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Subject:
Legis~tive Review Committee Report
From: councilman Jack Re~y
Dept: Council Office
c:JD~: June 12, 1989
Synopsis of Previous Council action:
None
Recommended motion:
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That minutes of the Legislative Review Committee meeting of
June 8, 1989 be received and filed.
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Contact person:
Phil Arvizo
Phone:
5208
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Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
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Source: (Acct. No.)
(Acct. OescriDtionl
Finance:
Council Notes:
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75-0262
Agenda Item No Jill.>
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LEGISLATIVE REVIEW COMMITTEE
June 8, 1989
ATTENDEES:
Councilman Jack Reilly - Chairman
Councilman Michael Maudsley
Councilman Tom Minor
Shauna Clark - City Clerk
James Penman - city Attorney
Dennis Barlow - Sr. Assistant City Attorney
Jim Robbins - Deputy City Administrator
Jim Richardson - Deputy City Admin./Development
Brad Kilger - Planning Director
Larry Reed - Building and Safety Director
Phil Arvizo - Council Executive Assistant
David Mlynarski
1. PROPOSED STREET BANNER ORDINANCE - Item continued to
June 22.
2 . CODE COMPLIANCE PROGRAM REVIEW - Mr. Reed and Mr.
Richardson briefed the staff (report attached). Mr. Reed
intends to increase the Department's proactive role, assign
his Code Enforcement Officers to regional areas. and cross
train his officers for flexibility of assignment. The Com-
mittee requested a report on lien collection methods and
control. The Committee also requested a weed abatement
report for the June 22 meeting.
3. PROPOSED ORDINANCE TO ESTABLISH A PERMANENT POLICY
AND GUIDELINES FOR QUALITY MANAGED GROWTH IN SAN BERNARDINO -
The Committee requested additional input and involvement from
the Planning Director and the Building Industry Association.
The plan was considered worthwhile but it was felt that
further coordination with the new General Plan setting the
tone was needed. The Committee will review the input at its
July 20 meeting.
4. REQUEST FOR WAIVER OF REQUIREMENT TO UNDERGROUND
UTILITIES - EXPANSION OF OMNITRANS FACILITY NORTHWEST CORNER
OF MEDICAL CENTER AND 5TH STREET - Item continued at the
request of Omnitrans.
5. CERTIFICATE OF OCCUPANCY AND HOME OCCUPANCY PERMIT -
The Committee approved a draft ordinance that will correct
the present code problem. The City Attorney will attempt to
have it ready for the June 19 Council Meeting.
Meeting adjourned.
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C I T
4:)0 F SAN B ERN A R ~ N 0
INTIROFFICE MEMORANDUM
8905-1403
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TO: Chairman and Members of the Legislative Review
COlDIDittee
FROM: James C. Richardson, Deputy City Administrator -
Development Services
SUBJECT: Code Compliance proqram Review
DATE: May 2, 1989
COPIES: Mayor Evlyn wilcox, James E. Robbins - Acting City
Administrator, Don Hesterley Code Compliance
Supervisor, Mark Young - Code Compliance Officer,
Chairman , Members of the Board of Building
cOlDIDissioners (BBC), Andy Green - Finance Director
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The Expanded Code Enforcement proqram was sta~d in July of
last year and this represents an update after 9 months (March
1989) of operation. Attached is a detailed report on the
Code Compliance Proqram, as prepared by the Code Compliance
Supervisor (Exhibit "A").
When this proqram was presented by Mr. Mark Sutton, certain
ma;or Droblems were identified which, I believe, have been
addressed thus far by the Building , Safety Department
(Exhibit "B"). The following is a cOllllllentary on the
resolution to those major Droblems :
1. Preparation procedures for the BBC meetings have been
streamlined.
2. Voluntary compliance has been achieved in many instances
which has resulted in abatement without BBC or court
action. Also, closer coordination with the City
Attorney's Office has improved casework for court
actions.
3. Better cost accounting procedures has increased lien
revenues from $39,876.15 last year to $111,704.56 for
this year.
4. An administrative charge of 40t has attributed to
increased revenues, as well as identifying the actual
time and effort by City staff for abatement actions.
5.
A new organizational structure has been implemented
which identifies Code Compliance Services as a division
of the Building and Safety Department (Exhibit .C"). The
previous organization was inadequate, to which I can
attest, as having served as Acting Director twice and
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1. Revhed code enforcement inspection report from 6 pages to 2
pages (completed).
2. Batch process incurred abatement cost to Board of BUilding Commissioners
in the manner weed liens are currently processed before the Board of
Building Commissioners.
