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SR-8D (3) PCD SF PC f \plan\admln\ccreport\brdsappl CouncIl Meeting September 23, 1997 80 Santa Monica Callfo~Fcf 2 3 1997 , TO Mayor and City Council FROM City staff SUBJECT Recommendation to Introduce for First Reading an Ordinance Amending Section 8 04 020 020 of the Santa MOnica MUnicipal Code to Eliminate the Electncal Appeals Board and the Plumbing/Mechanical Appeals Board INTRODUCTION ThiS staff report recommends that the City Council Introduce for first reading an Ordinance amending Section 8 04 020 020 of the Santa Monica Municipal Code to eliminate the Electncal Appeals Board and the Plumbing/Mechanical Appeals Board These appeal boards have not been needed for a Significant penod of time and duplicate efforts of the BUilding and Safety Commission BACKGROUND The Santa MOnica MUnicipal Code prOVides for the creation of certain Boards of Appeal and Commissions to assist the City In proViding reasonable Interpretations of proVISions In the MUniCIpal Code and to determine the SUitability of alternatives to those reqUIrements Members of the Boards of Appeal and CommiSSions consist of people who are qualified by experience and training to analyze bUilding construction Issues and the technical diSCiplines Included In that process 1 SEP 2 3 1997 RO~' ~. " The current MUnicipal Code section call for four appeals and advisory boards o BUilding and Safety Commission -- consists of five members, Including a registered architect, registered cIvil or structural engIneer, state licensed bUilding contractor, and two public members o Accessibility Appeals Board -- consists of a minimum of two physically disabled members In addition to three members of the BUilding and Safety Commission o Electrical Appeals Board - consists of two electncal qualified members In addition to three members of the BUilding and Safety Commission o Plumping/Mechanical Appeals Board -- consists of two plumbing or mechanical qualified members In addition to three members of the BUildIng and Safety Commission Appeals of deCISions on bUilding Issues may be made to one of the four appeals or advIsory boards listed above, depending upon the Issue area For an extended penod of time, neither the Electncal Appeals Board nor the Plumbing/Mechanical Appeals Board has been needed, and their functions duplicate that of the BUilding and Safety Commission The Building and Safety Commission has the expertise to address these Issues, making the Electncal and Plumbing/Mechanical Appeals Boards unnecessary This Ordinance will delete these two appeals boards Any person presenting an appeal to the Boards of Appeals and Commission Will have the same process for haVing their appeal heard, but have their appeal reviewed by one of the two remaining appeals and adVISOry boards In addition, thiS Ordinance Will c1anfy the appointment of members to the remaining BUilding and Safety Commission and AcceSSibility Appeals Board The eXisting MuniCipal 2 Code allows for an "appropnate authority" to make appointments, with varying length of terms This Ordinance Will modify that language by stating that all members of the Boards of Appeal or Commissions shall be appointed by the City CouncIl to serve a four (4) year term, unless removed for cause BUDGET/FINANCIAL IMPACTS The recommendatIon presented In this report does not have a budget or fiscal Impact STAFF RECOMMENDATION It IS recommended that the City Council hold a public heanng and Introduce for first reading an Ordinance amending Section 804020020 of the Santa MOnica MUniCipal Code to eliminate the Electncal Appeals Board and the Plumbing/Mechanical Appeals Board Prepared by Suzanne Fnck, Director Paul Casey, ASSistant to the Director Planning and Community Development Department Attachment A Ordinance ElIminating the Electncal Appeals Board and the Plumbing/Mechanical Appeals Board 3 ATTACHMENT A f \atty\mun 1\laws\mJm\boardord City Council Meeting 9-23-97 Santa Monica, California ORDINANCE NUMBER (City Council Senes) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION 804020020 ELIMINATING THE ELECTRICAL APPEALS BOARD AND THE PLUMBING/MECHANICAL APPEALS BOARD THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 Santa Monica MUnicipal Code Section 804020020 IS hereby amended to read as follows Section 8.04.020.020. Boards of