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15 Staff Report. Building Board of Appeals w attachmentReviewed by: Town Manager, Assistant Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 1/16/2023 ITEM NO: 15 DATE: January 9, 2024 TO: Mayor and Town Council FROM: Gabrielle Whelan, Town Attorney SUBJECT: Consider Whether the Town Should Retain a Separate Building Board of Appeals and Provide Direction to Staff. RECOMMENDATION: Consider whether the Town should retain a separate Building Board of Appeals and provide direction to staff. BACKGROUND: The Town currently has a Building Board of Appeals. As authorized by Section 1.8.8 of the California Building Code, the Town’s Building Board of Appeals was established in 1991 to hear appeals from decisions of the Town’s Building Official. Examples of appealable decisions are: the application or interpretation of specific California Building Code provisions, such as those related to occupancy load, exiting, or accessibility; or the rejection of requests to use alternative materials or methods not explicitly authorized by the California Building Code. The Building Board of Appeals does not have the ability to waive California Building Code requirements altogether. Since the Building Board of Appeals was established, no appeals have been submitted or heard. Section 1.8.8 of the California Building Code does provide that a Town Council can assume the duties of hearing appeals from decisions of the Building Official instead of having a separate Building Board of Appeals. DISCUSSION: This topic has been scheduled for a discussion of the Town Council to determine whether: 1)A separate Building Board of Appeals should be retained; or PAGE 2 OF 2 SUBJECT: Building Board of Appeals DATE: January 9, 2024 DISCUSSION (continued): 2) The existing Building Board of Appeals should be disbanded and provide that the Town Council will assume the duties of the Building Board of Appeals and hear appeals from decisions of the Building Official. If the Town Council votes to assume the duties of the existing Building Board of Appeals, a resolution rescinding the enabling resolution (Attachment 1) will be drafted and return to the Town Council for consideration. COORDINATION: This report was coordinated with the Town Manager, Community Development Director, and Building Official. FISCAL IMPACT: The discussion and possible action will not affect the Town’s Budget. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachment: 1. Resolution 2021-40 RESOLUTION 2021-040 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS AMENDING THE BUILDING BOARD OF APPEALS ENABLING RESOLUTION AND RESCINDING RESOLUTION 2016-053 WHEREAS, the Town Council of the Town of Los Gatos established the terms and conditions for appointment to and conduct of the Board of Appeals to hear and decide appeals of orders, decisions, or determinations made by the Building Official relative to the application and interpretation of the technical codes. WHEREAS, the Town Council of the Town of Los Gatos hereby amends the power and duties of the Board of Appeals. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES HEREBY RESOLVE: that the terms and conditions for appointment to and conduct of a Board of Appeals are hereby established as follows: 1.Membership -Organization a.The Board of Appeals shall consist of three (3) members who are qualified by experience and training to pass upon matters pertaining to building construction and building service equipment and who are not employees of the Town of Los Gatos. The Building Official shall be an ex officio member and shall act as secretary to said Board but shall have no vote upon any matter before the Board. The Fire Marshall shall act as an ex officio, non-voting member for issues related to the fire code. The Board of Appeals shall be appointed by the Town Council. b.The members shall be appointed by a majority vote of the Town Council and shall serve a term of (4) years. c.The terms of office shall be staggered and overlapped in such a manner that the term of no more than one (1) member expires each year. d.Residency requirements shall conform with all current Town Resolutions and Policies. e.The Board shall establish rules and procedures relative to the conduct of business before the Board, and the election and term of officers. f.The Board shall elect a chair and a vice-chair, both of whom shall serve at the pleasure of the Board. g.The Board of Appeals shall hold meetings as necessary. The Board shall call and conduct its meetings in compliance with the provisions of the Ralph M. Brown Act (Government Code Sections 54950 and following). h.A majority of the total number of filled seats on the Board shall constitute a quorum for the purpose of transacting the business of the Board. i.Minutes of the actions taken during its meetings shall be kept permanently and shall be a public record. j.Meeting attendance requirements will conform with all current Town Resolutions and Policies. 1 of 2 Resolution 2021-040 September 21, 2021 ATTACHMENT 1 k.Board members shall serve without compensation, provided that, with advance budgetary approval of the Town Council, the actual and necessary expenses (if any) incurred by the members in the conduct of Town business shall be reimbursable pursuant to current Town Council Resolutions and Policies. 2.Powers and Duties The duties of the Board of Appeals shall be to hear and decide appeals or orders, decisions or determinations made by the Building Official relative to the application and interpretation of the technical codes. The Board of Appeals shall have no authority relative to interpretation of the administrative provisions of the codes nor shall the Board be empowered to waive code requirements. BE IT FURTHER RESOLVED that Resolution 2021-053 is hereby rescinded. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 21st day of September 2021 by the following vote: COUNCIL MEMBERS: AYES: NAYS: Mary Badame, Matthew Hudes, Rob Rennie, Maria Ristow, Mayor Marico Sayoc None ABSENT:None ABSTAIN:None ATTEST: �� TOWN CLERK OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA DATE: lD jr3 / cQOaJ.t Resolution 2021-040 2 of 2 SIGNED: ti YMC7 -i,� MAYOR OF TH�OF LOS GATOS LOS GATOS, CALIFORNIA DATE: to/ 1·0 /,1_,/ September 21, 2021