NOTE: An important aspect in this process is to obtain better owner-
ship information at the time of initial notice of violation
on non-emergency abatement.
(Target date for impl ementation July's BBC Meeting)
3. Develope tickets, including bail schedule, for parking on an
unimproved surface destroying grass. (90S complete and currently
on hold)
4. Development of code language to allow the use utility meters approvals
to control bootleg construction and illegal occupancy.
(Target date, Jul,y as part of Council addition of leBO model Codes
mandated by State)
5. Need for additional clerical support to code enforcement officers
(make them more effective - more time in the field). (Additional
clerical was proposed as part of original budget - cut by Administrative
Budget Review team)
6. The city has outstanding uncollected liens totally $4B7,Ooo.
(no target date, staff is checking with City Attorney's office on a
foreclosure process)
7. Assign code enforcement officers to geographic areas (divide city so
not to cut across ci ty project areas). (Target date - July/August
of 19B9)
8. Licensing of hotel and motels and apartment buildings (3 year license).
(No target date)
9. Increased public relations efforts:
a. Development of Code enforcement sign/stenei.l to identify city
abatement activity. (Target - August 1989)
b. Develope informational handouts-explaining property owner
maintenance responsibility. (Target - Autust of 1989)
c. Develope of video for T.V. (not assigned)
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INTEROFFICE MEM~DUM:
Code Compliance Program
May 2, 1989
Page 2
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8905-1403
Review
can compare the before and after status.
6. Administrative procedures have been identified and
implemented for the tracking of code coapliance cases
from start to finish.
I would like to offer some additional observations about
this program.
The second year (1989-90) cost will be down
approximately $65,500 without regarcl to inflation and
employee compensation increases (see Exhibit "D").
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The impact on other City departments has created more
work for the City Attorney's Office, the City Clerk's
Office and more complaints for the offices of the Mayor
and Common Council.
The backlog of complaints and cases has grown to over
800 due to greater publicity. Also, 40\ more complaints
are being logged, resulting in some delays to program
implementation.
The ability to respond to special projects has been
greatly enhanced by recent code enforcement sweeps in
working closely with the City Attorney's Office and the
Police Department.
The Qoals 21 the EXDanded ~ Enforcement program were
outlined in various options identified last year, an excerpt
of which is contained in Exhibit "E". The following provides
a progress statement on those goals:
1. ) Code compliance complaints have grown to 868 for March
of 1989, however, a recent purge of records show a
reduction to apprOXimately 450 for the April 1989
monthly report.
2. ) The response to complaints has varied from one day to
seven days during the past nine months depending upon
staffing and workload. While progress bas varied, prior
to this program there was, in fact, no way to measure
the backlog or response ti...
3.) The Code Compliance Division has conducted proactive
enforcement activities on a limited basis and should be
able to enhance those efforts in the future.
4. ) Code enforcement procedures have been substantially
streamlined as previOUSly discussed and future
efficiencies are anticipated.
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INTEROFFICE MEM~DUM:
Code Compliance Program
May 2, 1989
Page 3
8905-1403
Review
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5.) Supervision has been improved through reorganization and
the establishment of Supervisor and Senior Code Officer
positions. Also, the management of the BBC
agenda/process has been improved and streamlined.
I would now like to offer some concludina remarks on the
Expanded Code Enforcement program.
a. Thia program has resolved the major procedural and
organizational probleas that existed before program
start-up.
b. A backlog of code complaints exist and, quite frankly, I
have no predictions as to when the backlog will be
resolved. However, the Department is dedicated to
accountability and reporting on progress towards a 48
hour turn around on complaints.
c. The department has proposed further program expansions
for sign enforcement and hotel/motel inspections.
d.
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Additional staff is anticipated in the 1989-90 Budget,
specifically another Senior Code Compliance Officer and
another clerical position are needed.
The City needs to improve revenue collection procedures
related to the costs for abatement actions by the Code
Compliance Services Division.
f. With the pending arrival of a new Building , Safety
Director, it may be appropriate to have a follow-up
review of the code compliance services in three to six
months.
e.
Finally, although the progress and visible results of the
Expanded Code Enforcement program have not been as dramatic
as I would prefer, I feel comfortable in stating that the
program has generally achieved most of the goals and purposes
intended. Furthermore, considering the scrutiny and overall
progress of the code enforcement effort, the City of San
Bernardino has been well served by the resources dedicated.