Appeals. Section 204 of the Uniform Administrative Code. 1994 Edition, IS amended to read as follows Boards of Appeal and CommJssions. In order to provide for reasonable InterpretatIons of the provIsions of these Codes, and to determine the sUitability of alternates. there shall be created appropnate Boards of Appeal and CommISSIons consisting of members who are qualifIed by 1 expenence and training to pass upon matters pertaining to bUilding construction and the technical discIplines therein The responsible enforcement offiCial or his or her designee shall be an ex OffiCIO member of each such board created and shall act as secretary Members of the Boards of Appeal or Commissions shall be appointed by the appropriate authoflty City Council aftd _1.-_11 I,..._~,J _U,__ __ ____.+._...J __ .-.I_..___...........__~ L-.." __..-.1 _. ....L..__J...~. .wI 10.41 I lUlU Vlll\".oC CI~ .;:JtJC\,.oIIICU VI UIii;;;;L1i;:;;1 111l11'l::;P'U U 1 ~c:u.... 0.1.".11.1 .VI 11.1 n. .I.....~ _~_...~~~ ~l..~1I 1...- ----.-.--' l.... ....- 1".... f"'_. ._~.I to I L"JLJII\..r IIICt~IL.."i:;;:;::I.;;) .;;11500111..,11;;;: at-'tJUllllC\",II IJY Ulo;;;;; VIlY VV......I~"-'II serve a term of four (4) years unless removed by for cause. __....J ...__....._.__1 "'__-J_ ___.....___ _L-_II ......_ _____.__oIo_...J ....... .&.1.-_ t"'.&.. OIIU l'lii:i......11I UvCH LE Que I J JCIII.......CI..:;) ..:::JoIIOII LlC Cit-'t-'UIIIL~U uy "I Iv vuy ,....-.. ..-..-..t.l._ __......._ _ ~_____ _.$. o&.L...___ (.r"].\ .. .____ . ._1___ -_I"'V't._.,_....II,...., \JUUllvu \V "''-';:;;1 VO 0 Lt:;;llll VI llIIC"=' \V) Y'Ii:JCI~ UIII~..;:I..:I- 1V"IIIVVCU.......y cause No board member shall hold any paid office with the City Said Board of Appeal shall adopt reasonable rules and regulations fGi wiiGi...ictiiig th6 iii'v'6stigatiGii5 aiid bi...i3iil&SS and shall render all decIsions and findings In writing to the responsible offiCial and appellants Said Boards may also recommend to the appOInting authority such new legislation as IS consistent therewith Pursuant to Section 1002 of the Santa MonIca City Charter there are hereby created the follOWing appeals and 2 advisory boards 1 BUilding and Safety Commission The BUilding and Safety Commission shall be composed of five qualified members as follows one state registered architect, one state registered civil or structural engineer. one state lIcensed bUilding contractor, and two public members 2 Accessibility Appeals Board pursuant to California Health and Safety Code Section 19957 5 The AcceSSibility Appeals Board shall contaIn a minimum of two physically disabled members who shall serve In addition to three members of the BUilding and Safety CommisSion '"J 1""':"1__"'__....._1 ^ ..............._1_ n__.....J T......_ r-I__.&._.__I ^ ____,_ ...., L-ICvlll"-OI f""'\t-'I-'CC.U~ LJUCU U I Ilv Lu;;;a....u p......a. r-\1"-"t-"''I;;;;;;;Cilh,,;;'I CI_ __-' LJVCiIII U _1-_11 ___.&..-..- .;:t.ICilII \"tVllLelll. 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('__~_.... ~ r'-___.---..__._..... lV UH"::;'C IIH::;;!IIUC:;;:I.;:t VI 1.lflll:J UUIIUIIIl:;:t CUIU vC:UI!;::ay '\",.rUIJIJI 11.,:>.:::nUI I 3 SECTION 2 Any provIsIon of the Santa MOnica MunIcipal Code or appendices thereto Inconsistent with the provIsions of this Ordinance, to the extent of such Inconsistencies and no further, IS hereby repealed or modified to that extent necessary to effect the provIsions of this Ordinance SECTION 3 If any section. subsection, sentence, clause, or phrase of thIs Ordinance IS for any reason held to be Invalid or unconstitutional by a decIsion of any court of competent JUflsdlctlOn, such decIsion shall not affect the validIty of the remaining portions of this Ordinance The City Council hereby declares that It would have passed this Ordinance and each and every section. subsection, sentence. clause, or phrase not declared Invalid or unconstitutional without regard to whether any portion of the ordInance would be subsequently declared Invalid or unconstitutional SECTION 4 The Mayor shall sIgn and the City Clerk shall attest to the passage of thiS Ordinance The City Clerk shall cause the same to be published once In the offiCial newspaper Within 15 days after Its adoptIon ThiS Ordinance shall become effective 30 days from ItS adoptIOn APPROVED AS TO FORM ~VL~(}; ~~ lLo~i MARSHA JONES MOUTRIE . ,~- City Attorney 4