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Home My WebLink About1994/07/11 Board of Appeals & Advisors Minutes MINUTES OF A REGULAR MEETING BOARD OF APPEALS AND ADVISORS CITY OF CHULA VISTA, CALIFORNIA 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 ColemanjÍ-eonard 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 Gingerich/Triplette (4-0) to declare the absence of Board Member Coleman as unexcused. MSUC Gingerich/Harter (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 Board of Appeals & Advisors -2- July 11, 1994 4. DIRECTOR'S COMMENTS/REPORT: 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 1 Q-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 return to the Board at the next meeting. Board of Appeals & Advisors -3- July 11, 1994 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 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. Board of Appeals & Advisors -4- July 11,1994 5. COMMUNICATIONS (PUBLIC REMARKS/WRITTEN CORRESPONDENCE): 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 adjourned 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. 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