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S C. RICHARDSON,
puty City Administrator _
Development Services
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Attachments (5)
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EXHIBIT -A-
COD. COJIPLIUC. OVIn TBROVGB IIUCB 31, lIet
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STAFFING The Code Coapl iance Prograa as it now stands,
was approved by Mayor and Common Council in July of 1988. The
program allowed for one supervisor, one senior, six code
officers and one clerical position. The supervisor and
senior (both proviso) were in place at that time. One of the
code officer'. was also in place. Three new code officer's
came on board on July 19, 1988, one more on August 16, 1988
and the last position was filled on September 7, 1988. One
code officer i. presently working three day. a week with the
Building Inspection Division. This is due to an increase in
construction projects underway, a shortage of staff and
vacations being taken in the Inspection Division.
COMPLAINTS The number of coaplaints that were backlogged
at the beginning of the program stood at slightly over 1,000.
From July of 1988 to March 31, 1989, the department received
2,570 additional coaplaints. This brought the number of
registered complaints in the system to 3,570 during this
period. As of the 31st of March, this department has
answered 3,300 of these complaints. Two hundred and fifty
(250) of these coaplaints are in the process of secondary
action. Another 200 are in the process of legal action or
the Board of Building Commissioner's process.
SPECIAL PROJECTS This department has responded to the
Police Department's request for emergency action. on
approximately 75 occasions during these 9 months. This
resul ted in the same number of emergency abatements. The
Code Compliance Division enforces zoning violations for the
Planning Department which also includes sign ordinance
problems.
The department works closely with the City Attorney's office
on special projects. A good example is the current drive to
close down businesses operating without the benefit of a
license or certificate of occupancy. The Code Enforcement
Division is also the enforcement arm for the Building
Inspection Division. The department has apprehended
approximately 300 violators during this period. These were
contractors doing work without the benefit of plans and
permits. (Bootleg construction)
COde Compliance supplies one code officer to work on the
Renaissance Project. The department is also active in the
Main street Project. This division has surveyed all the
buildings in the area and currently makes inspections and
observations for the project.
The department has recently become active in the writing of
citations, having written approximately 40 citations during
the month of April. Code Bnforcement also writes
approximately 300 notices of violation per month.
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CODE COMPLIANCE REVIEW
THROUGH MARCH 31, 1989
2 PAGE
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DEPARTMF,NTAL ACCOMPLISHMENTS This department has, by its
aggressive procedure, reduced cri.e in many different areas
of the city. This reduction being mainly drugs and
prostitution. The department has accomplished this by
boarding open and vacant properties and abating nuisances in
the area. Not only has this helped the Police Department,
but it has significantly reduced the number of Pire Depart-
aent calls in these areas.
In addition, these activities have impacted the blight in
aany areas of the city. The urban blight bas been growing
for years, witb little being done. The public is now aware
of the things tbat our division can do, thereby increasing
the numbers of complaints received daily. The average
citizen now has a hope for help in bettering his neighborhood
and quality of life.
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TRAINING A comprehensive Code Enforcement Manual has been
developed and is in use for training the individual code
officers. The department regularly attends seainar's and
training classes to increase their awareness and expertise.
The Code Officer's are all members of the Southern California
Association of Code Enforcement Officers. We currently have
departmental training sessions on a weekly basis. The
department is also attending PC832 Training at the Sheriff's
Training Academy.
SBC ACTIONS The Code Compliance Division also prepares
and presents the cases that go before the Board of Building
Commissioner's on the first Priday of each month. The
department averages 15 cases per month. These cases directly
affect our budget and the collection of monies owed to the
city by lawfully incurring the costs as a lien on the
property. The BBC ordered 35 demolitions during this period,
86 rehabilitations and incurred $356,944.10 in liens on the
properties already boarded by the Code Compliance Division.
PREPARED BY :
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DON H. HESTERLBY
Code Compliance Supervisor
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l1f^lCI~L - MARCH 31. t~8t
LIENS (FOR ABATEMENTS) :
Liens incurred to March 31, 1989
Revenue collected to March 31, 1989
Total liens outstanding
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EXPENDITURES:
Salaries
Board-ups (154) and demos (11)
Vehicles - 8
Radios - 8
Office Supplies
Badges
Dues
Postage
Printing
Use of Copy Machine
Garage Charges
Communication Charges
Photo Supplies
Meetings
Training
Telephone
TOTAL
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$356,944.10
$111,704.56
$449,222.82
$244,980.00
$254,281.97
$ 72,000.00
$ 12,270.00
$ 6,019.88
$ 572.00
$ 310.00
$ 1,950.00
$ 3,500.00
$ 2,700.00
$ 3,630.00
$ 900.00
$ 565.00
$ 250.00
$ 2,750.00
$ 2,863.00
$609,541.85
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INTEROFFICE MEMORANDUM: 8804-307
Expanded Code Enforcement Program
Apr il 12, 1988
Page 4
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EXHIBIT -B-
1) The lengthy process that is required in order to
take cases to the Board of Building Commiasloners.
