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. Cl
"""""................--....
11111 UI ~ B......II
.-& ~..._ _r__,J......__1
VI LVVU t;;:;i1~\..o'LlI......OI
_. ._1.4'._-'
'-jUC;;III1'v....
___t......-..II"'_ '_.0101,....-- -,I._,&,.- 1.................-6...... _1__..._......_1 ....___...___.1.___ _......._._____
Il.t:iiI~~U~,';;) \~",.I~"""I ~La...~ ".....'1;;;;11.;:) U 'l;;;#ICi\...l!UIa....ClI \."Ullllal...tlVI, v~~~lll'C;il;Jl.,
_.. __..4.&..-...J _,__+..,_.__ ._. .___. t___\ ...1.-._ _......_11 ___, ~_ ._ _.....J...J.....__
UI >....-c:;IlIl.<;;U <;;1<;;:'-""'-'IC.ll'JUU'"<;;:Y'"0I'/ VVIIU ~1I011 ':><;;:I1oIC:; III OUUIl'UII
tv thi66 marrib-2j"~ Gr the :Jui:diii9 Ci..d Sc7tSty- CGiliiiiiSSiCIi
"
""t
nr. ._.......__/1\ ,,__..........._.__1 ^_..-__I...... n___...J
1 JUI IIUII I~I IVIli;i\,.o1 ICU 11'\..0-01 r-\t-"t-JIII;rC;UW UVC:II U
,.....-
I I I"
nl. ._......__/I\JI__L.._.....__I ^_......__I_ n___-I _......_11 __......._.__ "'~.._
I 1.....I~U....II~~IIYI'C......llalll......lwn r"'\tJtJv01v UUCIU v11011 \,..oV.llOIII L'VVU
_I. .__L.....-__ ..--..___.....__.__1 --... ._1.&._...... _____...._____ ,_",_.&._ I._____...J
I-'IU'IIUII '8 v, 111<;;'-" leu II'-'ClI '-jUO' II 'c:;u II '<;;:11'1.1<;;:' ~ \ ~LClL<;> "'-'<;;:1 ,~<;;:u
p:Liiilbing Oi iii~~hCiiliCa] CGiitioc:tGi Gi angilieci, Gi C.;;itiTi8d
_I. ._I....__I___.....__.~~, ._. .___. .___\ ......._ _1..._11 ___.._ ._ _.J..J...__
tJlUlllUU j~/11 ~c....... 11::::;11 H'VCH JVUlllCYlllOI I} VIII IV ,,;)11011 ..:tel Y"'=' U I en."""" 1 LIVII
.&._ ..L........__ ____'-___..... _~ "L-_ n. ..1.......__ _......... ('__~_.... ~ 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