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HomeMy WebLinkAbout1998/01/12 Board of Appeals & Advisors Minutes ^ MINUTES OF A REGULAR MEETING BOARD OF APPEALS AND ADVISORS CITY OF CHULA VISTA, CALIFORNIA January 12, 1998 Conference Room No. 1 5:15 p.m. , MEMBERS PRESENT: Chairman Triplette, Vice-Chairman Gingerich, Board Members Fabrick, Harter, Kaya, O'Neill and Compton MEMBERS ABSENT: None CITY STAFF PRESENT: Director of Building & Housing Larsen and Administrative Secretary Uybungco CALL MEETING TO ORDER: Chairman Triplette called the meeting to order at 5:15 p.m. ROLL CALL: Members present constituted a quorum. 1. DECLARATION OF EXCUSED/UNEXCUSED ABSENTEEISM: N/A 2. APPROVAL OF MINUTES: Chairman Triplette opened the floor for a motion to approve the Minutes from the November 10, 1997 Meeting. Vice-Chairman Gingerich moved to approve the Minutes. Board Member Harter addressed the Board through the Chair that page 2 of the Minutes violated Robert's Rules, Section 38 (the same motion made twice at the same meeting). Director Larsen acknowledged Mr. Harter's comment. Director Larsen informed the Board that if in fact a procedural error was made that staff may have to bring Item No. 3A (Code Enforcement Effectiveness Program) back to the Board. Director Larsen presented the Board the option to not approve the Minutes until staff researches the issue further with the City Attorney's and/or the City Clerk's Offices. Board Member Harter moved to withdraw the existing motion to approve the Minutes and asked for a new motion. · Board of Appeals & Advisors -2- January 12, 1998 Board Member O'Neill inquired whether the item must be posted again in order for the Board to make a motion on the Code Enforcement Effectiveness Program. Director Larsen advised that Board that the item has been set for the City Council Meeting of January 20, 1998. In the event the Board does not approve the Minutes, which will withdraw the approval of the Program, staff will need to revise the Council Agenda Statement to reflect that accordingly. Board Member Harter moved to approve the Minutes of November 10, 1997, except for Item No. 3A. MSUC (Harter/Gingerich) (7-0) to approve the Minutes of the Meeting of November 10, 1997, except for Item No. 3A. Chairman Triplette stated that approval of the Minutes for Item No. 3A will be carried over until staff reports on the findings. Board Member O'Neill stated that in order to give staff a level of confidence in reporting to Council, an unofficial vote could be made for approval of the Program. Mr. O'Neill pointed out that only four Members were present at the last meeting and that he was familiar with the Program through his participation with the Planning Commission. Board Member Compton stated that the Board discussed the possibility of a meeting prior to the holidays; however, due to conflict of schedules, a meeting was not scheduled. Director Larsen reminded the Board Members that the Program is set as a Public Hearing and Members of the Board are welcomed to attend the Council Meeting of January 20, 1998 and could address the Council at the meeting. Board Member O'Neill withdrawn the suggestion of a straw vote. 3. NEW BUSINESS: A. Proposed Ordinance Changes to Pool Enclosure Requirements: - Chairman Triplette deferred the item to Director Larsen. Director Larsen briefly explained the contents of the packet, which contained the following: (1) Staff Report; (2) Proposed Ordinance Amendment; and, (3) Legislative Interpretation. The Board was informed that the proposed changes are only applicable for swimming pools of single family dwellings, not for apartments, condominiums nor other commercial uses. ^ Board of Appeals & Advisors -3- January 12, '1998 Board Member Harter requested clarification for the requirement of gate latches. Chairman Triplette requested clarification on the allowable use of battery operated alarm systems. Vice-Chairman Gingerich expressedc;oncerns of battery operated systems and the maintenance of battery replacements. Board Member O'Neill commented that the Board cannot legislate human behavior. Director Larsen acknowledged the concerns expressed. Director Larsen stated that builders will place hard wiring systems for new dwellings which will be aesthetically driven. However, battery operated systems must be allowed for existing structures. Board Member O'Neill inquired about the requirements for french doors and sliding glass doors. Board Member Harter stated that there are self closures for glass doors. Director Larsen reminded that Board that all installations must be subject to the approval of the Director of Building and Housing. Director Larsen advised the Board that the proposed changes are for minimum standards; however, the Board is empowered to make amendments to the Ordinance prior to approval for adoption. Board Member Harter made a motion to delete item b from page 4 of the proposed Ordinance which reads..."The pool shall be equipped with an approved safety pool cover." Chairman Triplette opened the motion for discussion. Board Member O'Neill stated that the cover served two functions; (1) to keep pool clean and warm, and (2) should be able to withstand a person's weight. Mr. O'Neill added that it would be reasonable to require the installation of an alarm inconjunction with the pool cover. Mr. O'Neill inquired whether the cover will alleviate the requirement for perimeter fencing. Director Larsen responded that regardless of the placement of a cover, the perimeter fencing must still be in place. Board of Appeals & Advisors -4- January 12, 1998 MSC (Harter/O'Neill) (5-2) (Triplette and Gingerich opposed) to delete item b on page 4 of the Proposed Ordinance. MSUC (Harter/Gingerich) (7-0) to accept Staff's recommended Ordinance Changes to Pool Enclosure Requirements with the above amended item. 4. CHAIRMAN'S COMMENTS/REPORT: None 5. DIRECTOR'S COMMENTS/REPORT: A. Major Project Status - Report and Update for 1998: Director Larsen informed the Board that the item will be carried over to the next meeting. At the next meeting staff will provide maps depicting the development in the eastern territories, along with a table listing the developments. 6. COMMUNICATIONS (PUBLIC REMARKS/WRITTEN CORRESPONDENCE): None 7. ADJOURNMENT: Chairman Triplette adjourned the meeting at 6:05 p.m. to the next regular meeting scheduled for February 9, 1998. ~~.~, KENNETH G. LARSEN, C.B.O. DIRECTOR OF BUILDING AND HOUSING SECRETARY TO THE BOARD OF APPEALS AND ADVISORS ,,~ Minutes Taken By: - YEELlN UYBUNGCO ADMINISTRATIVE SECRETARY DEPARTMENT OF BUILDING AND HOUSING