAL'S COMMENTS/REPORTS:
COMMUNICATIONS (PUBLIC REMARKSIWRITTEN CORRESPONDENCE):
8. ADJOURNMENT TO REGULARLY SCHEDULED MEETING ON
May 14, 2007.
BRAD REMP, C.B.O DATE
ASST. DIR. OF PLANNING & BUILDING/BUILDING OFFICIAL
SECRETARY TO THE BOARD OF APPEALS AND ADVISORS
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special
accommodations to access, attend, and/or participate in a City meeting, activity, or service, request such accommodation at least
forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact Judi Bell, Secretary,
for specific information at (619) 691-5272 or Telecommunications Device for the Deaf (TDD) at (619) 585-5647. California Relay
Service is also available for the hearing impaired.
(J:\Bld-Hsg\Judi Bell\Board of Appeals & Advisors\Agenda 04-09-07)
C
0
c
January 8, 2007
MEMBERS PRESENT:
MEMBERS ABSENT:
MEMBERS ABSTAINING
CITY STAFF PRESENT:
MINUTES OFA REGULAR MEETING
BOARD OF APPEALS -AND ADVISORS
CITY OF CHULA VISTA, CALIFORNIA
Housing Conference Room
430 Davidson Street
Flach, Romo, Monaghan, Buddingh, and Hieronimus
None
None
5:15 p.m.
Brad Remp, Building Official, Lou EI-Khazen, Deputy Building Official,
Judi Bell, Recording Secretary
OTHERS PRESENT: None
CALL MEETING TO ORDER: Chair Flach called the meeting to order at 5:15 p.m.
ROLL CALL: Members present constituted a quorum.
DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM: None
APPROVAL OF MINUTES: August 14, 2006 and November 13, 2006 (MSU 5-0)
NEW BUSINESS: Building Fee Study: Prior to the meeting, copies of the fee study were distributed
to the members for review. Mr. Remp gave an overview of the reason for a fee study to update a fee
schedule which the City must follow for its services. State law states that there has to be a
relationship between the fees charged and the services provided. The cost of the services cannot
exceed the anticipated fees which are charged. The last study was done In 2001.
MEMBERS' COMMENTS: Discussion/question session. Fee study approved with conditions
It was recommended to the City Council that the results of the building fee study proposed by staff
and Maximus Inc. be incorporated into a new Master Fee Schedule to be adopted by Council, with the
understanding that existing subsidies for fire, life, safety-related emergency repairs and for
subsidizing permit fees for photovoltaics be included in the future Master Fee Schedule.
(Romo/Buddingh) (5-0)
It was also recommended that the City Council adopt the updated valuation schedule prepared by
staff to reflect the construction values appropriate for 2007. (Budding h/Hieronimus) (5-0)
CHAIRMAN'S COMMENTS/REPORT: None
BUILDING OFFICIAL'S COMMENTS/REPORT The Building fee study is scheduled to go to Council
on January 23, 2007.
COMMUNICATIONS (PUBLIC REMARKS/WRITTEN CORRESPONDENCE): None
Board of Appeals & Advisors
Page 2
January 8, 2007
8. ADJOURNMENT: Chair Flach adjourned the meeting at 6:10 p.m. to a regular meeting
in the Housing Conference Room on February 12, 2007.
BRAD REMP, C.B.O.
