HomeMy WebLinkAbout1994/09/19 Board of Appeals & Advisors Agenda Packet (2)
Item 113A
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DRAFT
COUNCIL AGENDA STATEMENT
ITEM:
MEETING DATE: 9/27/94
ITEM TITLE: Ordinance Establishing an A~ Appeals Board
SUBMITTED BY: Director of Building and Housin~C'ò- ~)"t
REVIEWED BY: City Manager 4/5ths Vote: (Yes _ No 20
BACKGROUND:
The California Code of Regulations, Health and Safety Code mandates the creation of
an Access Appeals Board to hear written appeals brought by any person regarding
action taken by the Building Department of the City in enforcement of the requirements,
Section 19957,5 of the Health and Safety Code explicitly dictates the makeup of such
a Board, The Health and Safety Code specifically calls for a five member board, with
the following requirements: "two members of the Access Appeals Board shall be
physically handicapped persons, two members shall be persons experienced in
construction, and one member shall be a public member".
The Department of Building and Housing staff have brought forth this requirement to the
Board of Appeals and Advisors for consideration and endorsement. The Board of
Appeals and Advisors reviewed staff's proposals at the meetings of June 13, 1994 and
July 11, 1994, and final approval action was taken on September 19, 1994,
RECOMMENDATION: That the City Council:
1, Place the Ordinance on its first reading,
2, Direct the City Clerk, after the second reading and adoption of the Ordinance, to
solicit applications for the Access Appeals Board,
3, Refer to the budget process the issues of funding for the Access Appeals Board
itself, as well as the issue of staff support,
BOARD/COMMISSION RECOMMENDATION:
The Board of Appeals and Advisors has reviewed staff's proposed Ordinance and
recommends its adoption,
DISCUSSION:
Membership: Department of Building and Housing staff presented several options to the
Board of Appeals and Advisors for the creation of the Access Appeals Board. The Board
of Appeals and Advisors discussed the options presented at its meetings of June 13,
1994 and July 11, 1994, The Board of Appeals and Advisors at its meeting of
September 19, 1994 endorsed the creation of the Access Appeals Board, It was
recommended that the Access Appeals Board shall be established by including as many
members from the Board of Appeals and Advisors as possible in order to reduce costs
(dual membership), It is ~that three of the five positions of the Access Appeals
Board be filled by members {of the Board of Appeals and Advisors,
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Frequencv of Meetinas: The Access Appeals Board shall meet on an as-needed basis,
as determined by the filing of disabled access complaints, but not more than one
meeting each month. Staff anticipates approximately six to twelve appeals annually,
Support Staff: The Department of Building and Housing is recommending that the
Director of Building and Housing be recognized as the "Secretary to the Access Appeals
Board", However, the Department's Administrative Secretary would serve as the clerical
support for the Board,
FISCAL IMPACT:
The Operational Budget of the Access Appeals Board is estimated at approximately $500
annually, to cover supplies, copying, postage and publication costs, The exact budget
amount will be determined after establishment of the Board.
IYU
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*** draft ***
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER
2.27 TO THE CHULA VISTA MUNICIPAL CODE ESTABLISHING AN
ACCESS APPEALS BOARD
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: That the Chula Vista Municipal Code is hereby amended by adding a new
Chapter 2,27 to read as follows:
CHAPTER 2,27 ACCESS APPEALS BOARD
Section 2.27.010 Creation.
There is hereby created an Access Appeals Board,
Section 2.27.020 Definition.
The following terms shall be interpreted and construed as set forth herein:
A. "Disabled" shall be as defined in the 1990 Americans with Disabilities Act,
B, "Building Official" shall be the Director of Building and Housing
Section 2.27.030 Purpose and Intent.
It is the purpose and intent of the City Council in establishing the Access Appeals
Board to create a body to conduct hearings on written appeals and may approve
or disapprove interpretations and enforcement actions taken by the Building
Department of the City as necessitated by the language in the California Code of
Regulations, Health and Safety Code, Section 19957,5,
Section 2.27.040 Functions and Duties.
The functions and duties of the Access Appeals Board shall be as follows:
A. Conduct public hearings regarding disabled access cases/complaints and
provide a final decision.
B, To ratify the decision of the Building Official to exempt unreasonable
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hardship cases due to the lack of equivalent facilitation,
Section 2.27.050 Membership.
A. Number of Members,
The Board shall consist of five (5) Voting Members, one (1) Staff Ex-officio
Member, and such other General Ex-officio Members as the City Council
shall, from time-to-time appoint.
B. Designation of Members.
1. Voting Members,
The five (5) Voting Member shall be appointed by the City Council
from the qualified electors of the City in accordance with the
provision of Section 600, et seq, of the Charter, who shall be
residents of the City and who shall, throughout their term, maintain
their residency and elector status, Furthermore, the membership
must also meet the criteria as set forth in the Health and Safety
Code, Section 19957,5, as follows: two members shall be physically
handicapped persons, two members shall be persons experienced
in construction and one member shall be a public member,
2. Staff Ex-officio Member.
The one (1) Staff Ex-officio Member shall be the City Manager or his
designated representative, who shall not be required to be a
qualified elector of the City, and who shall have no vote ('Staff Ex-
officio Member"),
3, General Ex-officio Member,
The City Council, or its designee, may appoint such additional Ex-
officio Members of the Board as they deem appropriate, who shall
not be required to be qualified elector(s) of the City, but any such
appointed Ex-officio Members shall have no vote ('General Ex-officio
Member'),
Section 2.27.060 Term of Office.
