Water District Objects to Calabasas Ordinance
By Annemarie Donkin
http://www.topangamessenger.com/Articles.asp?SectionID=17&ArticleID=4189
Persuaded to delay a vote pending public comment, parts of an urgency ordinance to the Calabasas building codes may be legally unenforceable.
In a session lasting past midnight, about a dozen Calabasas homeowners urged city officials to delay a vote on a controversial urgency ordinance at the Nov. 10 City Council Meeting. The urgency ordinance was released late Monday, Nov. 8, with no time for the public or the City Council to read through sweeping municipal code changes proposed in the 134-page document.
Prior to the meeting, staff recommended that the City Council adopt Urgency Ordinance No. 2010-278U, which it says adheres to the 2010 California Building Standards Code (CA Code of Regulations Title 24) with local amendments. According to the staff report, "this action will comply with State of California law and continue local amendments until Ordinance No. 2010-279 is enacted."
The ordinance includes 15 new pages of policies for on-site wastewater treatment systems and would allow city building officials to disconnect utilities if they observe code violations. Additionally, the new municipal code requires that a permit from the city be obtained by anyone who intends to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system component or device.
The urgency ordinance requires a four-fifths majority vote to pass and would only be in effect until the council incorporates the new state building code revisions into a regular ordinance.
Maureen Tamuri, community development director for Calabasas, explained that if the council did not adopt the urgency ordinance by the state's January 1 deadline, state codes would automatically go into effect until the city adopts its own.
According to Tamuri, most of the proposed regulations are already in effect as part of the state and county building codes "to protect human life," and emphasized that the revisions will have little or no impact on the majority of the population.
"People already must pull permits when they do improvements affected by the building code," Tamuri said.
Yet proposed changes to the municipal code would concentrate power in the hands of city officials including Tamuri, Building Official Sparky Cohen and City Manager Tony Coroalles.
Cohen has already been tasked with enforcing all building and safety codes including the City's controversial septic ordinance, prompting unannounced armed raids on rural residents, as well as personally determining what constitutes an "immediate hazard to public health."
According to the new ordinance, at the discretion of the building official, those violating the new code would be guilty of a misdemeanor and face $1,000 fines or six months in jail.
There was vigorous outcry during public comment, primarily from members of the Old Topanga Homeowners Association, the Las Virgenes Homeowner's Federation and the Calabasas Highlands HOA, all of whom pointed out these new ordinances as written were "far from minor" and held sweeping powers over all properties in Calabasas, not just those in rural areas.
"This is a lot of to-do about absolutely nothing," Groveman said, remarking that he had never seen so many residents interested in municipal codes. "It's caused by about six people that would be better served by complying with the septic tank ordinance and protecting the environment."
Water District Objects
Yet, the new wording in the municipal code prompted David Lippman, director of facilities and operations for the Las Virgenes Municipal Water District, to vehemently oppose section 112.3.3 of the ordinance that reads in part, "The Building Official is hereby empowered to disconnect in writing the discontinuance of water utility service to buildings, structures or premises, or portions thereof…" and also have the sole discretion to order the water turned back on. Changes to the ordinance likewise authorizes the building official to shut off gas and electrical service without the property owner's consent in case of a building code violation.
In July, the District and Southern California Edison were embarrassed after Building Official Sparky Cohen ordered the shutoff of water and electricity to the Smith Family Ranch at the end of Stokes Canyon without the knowledge or consent of the property owner.
Mayor Barry Groveman defended the wording changes, saying that Calabasas must take responsibility for its safety and not depend on utility companies in case of an emergency.
"I respectfully disagree," Lippman said. "We are not disputing the fact that you have that authority; you don't have the authority to direct us to do it."
Groveman said they needed to pass the urgency ordinance before January 1, otherwise all of the City's present ordinances would expire, including the controversial septic ordinances, which prompted applause from the Old Topanga homeowners who have felt the wrath of the city.
"These codes and ordinances do not expire, they do not turn into a pumpkin, there is no logical reason to pass these tonight,"said Jody Thomas, president of the Old Topanga Homeowners Association.
Councilman James Bozajian asked why there was a need for the urgency ordinance in the first place and the need for a vote with no time for reading or public input.
Tamuri said that by law, the state adopts new building codes every three years, and then each county adopts those codes to fit its needs.
Unfortunately, Tamuri said the County's codes "trickled in over September and October, and they still have not received the county fire codes. We can't act until we receive them from the county," Tamuri said. "We received them and immediately acted on them; this is the first time we had an opportunity to bring them to you."
While he remained skeptical about the timeline or calls for an immediate vote, given that there is a three-year lead time for updating municipal codes, Bozajian appreciated Tamuri's clarification.
"I am satisfied with that answer," Bozajian said. "Nevertheless, as a matter of policy, this is unacceptable and not conducive to proper public input."
Other members of the homeowner's associations weren't so happy and emphasized that there is simply no reason under state or county law to adopt the urgency ordinance.
"The ordinance also defines anything that is not permitted as unsafe," wrote Nancy Rothenberg, President of Calabasas Highlands HOA, in an e-mail submitted to the City for public comment. "Since this proposal gives special new powers to the City to declare any un-permitted repair, etc. (not just future ones), as a safety hazard and grounds for eviction, this could negatively affect the real estate market in Calabasas.
Rothenberg continued in her e-mail, "My understanding is that, to name a few examples, if I need to have the thermostat replaced in my hot water heater, or my gas dryer needs repair, or if I replace my gas dryer, or if the computer board in my furnace needs to be replaced, or if I replace a toilet – or even if I change the Fluid Master in the toilet or if I put a dimmer switch on a light – I need to obtain a permit?"
"I don't believe for a minute there'll be chaos in the streets", said Dr. Scott Picker, an anesthesiologist who lives in the Dry Canyon-Cold Creek area and has just filed to run for City Council in the March 8, 2011 election. "I need two of you to vote ‘no' tonight. We all do."
After the discussion, the council ultimately voted to resume the urgency ordinance discussion on Wed. Nov. 24 at 7 p.m. in the council chambers at 100 Civic Center Way.
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