HomeMy WebLinkAbout1994/09/19 Board of Appeals & Advisors Agenda Packet
Item 112
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MINUTES OF A REGULAR MEETING
BOARD OF APPEALS AND ADVISORS
CITY OF CHULA VISTA, CAUFORNIA
July 11, 1994 Conference Room No. 1 5:15 p.m.
MEMBERS PRESENT: Chairman Gingerich, Vice Chairman Triplette, Board
Members Fabrick and Harter
MEMBERS ABSENT: Board Members COlemarylLeonard
CITY STAFF PRESENT: Assistant Director of Building and Housing Remp and
Administrative Secretary Uybungco
GUEST: Marshall "Ty. Compton - Newly Appointed Member
(Will be sworn in at the Council Meeting of July 12,
1994)
CALL MEETING TO ORDER: Chairman Gingerich called the meeting to order at
5:17 p,m.
ROLL CALL: Members present constituted a quorum.
1. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM:
MSUC GingerichlTriplette (4-0) to declare the absence of Board Member Coleman
as unexcused.
MSUC GingerichlHarter (4-0) to declare the absence of Board Member Leonard
as unexcused.
2. APPROVAL OF MINUTES: MSUC Fabrick/Harter (4-0) to approve the minutes
of June 13, 1994 as submitted.
3. NEW BUSINESS: None
Item 1/2
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Board of Appeals & Advisors -2- July 11, 1994
4. DIRECTOR'S COMMENTSIREPORT:
A. Report on Proposal to Establish by Title, an Access Appeals Board to
Hear Complaints Relating to Disabled Access as per Health and Safety
Code, Section 19957.5 (Continued from the Meeting of June 13, 1994)
Assistant Director of Building and Housing recapped the discussion from
last month's meeting for the benefit of Mr. Compton. When exemptions for
disabled access compliance are granted, the decision must be ratified by
the Access Appeals Board. The makeup of the Board is specified in the
Health and Safety Code to ensure that appropriate sensitivity is covered.
Assistant Director of Building and Housing Remp pointed out the
discrepancy of the "sub-board" concept under illustration no. 2. The
Access Appeals Board will be an autonomous board with the possibility of
dual membership.
Chairman Gingerich informed the members that the Board's action will be
forwarded to the City Council as a recommendation and the final decision
will be made by the Council. Chairman Gingerich further informed the
members that consideration must be given to the following factors prior to
making a recommendation: (1) cost to maintain the new Board, (2)
meeting dates and times, (3) agenda setting, (4) chairing of the new Board.
Board Member Harter questioned the legality of option no. 3 for expansion
of the current Board of Appeals and Advisors to a 10-member board.
Board Member Harter further suggested the revision of option no. 2 to
include as many members as possible from the current Board of Appeals
and Advisors on the Access Appeals Board in order to reduce staff support
costs. The current illustration suggested that only three members
maximum could have dual membership.
The Board discussed the possible meeting dates and times and it was
preferred that the Access Appeals Board would meeting either immediately
prior to or immediately following the meeting of the Board of Appeals and
Advisors, and meetings will be called on an as needed basis.
At the conclusion of the discussion, staff was instructed to modify option
no. 2 as stated above by Board Member Harter and to retum to the Board
at the next meeting.
Item 112
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Board of Appeals & Advisors -3- July 11, 1994
B. Status Update Report on Proposal to Identify the Board of Appeals and
Advisors IS Final Appellate Body for Cases Relating to Abandoned,
Wrecked, Inoperative Ind DlsmanUed Vehicles or Parts thereof
(Continued from the Meeting of June 13, 1994)
Chairman Gingerich advised staff of an error on page 7 of 11 of the
attachments for this item. The correction was noted by staff.
Assistant Director of Building and Housing Remp stated that since the last
meeting, staff has had an opportunity to discuss this issue further with the
City Attorney's Office. Staff will use a more generic term 'City Abatement
Officer' to replace the current language of 'Zoning Enforcement Officer'.
Also, the Board was informed that staff is still researching the internal due
process administrative review procedure.
It was further explained to the Board that staff's initial intent was to update
the Ordinance to make the Board of Appeals and Advisors the final
appellate body; however, staff's research has discovered that additional
revisions to the Ordinance language and due process procedures may
become necessary. The reason this item was brought to the Board's
attention prior to completion was to save time by having the Board and the
Attorney's Office provide simultaneous feedback.
Concerns were expressed by the Board regarding the short period of time
given to the property and/or vehicle owners.
Assistant Director of Building and Housing Remp informed the Board that
staff will review the recommendations provided by the Board and the City
Attorney's Office and will return to the next meeting with the changes.
C. Report on Proposal to Adopt the Uniform Code for the Abatement of
Dangerous Buildings (Tabled from the Meeting of June 13, 1994)
The Board was informed that staff is recommending that this item be held
until the filling of the Senior Code Enforcement Officer position and the
adoption of the 1994 Model Codes. Comments and/or suggestions are
welcomed and staff will perform the necessary research/follow-up.
Item 112
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Board of Appeals & Advisors -4- July 11, 1994
5. COMMUNICATIONS (PUBLIC REMARKS/WRITTEN CORRESPONDENC~:
A. Chairman Gingerich read to the Board a memorandum which was
forwarded to his attention by the Mayor. The memorandum reminded
Boards/Commissions/Committees that items of interest of the B/C/C may
be provided to the City's Public Information Coordinator (Jeri Gulbransen)
or to the local media.
B. Vice-Chairman Triplette declared his absence from the August Meeting due
to vacation schedule.
C. Newly Appointed Board Member Compton also declared his absence from
the August Meeting due to vacation schedule.
6. ADJOURNMENT: Chairman Gingerich adjoumed the meeting at 6:25 p.m. to the
next regular meeting scheduled for August 8, 1994.
KENNETH G, lARSEN, C,B,O.
DIRECTOR OF BUILDING AND HOUSING
SECRETARY TO THE BOARD OF APPEALS AND ADVISORS
BY: ~~./~ /?
BRAD REMP, C,B,O, ~
ASSISTANT DIRECTOR OF BUILDING AND HOUSING
.J£LjM
YEELlN UYBU GCO
ADMINISTRATIVE SECRETARY
DEPARTMENT OF BUILDING AND HOUSING
COMPUANCE WITH AMERICANS WITH DISABIUTlES ACT
The City of Chula Vista, In complying with the AmerIcans with Disabilities Ad (ADA), request Individuals who
require special accommodation to access, attend, and/or participate In a City meeting, activity, or service,
request such accommodation at least forty-elght (48) hours In advance for meetings and five (5) days for
scheduled services and activities, Please contact Yeelin Uybungco, Administrative Secretary, for specific
information at (619) 691-5007 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5647. California
Relay Service Is also available for the hearing Impaired,