AGENDA ALERT!
AUGUST 5th, 9AM for Agenda Item #30 and August 19th and 26th,
9AM, 5th Floor County Bldg.
Please attend these Supervisors Agenda meetings to ensure that no conflict of interest persons are appointed to the available seat(s) for the formerly hidden Building Board of Appeals Commission (BBAC) . We are concerned about particular applicants that have no experience with constitutional law or the State Building and Housing Codes, or Health and Safety codes, that are being considered. We additionally question some of the current appointees' backgrounds and why they are continued in their seats after 6.5 years of absence. The State Code Section 108.8.3 specifically requires citizens knowledgeable in the California Building Standards Codes and applicable local ordinances.
The
Board is receiving applications for those who want to be on the volunteer BBAC and who are qualified. Please apply under "Commissions" on the County website system if you have the above experience or have been abused by the Planning Dept. or been red tagged so that you have some background of the lack of due process for appeals and hearings. A dozen citizens attended today's unofficial meeting and none were ever advised that the BBAC even existed and the other required citizen appeal board, (the
Housing Appeals Board), is still not existent.
The current appointees are Michael Bethke, Daniel Bronson, Michael Bush (a former Planning Dept. employee - this gives us great concern), John Ferreira (Fire Chief), Joseph Quigg - absent (with a history that concerns us). County Staff attending the meeting were
David Lee, Assistant Planning Director and
Jennifer Hutchinson, Building Secretary and another staffer. According to
Code 12.12, the correct Building Secretary should have been
Shaun Levingston, Building Inspection Chief, not Hutchinson. The Alliance for Change will investigate Levingston's history to see if public confidence can or cannot be restored, with him becoming the Board Secretary.
David Lee stated, "This is a joint board that hears building and fire codes according to law." We question this statement, as according to law everyone has the right to be heard for any reason, yet Lee has been hiding the
BBAC from the public or denying access, along with everyone else at the County.
Code 12.12 and
State Statute 108.8 do not allow for this. The BBAC is supposed to be a independent board guaranteeing a separation of power from the County. This would protect property owners from County government abuses, including improperly used red tag system, misuse of discretionary permits, fraudulent hourly billing and dishonoring 30 day deemed complete applications. The Planning Department and the Supervisors themselves do not understand the superseding laws and Constitutional rights. How can
David Lee understand them when he is viewed sitting at Supervisor Board meetings going along with the improper votes and illegal passage of ordinances or rewording current statutes to their own advantage? County Counsel does not inform at these meetings when laws are violated either. A growing group of citizens is finally challenging the long history of wrong doings.
Chief Ferreira stated, "Some items are difficult to adjudicate and this board can hopefully resolve some of those issues."
After Hutchinson and Lee have for many years not been forwarding any appeals to the
BBAC that is required by State law, we are not wondering why no BBAC meeting has ever taken place;
it's obvious why. We are also aware of property owners' appeals to the BBAC being denied by misinformed County staffers, including David Lee's many false statements made at the BBAC meeting today, denying people due process and denying breach of the Brown Act. We believe
David Lee has considerable conflict of interest and the Code does not require the presence of the Assistant Director. Would property owners feel separation of power with Lee and Hutchinson at the table?
We are not sure if appropriate conflict free persons will be appointed and question the ones from the past with County or City contracts.
Why haven't they stood up for the BBAC to be available all these years? Will true liberty and rights prevail? It is up to the public to stand together and protect our rights. See you August 5th, 19th and 26th.
How to Apply for a Building Board of Appeals Commission seat.