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Home My WebLink About09 BUILDING BOARD OF APPEALS APPOINTMENTSAgenda Item 9 Rev AGENDA REPORT City Manager Cit Finance Director N / A MEETING DATE: FEBRUARY 5, 2019 TO: MATTHEW S. WEST, ACTING CITY MANAGER FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: BUILDING BOARD OF APPEALS APPOINTMENTS SUMMARY: In January 2018, the City Council: adopted Ordinance No. 1486 establishing the Building Board of Appeals (BBA); directed the City Clerk to advertise for citizen applicants to fill the Board; and, directed the Community Development Director to review the applications and make recommendations on applicant qualifications and compliance with the California Codes. The City Clerk received thirteen (13) applications, but two (2) applicants subsequently withdrew their interest. The Community Development Director, City's Building Official, and Assistant Director interviewed the eleven (11) applicants and is now recommending that the City Council appoint five candidates to the Board. Pursuant to Ordinance No. 1492, the terms of the appointments are to be staggered so that they do not all expire in the same year. Three (3) candidates would serve a four (4) year term and two (2) candidates would serve a two (2) year term. RECOMMENDATION: That the City Council appoint three (3) candidates to serve a four (4) year term as follows: Scoba Rhodes, Fred Moore, and Kevin Verdi; and, appoint two (2) candidates to serve a two (2) year term as follows: Wendy Brough and John Parker. FISCAL IMPACT: The City Council approved a stipend of $150.00 per Board Member per meeting. The BBA will meet a minimum of twice per year, and on an as needed basis. CORRELATION TO THE STRATEGIC PLAN: At the City Council's last Strategic Planning Workshop, the Council directed staff to prepare an ordinance that would establish the BBA and to recruit five (5) Tustin residents to serve on the BBA. This action fulfills that directive. BACKGROUND AND DISCUSSION: In January 2018, the City Council: adopted Ordinance No. 1486 establishing the BBA; directed the City Clerk to advertise for citizen applicants to fill the Board; and, directed the Community Development Director to review the applications and make recommendations on applicant qualifications and compliance with the California Codes. Building Board of Appeals Appointment February 5, 2019 Page 2 The City Clerk's office received applications from thirteen (13) candidates who wished to serve on the BBA. All of the applicants were invited to interview, except two (2) applicants withdrew their interest due to personal reasons. Each applicant who interviewed showed a sincere interest and willingness to serve the City and each offered a unique skill set. This provided the City with an exceptionally qualified pool of resources from which to choose. The BBA has two (2) main parameters to consider in the Board's organizational structure: diversity of type of qualifications and statutory mandates for members with disabilities, (if intended to meet the statutory requirement for accessibility regulation appeals). The diversity aspect, while not statutory, has a history of having a five (5) member .board with an attorney, a contractor, architect, engineer, and resident. The latter requirement for accessibility regulation appeals, found in the Health and Safety Code Section 19957.5 (b), stipulates that two (2) of a five (5) member board be disabled persons with the others being experienced in construction and one (1) being a public member. It is staffs recommendation that the five (5) member board would serve all types of building code - related appeals; both general and accessibility. This means that some people who were not ranked as finalists may be highly qualified, but due to the need of diversity of skill sets, are not being recommended. The recommendation of the following individuals is believed to offer a highly qualified, diverse, and comprehensibly purposeful BBA. If confirmed by the City Council, the BBA would consist of a general resident and attorney, a resident and real estate attorney, a civil engineering graduate, and a disabled candidate, all with diverse backgrounds. If approved, the Board would consist of Scoba Rhodes, Wendy Brough, Fred Moore, John Parker, and Kevin Verdi. Three (3) staff persons (Elizabeth Binsack, Director of Community Development; Scott Fazekas, Building Official; and, Dana Ogdon, Assistant Director), interviewed eleven (11) candidates and are recommending five (5) candidates for City Council's consideration: Scoba Rhodes, Wendy Brough, Fred Moore, John Parker, and Kevin Verdi (see Attachment 1). Below are excerpts from the recommended candidates' applications responding to "describe your current business position/title and your areas of expertise that would be of value to the appeals board" and observations from the interview panel. Scoba Rhodes — Disabled Navy Veteran, previously licensed by California Board of Behavioral Services, currently licensed by both the California and Massachusetts Department of Insurance hoping to assist fellow citizens in financial and retirement planning, asset and income protection, currently working towards passing series 6 and 63 examinations for FINRA registration. Mr. Rhodes has a background in .Engineering (certified Electronic Technician, Nuclear Plant Operator) and holds a Master degree from USC in Social Work MSW/MA Global Logistics. He also attended/graduated from the Tustin Citizens Academy. He also advocates for Paralyzed Veterans of America. Wendy Brough — As an Orange County Superior Court Referee and Judge Pro Tem, I am tasked with interpreting statutes and making decisions. That practice has been my career. I love the Building Board of Appeals Appointment February 5, 2019 Page 3 City of Tustin and have no preconceived notion about any issue that may come before the Board. I make decisions based on the facts with a view toward resolving things as amicably as possible. Ms. Brough demonstrated good judicial thoughtfulness and decision-making skills during the interview. She demonstrated a strong commitment to service and a desire to treat people with respect even though a decision may not support an appeal. She learned a great deal about City operations as a participant in the 2018 Citizens Academy. Fred Moore — As a real estate attorney, I understand the building process and the importance of compliance with codes and regulations. I bring analytical skills and expertise in dealing with trying to reconcile two (2) differing opinions on what is "correct" or "right" or in "compliance". I am able to hear all sides of a dispute prior to reaching a conclusion. Mr. Moore is a land use and real estate attorney and ex -Planning Commissioner. He has a strong understanding of building codes, real estate easements and agreements as well as homeowners' association involvement. During the interview he was very discerning of public safety and regulation issues. He provided a good perspective and a thoughtful approach to a position on the Board. John Parker — I hold a Bachelor's Degree in Civil Engineering from the University of California — Irvine. I have more than two (2) decades of experience in development and construction. I hold General Construction licenses in over twenty-two (22) states. I bring vast experience leading and managing a variety of development and construction projects for public and private companies. As a former Walt Disney Imagineer, I learned to bring creativity and immerse story into every project. I have worked on projects for Disney in Florida and California, winning the industry recognized TEA (Themed Entertainment Association) for my part in the "Soarin' Over California" attraction. Mr. Parker had a solid comprehension of the role of the BBA and a strong understanding of low to mid -rise construction. Kevin Verdi — I am a detail -oriented individual with several years of leadership experience. I have a broad background with strengths in communications, computers and executive business practices. I am seen as a goal -oriented professional with excellent interpersonal skills. Mr. Verdi would represent a disabled Board member. He has a strong understanding of disabled access regulations and work-related application of construction regulations. Elizabeth A. Binsack Director of Community Development