ASST. DIR. OF PLANNING & BUILDING / BUILDING OFFICIAL
SECRETARY TO THE BOARD OF APPEALS AND ADVISORS
MINIkES TAKEN BY:
JUDI BELL, SECRETARY
PLANNING & BUILDING DEPARTMENT
(J:\ Board of Appeals & Advisors FY 2006-2007\01.08.2007m.doc)
RESOLUTION NO. 2007-001
RESOLUTION OF THE BOARD OF APPEALS AND ADVISORS OF THE CITY OF CHULA VISTA
CHANGING PLACE OF REGULAR MEETINGS
WHEREAS, Municipal Code Section 2.26.060-A establishes Conference Room One of the
Public Services Building at the City Hall Complex located at 276 Fourth Avenue, Chula Vista as the
place for the Board of Appeals and Advisors to hold its regular meetings; and
WHEREAS, Municipal Code Section 2.26.060-A provides for a change in location upon adoption
by the Board/Commission/Committee of a written resolution, which adoption shall be recorded in the
minutes of the Board/Commission/Committee and a copy of which resolution shall be forwarded to the
City Council; and
WHEREAS, the Board/Commission/Committee wishes to change its meeting location to
Conference Room #137 of the Public Services Building at the City Hall Complex located at 276 Fourth
Avenue, Chula Vista.
NOW, THEREFORE, BE IT RESOLVED that the Board of Appeals and Advisors of the City of
Chula Vista, pursuant to Municipal Code §2.26.060, does hereby change the location of its regular
meetings to Conference Room #137 of the Public Services Building at the City Hall Complex located at
276 Fourth Avenue, Chula Vista.
Approved as to form by
Anne Moore
City Attorney
Resolution 2007-001
April 9, 2007
Page 2
PASSED, APPROVED, and ADOPTED by the Board of Appeals and Advisors of the City of
Chula Vista, California, this 9th day of April, 2007, by the following vote:
AYES: Commissioners: Flach, Romo, Buddingh, Hieronimus, Andrews, Turner, West,
NAYS: Commissioners:
ABSENT: Commissioners: G
Matt Flach, Chair
ATTEST:
115�1�4f�
Brad Remp, Comm' sion Secretary
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Brad Remp, Secretary of the Board of Appeals and Advisors of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 2007-001 was duly passed, approved, and adopted by
the Board of Appeals and Advisors at its regular meeting held on the 9th day of April 2007.
Executed this 91h day of April, 2007.
Brad Remp, Co*in Secretary
CITY OF
CHULA VISTA
March 9, 2007
TO: Board and Commission Members
FROM: Susan Bigelow, MMC, City Clerk
RE: City Clerk's Board and Commission Project
MEMORANDUM
OFFICE OF THE CITY CLERK
I wanted to let each of you know about a project I embarked upon about two years ago that is now
nearing completion. As you know, the City Clerk is charged with assisting the Mayor and Council in
the selection and appointment process for all 22 boards and commissions. We also post notices of
vacancies, maintain your official minutes and resolutions in our vault, and assist with many other
aspects of the day-to-day administration of boards and commissions, including training new
members and secretaries. To that end, the City Clerk has published for many years a "Handbook for
Board and Commission Members," a copy of which you received when you were appointed.
While preparing materials to publish the most recent handbook (2004), it became apparent that there
is little consistency in the City's rules governing boards and commissions. Rules are scattered
throughout several sources: the City Charter, the Municipal Code, the Council Policy Manual, and
Council minutes. Eighteen of the 22 boards and commissions are created in Title 2 of the Municipal
Code. Only one of the four Charter -created boards/commissions is included in Title 2, and one board
is created in Title 19, rather than Title 2. The Council Policy Manual currently contains 14 policies
relating to boards and commissions.
With slight but often significant variations, much of the same language is repeated in each chapter of
the Municipal Code creating a board or commission on topics such as appointment, vacancies,
meeting and attendance requirements, and the obligation to prepare and present annual reports.
Some rules contained in the Code or Policy Manual conflict with Charter rules, which must prevail.
Some rules are overlapping, redundant or no longer apply. The scattered and inconsistent rules
create confusion among staff, elected officials, the public, and among the persons most affected by
the rules — you, the many volunteer appointees to the boards and commissions.
