REPORT TO THE CITY COUNCIL FROM: JENNIFER CLARK, Director Planning and Development Department ANDREW JANZ, City Attorney City Attorney's Office BY: ASHLEY ATKINSON, Assistant Director Planning and Development Department CHRISTINA ROBERSON, Assistant City Attorney City Attorney's Office, Code Enforcement SUBJECT ..Title Actions pertaining to the formation of the Building Standards Appeals Board: 1. ***RESOLUTION - Establishing the Building Standards Appeals Board (Subject to Mayor's Veto) 2. BILL (for introduction) - Amending sections 11-504 - 11-510 of the Fresno Municipal Code relating to the Building Standards Appeals Board ..Body RECOMMENDATION Recommendation of approval of resolution and amendments to Fresno Municipal Code (FMC) sections 11-504 - 11-510 related to the establishment of the Building Standards Appeals Board (BSAB). EXECUTIVE SUMMARY City Council has provided direction to provide additional structure to the Board created by FMC 11-102. The Resolution establishing the BSAB provides details regarding the members and duties of the Board, and amendments to FMC Chapter 11, Article 5, consistent with the Resolution. BACKGROUND Resolution The purpose of the BSAB will be to hear and decide appeals of orders, decisions, and determinations made by the City of Fresno related to Building Code violations, specifically actions related to FMC Chapter 11, Article 3, and Chapter 11, Article 4. The BSAB will be made up of five members appointed by the Mayor and ratified by the Council who are City residents and possess knowledge of California building codes, regulations, and the FMC. The term shall be four years, and the members shall not be employees of the City of Fresno. FMC Amendments Amendments to FMC Chapter 11, Article 5, are proposed for consistency with other appeals processes described in the FMC. Many of the sections proposed to be deleted lay out appeals procedures, which are sometimes consistent with and sometimes in conflict with appeal procedures contained within Chapter 1, Article 4. Rather than amend the conflicts, the recommendation is to delete these sections and require appeals to the BSAB to be processed in accordance with Chapter 1, Article 4, and the Bylaws adopted by the BSAB. It is recommended to delete FMC section 11-509 to be consistent with Ordinance No. 2022-014, which previously removed the stay pending appeal from FMC Chapter 1, Article 4. ENVIRONMENTAL FINDINGS This is not a project pursuant to CEQA Guidelines section 15378. LOCAL PREFERENCE Local preference was not considered because this ordinance amendment does not include a bid or award of a construction or service contract. FISCAL IMPACT If approved, the Resolution provides each Board Member would be paid a stipend of $100 per meeting, with a maximum of $200 per month. Attachments: Resolution - Establishing the Building Standards Appeals Board Proposed Ordinance Amendments - FMC 11-504 - 11-510