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Home My WebLink About1994/09/19 Board of Appeals & Advisors Minutes MINUTES OF A REGULAR MEETING BOARD OF APPEALS AND ADVISORS CITY OF CHULA VISTA, CALIFORNIA September 19, 1994 Conference Room No. 1 5:15 p.m. MEMBERS PRESENT: Chairman Gingerich, Vice-Chairman Triplette, Board Members Coleman, Compton, Fabrick and Harter MEMBERS ABSENT: None CITY STAFF PRESENT: Director of Building and Housing Larsen, Assistant Director of Building and Housing Remp, Administrative Secretary Uybungco GUEST: Interim Senior Code Enforcement Officer Elias 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: N/A Note: Chairman Gingerich reminded Board Members to notify staff in the event of an absence prior to 5:00 p.m. 2. APPROVAL OF MINUTES: MSC Fabrick/Harter (5-0-1) (Compton abstained _ was not a member at that time) to approve the minutes of July 11, 1994 as submitted. Note: Chairman Gingerich requested a notation that page 2, paragraph 4 of the July 11, 1994 Minutes to read as follows: "Chairman Gingerich further informed the members that consideration R*ISt shall be given to the - following factors prior to making a recommendation:...." Board of Appeals and Advisors -2- September 19, 1994 3. NEW BUSINESS: A. Recommendation to City Council to Establish an Access Appeals Board to Hear Complaints Relating to Disabled Access as per Health and Safety Code, Section 19957.5. Director of Building and Housing Larsen informed the Board that the Mayor is amiable to dual membership and is sensitive in appointing the members for the Access Appeals Board in order to meet the requirements as set forth by the California Code of Regulations, Health and Safety Code. Director of Building and Housing Larsen informed the Board that cost ramification of establishing the autonomous Access Appeals Board has been considered by staff and that it is estimated at approximately $500 to support the copying, postage and publications costs. However, if there was no reciprocity than the support cost is estimated at approximately $2,500-$3,000. Ideally the Chair of the Access Appeals Board would attend the same meetings as the Chair of the Board of Appeals and Advisors. It was further explained that the original intent of staff to create the Access Appeals Board as a sub-board was not supported by the Attorney's Office. The Health and Safety Code calls for an autonomous board or Council to act as the hearing body. Decisions of the Access Appeals Board are not to be appealed to Council, but directly to the magistrate. Members of the Board of Appeals and Advisors may be appointed dual membership on the Access Appeals Board if interested, but must file an application in order to be considered. Staff is proposing that the Access Appeals Board meet at 4:00 p.m. (prior to the Board of Appeals and Advisors' meeting) if an application for an appeal is filed. However, in the event appeals have not been filed, staff anticipates the Access Appeals Board would meet on a quarterly basis. Director of Building and Housing Larsen pointed out to the Board that a draft Ordinance to create the Access Appeals Board has been distributed for review. The language on the draft Ordinance reflects language of the Ordinance creating the Board of Appeals and Advisors. Chairman Gingerich questioned that in the event a member holds dual membership on both boards, would the term expiration dates be identical. Board of Appeals and Advisors -3- September 19, 1994 Director of Building and Housing Larsen replied that one member's term on one board is not premised on another board's term. At the time of appointment, the term expiration date would be made clear. Membership expiration dates is proposed to be staggered for the Access Appeals Board. Staff has prepared the Council Agenda Statement and is set to go before the Council at the September 27, 1994 meeting for the first reading. The second reading will then be scheduled for October 4, 1994. If it is approved at that time, it will have a 30-day waiting period before it goes into effect. At that point, the City Clerk's office will solicit applications and the Mayor will appoint the members. MSUC Harter/Fabrick (6-0) to approve staff's recommendation for the creation of an autonomous Access Appeals Board, to encourage dual membership, and to bring this item forward to the Council at the September 27, 1994 meeting. 4. DIRECTOR'S COMMENTS/REPORT: A. Introduction of Pam Elias, Interim Senior Code Enforcement Officer. Director of Building and Housing introduced Pam to the members of the Board of Appeals and Advisors by briefly describing Pam's experience and qualifications. It was further stated that the Department is looking at expanding the duties of the position and has requested a study for a possible reclassification. The study is anticipated to conclude by late November. The Members of the Board of Appeals and Advisors welcomed Pam. B. Status Update Report on Proposal to Identify the Board of Appeals and Advisors as Final Appellate Body for Cases Relating to Abandoned, Wrecked, Inoperative and Dismantled Vehicles or Parts Thereof (Continued from the Meeting of July 11, 1994). Director of Building and Housing Larsen requested to table this item to the October 10, 1994 meeting. It was requested that the Board review the draft Ordinance previously provided, the Department's Policy and Procedure and the California Vehicle Code excerpt and return with comments at the next meeting. Board of Appeals and Advisors -4- September 19, 1994 C. Report on Newly Revised State of California HCD Swimming Pool Enclosures. Director of Building and Housing Larsen stated that the current State Standards are such that the standards found in the Uniform Building Code will be laws of the land. It was requested that this item also be tabled to the October 10, 1994 meeting in order to allow staff time to prepare illustrations of several alternatives to fencing schematics and details, and return to the next meeting with this information. Assistant Director of Building and Housing Remp informed the Board that the State Building Standards Commission will be meeting in the next couple of weeks and that there is a possibility that the Commission may not approve the regulations as set forth in the Uniform Building Code. D. Director of Building and Housing Larsen informed the Board that a report of the Annual Business Meeting of the International Conference of Building Officials will be presented at the next meeting. 5. STAFF'S COMMENTS/REPORTS: A. Assistant Director of Building and Housing Remp announced that Director Larsen was re-elected to the Board of Directors of ICBO for another 3-year term. 6. BOARD'S COMMENTS/REPORTS: A. Chairman Gingerich announced that Assistant Director Remp on behalf of the San Diego Area Chapter, ICBO received a Special Meritorious Achievement Award (plaque and banner). The San Diego Area Chapter was recognized among 78 chapters within the Conference. 7. COMMUNICATIONS (PUBLIC REMARKS/WRITTEN CORRESPONDENCE): None 8. ADJOURNMENT: Chairman Gingerich adjourned the meeting at 6:03 p.m. to the next regular meeting scheduled for October 10, 1994. Board of Appeals and Advisors -5- September 19, 1994 4;¥/~.k-~--~ KENNETH G. LARSEN, C.B.O. DIRECTOR OF BUILDING AND HOUSING SECRETARY TO THE BOARD OF APPEALS AND ADVISORS ~, ¿~~n YEELlN UYB NGCO ADMINISTRATIVE SECRETARY DEPARTMENT OF BUILDING AND HOUSING 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 accommodation to access, attend and/or participate in a City meeting, activity, or service, request such accommodation at least forty·eight (48) hours in advance for meetings and five (5) days for scheduled schedules and activities. Please contact Yeelin Uybungco, Administrative Secretary, for specific information at (619) 691-5007 or Telecommunications Device for the Deaf (TDD) at (619) 585-5647. California Relay Service is also available for the hearing impaired. IYU (B:\WP5'\OII'_M)