A. Term of Office - All Classes of Members,
1, Except as otherwise provided in this Subsection A, the term of
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Office of all Members, and all classes of Members, of said Board
shall be for a nominal period of four (4) years, and shall terminate
on June 30th of the fourth (4th) year of their term, unless they shall
otherwise sooner resign, die, become disqualified or incompetent to
hold Office.
2. Terms of Existing Voting Members,
Notwithstanding Subsection A,1, the terms of existing Voting
Members of the Access Appeals Board shall conclude for one (1)
Voting Member on June 30, 1995, for one (1) Voting Member on
June 30, 1996, for one (1) Voting Member on June 30, 1997 and for
two (2) Voting Members on June 30, 1998, unless they shall
otherwise sooner resign, die, become disqualified or incompetent to
hold Office,
3, Staff Ex-officio Member,
The term of the Staff Ex-officio Member shall be indefinite, and
he/she shall serve at the pleasure of the Council.
4, General Ex-officio Member,
The term of the General Ex-officio Members shall be for a period of
four (4) years from the time of appointment.
5. Holdover Office.
Notwithstanding the end of any Member's term as herein provided,
a Member, other than the Staff Ex-officio Member, shall be permitted
to continue to exercise the privileges of his or her former Office for
not longer then two (2) months after the end of the term until the
Office to which the Member was appointed is filled by
reappointment of a qualified successor,
6, Vacancies,
Notwithstanding the term of Office to which a Member is appointed,
said Office shall be deemed vacant upon any of the following events
("Event of Vacancy");
a. The death or disability of said Member that renders said
Member incapable of performing the duties of Office,
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b, The Member's conviction of a felony or crime involving moral
turpitude,
c, The Member's absence from three (3) regular, consecutive
meetings of the Board, unless excused by majority vote of
the Board expressed in its official minutes,
d, The Member has submitted a resignation which resignation
has been accepted by the City Council.
e, The Membership has been terminated by three affirmative
votes of the City Council.
Upon the occurrence of an Event of Vacancy as hereinabove listed,
the City Council shall so declare the Office to be vacant, and shall
expeditiously take such steps as necessary to fill said vacancy,
B, Number of Terms,
1. Voting Members,
a, Two Term Umit. No Voting Member shall be appointed to
more than two (2) terms except as herein provided ("Two
Term Umit"),
b, Unexpired Term Exception. Notwithstanding the Two Term
Umit, a person appointed to the Board as a Voting Member
to fill the unexpired term of an Office of a Voting Member
which as become vacant ("Unexpired Term") which has less
then two (2) years remaining on said Unexpired Term, may
be appointed to two (2) terms in addition to their Unexpired
Term. A Voting Member who currently occupies an Office
may not be reappointed to fill the Unexpired Term of another
Office which has become vacant.
c. Any Voting Member may be reappointed to serve on the
Board after two (2) successive years of not serving on the
Board in any Office or Membership capacity - Voting or Staff
Ex-officio,
2. General Ex-officio Members,
A General Ex-officio Member may be reappointed without limitation
as to number of terms,
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Section 2.27.070 Operation of Board.
A. Frequency, Time and Place of Regular Meetings,
The Board shall meet on an as-needed basis, as determined by the filing
of disabled access complaints, but not more than one meeting each
month. The meeting shall commence at a time designated by the Chair or
at 4:00 p,m, on the Second Monday of each month, immediately prior to
the Board of Appeals and Advisors meeting, or at such other day and time
that it shall designate in written resolution, a copy of which shall be
forwarded to the City Council and entered in the minutes of the meeting
thereof, in Conference Room One of the Public Services Building at the
City Hall Complex located at 276 Fourth Avenue, Chula Vista, or at such
other place that it shall designate by written resolution, a copy of which
shall be forwarded to the City Council and entered in the minutes of the
meeting thereof, or at such place as may be posted upon the door of said
Conference Room at least thirty (30) minutes in advance of the meeting.
B, Officers and Board,
The Board shall select a Chairperson and a Vice-Chairperson from among
its Voting Members annually at its first meeting in July of each fiscal year,
The Chairperson and Vice-Chairperson so selected shall serve for a period
of one (1) year,
C, Special Meetings,
The Board may meet specially at such other time, days and places as it
shall establish by majority vote, or at such time as the Chairperson thereof
may call, or at such times as a majority of the members thereof may call
a meeting,
D, Conduct of Meetings,
The meetings of the Board, and notice thereof, shall be governed by the
same rules and regulations by which the City Council is bound in the
conduct of the public meetings,
E. Quorum,
Three (3) Voting Members shall constitute a quorum for the transaction of
business,
F, Resolutions,
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The affirmative vote of a majority of the entire membership shall be
required for the passage of any resolution of the Board,
G, Reports and Recommendation,
All reports and recommendations shall be made in writing.
H, Staff Support,
All Officers and Department Heads shall cooperate with and render
reasonable assistance to the Board, The City Manager may make
available staff and clerical support to the Board to fulfill its functions and
duties, provided such staff and clerical support is available.
I. Rules and Regulations,
The Board may make such rules and regulations not inconsistent with the
provisions of this Chapter,
J, Gifts and Grants,
The Board may, subject to the approval of the City Council, accept gifts
and grants from any source to assist it in the performance of its functions,
K. By-Laws,
The Board may pass such other further rules and regulations regarding the
internal affairs of the Board as are not inconsistent with the terms and
conditions of this Chapter,
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