In 2005, in conjunction with the Senior Assistant City Attorney and a legislative consultant, I
launched a project to consolidate, simplify and clarify the myriad of rules governing boards and
commissions in order to reduce the confusion and provide consistent treatment for all boards and
commissions where the law and policy allow. After two years of study, I am preparing to propose
Municipal Code amendments to the Council to accomplish this goal, and I wanted you to be aware of
the kinds of amendments I will take forward. I also want to assure you that I will not be proposing
any changes to your purpose, functions, duties or objectives.
f
C
Basically, my proposal will be to:
A. Adopt uniform, consistent general rules governing all boards and commissions, unless
the Charter or a specific purpose requires otherwise, and place them in one location for easy
reference. The proposed general rules are drawn primarily from consolidating existing rules located
in Municipal Code Chapters 2.26 through 2.46. Others are repeated from Charter provisions
governing boards and commissions. Some of the rules are drawn from existing Council policies.
The general rules will address a broad range of topics (I have attached the draft table of contents) that
affect boards and commissions, such as appointment, reappointment, vacancies, and attendance
requirements. The rules will also clarify subjects that have caused confusion, such as quorum
requirements, the intent of the terms "entire membership" and "qualified elector" used in the Charter,
and the effective date of taking office in order to determine the length of service in un -expired terms.
B. Amend the Municipal Code and rescind 11 Council Policies to eliminate redundant
language that appears better suited for the general rules.
C. Add three currently omitted Charter -based commissions (Board of Library Trustees,
Civil Service Commission and Parks and Recreation Commission) as Chapters 2.43, 2.45, and 2.47
into Title 2 of the Municipal Code so that Title 2 references all boards and commissions.
D. Move the establishing clauses for the Design Review Committee from Title 19 to
Title 2, again so that Title 2 references all boards and commissions.
There are a few outstanding questions on a handful of boards and commissions, and these questions
are being further discussed with staff liaisons and the individual boards and commissions. For
example, the Safety Commission has voted to recommend a name change to the Traffic Safety
Commission to more accurately reflect its scope of duties, and this recommendation will be included
in my report to the Council. The membership for the Nature Center Board of Trustees was
established as five to nine members, but the lack of specificity has caused confusion regarding
membership and quorum requirements. On recommendation from the Nature Center Director, I will
recommend that the membership be set at 7.
The next step will be for the Council legislative subcommittee to review and discuss the
recommendations, and then they will be presented to the full Council. I am happy to address any
questions or concerns you may have. Please feel free to give me a call at 691-5041.
1. Board of Appeals and Advisors (CVMC Chapter 2.26)
Background. Current CVMC 2.26.010 creates the Board of Appeals and
Advisors, an advisory body whose duties include hearing appeals from staff decisions
pertaining to the various uniform codes that the City adopted in Title 15 of the Municipal
Code. Significantly, instead of referring to the Board of Appeals and Advisors created in
Title 2 of the Municipal Code, several sections in Title 15 purport to "re-create" this
board. Additionally, the functions and duties of the Board appear to be more than
advisory in some areas; and, Chapter 2.26 lacks clarity and specificity in spelling out the
functions and duties of this Board, especially as they pertain to the Board's duties in
hearing appeals from staffs decisions under each of the uniform codes adopted by the
City.
Issues: Should the several sections of Title 15 that purport to "re-create"
the Board of Appeals and Advisors be amended to eliminate their "re-creation" of this
Board and to refer the reader to Chapter 2.26 for a description of this Board? Should the
description in Chapter 2.26 of the Board of Appeals and Advisors' functions and duties be
amended to clarify the Board's role in hearing appeals and to clarify its duties generally?
Recommendations: The City Clerk, in collaboration with the Building
Official and Director of Planning and Building, recommends that CVMC 15.08.030,
15.10.030, 15.16.030, 15.18.030, 15.20.030, and 15.24.015 be amended to eliminate the
"re-creation" of the Board of Appeals and Advisors and instead have those sections refer
to the Board as created in CVMC 2.26. In addition to the amendments to Chapter 2.26
that will make this Board and all other City boards and commissions subject to the new
General Rules, it is also recommended that Chapter 2.46 be amended to clarify the duties
and functions of this Board.
f