2) The lengthy. process that is required to file cases
with the court on property owners that will not
voluntarily comply with the codes.
3) The recovery of funds that are committed to projects
such as staff time, Clean-up costs and
administrative costs.
4) The philosophy and actual Charges for servic.s
rendered.
5) The organizational structure, which is inade~uate to
handle the increase in inquiries and complaints.
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6) The tracking of cases from the beginning to the
resolution of the violation.
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All of these problems are currently being worked on and
when completed, will make the enforcement of the codes more
efficient and cost effective.
PROPOSED EXP~~D_CODE ENFO~~NT PR~
The proposed Expanded Code Enforcement Program combines
the updating of the administrative procedures, along with a
change in the organizational structure.
Attached is the
Organization Chart of the Department of Building and Safety
as it is currently (Exhibit -A-), and the proposed
organizational chart (Exhibit -B-) with the recommended
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changes.
The recommended changes encompass the reorganization of
the Code Compliance Section, so as to resemble the already
proven structure that is being used for the Field Inspection
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"ORGAIllZATIOllAL CHART"
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Director (II) (111
(1)
EXHIBIT "C"
Senior Secretary (ul
Typist Clerk 111
Typist Cluk II
Account Clerk II
SERVIC!:S
PLAN CBECK/COONTER SERVICES
81dg Insp Super
(mml 1
Plan Cbeck Engineer
Plan Cbecker
Plans Tecbnician
(III) 1
2
1.
4)
SOO'!'!! SECTION
MIDDLE SEC'1'ION
NORTH SECTION
Se: 8lc!g Insp 1
Gen 814g Insp 1
( 41
Sr Sldg Insp 1
Gen 8ldg Insp 1
(31
Se 81dg Insp 1
Gen 81c!g Insp 1
(31
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2
1.
(5)
ODE COMP SERVICES
C C S
(mm)
CITY~WIDE SE~VICES
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Se Code C:>lllp 1
CCO 6
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EXHIBIT -0-
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EXECUTIVE SUMMARY
EXPANDED CODE ENFORCEMENT PROGRAM
Attacbed is tbe
Program as requested
January 11, 1988.
proposed Expanded Code Enibii:e'>>miliQ;.(IH. OFF.
by tbe Ways and Means . Comlrtil~!f~tr yft
Also attacbed are the staff comments that were received
after the presentation of the draft report.
This report gives you a brief overview of the City and
the problems that this City is facing, with regards to a Code
Enforcement effort, a proposed Staffing Requirement witb
Funding Requirements and Revenue Sources, and a time line of
implementation.
The proposed Staffing Requirements consist of six (6)
new positions (Code Compliance Supervisor, Senior Code
Compliance Officer, Typist Clerk III, and three (3) Code
Compliance Officers), whicb will bring the strength of this
Division up to nine (9) employees. The Funding Requirements
for this proposed program is $255,000.00 for the first year
and $189,500 in subsequent years.
The Funding Source is consistent with previous funding
proposals as follows:
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First Year Second Year
*Redevelopment Agency $ 84,000.00 $ 84,000.00
*Refuse Enterprise Fund $ 90,000.00 $ 90,000.00
*Ceneral Fund $ 81,000.00 $ 15,000.00
$255,000.00 $189,500.00
The Ceneral Fund portion is completely offset by the
increase in fees. The time line for implementation of this
program is three (3) months to develop and implement the
supervisoral structure, and three (3) months to catch up on
the backlog, with a six month review of the program. The
development of the supervisoral structure is currently under
way and is scheduled to be ready for implementation by
July 1, 1988.
The goal of the progr.. i. to provide a service to tbe
community that will enable the community to combat the
deteriorating effects that are plaguing tbis community, and
to assist others in their efforts to revitalize this
community and make the City of San Bernardino a better
community to live in.
Staff is recommending the approval and implementations
of the proposed Expanded Code Enforcement Program.
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EA~ANOEO CODE ENFORCEMENT PROGRAM
-0 OPTIONS 0
EXHIBIT "E"
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1-Code Compliance Supervisor $ 31,450.00
1-Senior Code Compliance Officer 28,600.00
1-Typist Clerk III 16,800.00
3-Code Compliance Officers 77,650.00
$154,500.00 + $35,000 . $189,500.00 (Personnel Services)
67,500.00 (Vehicles and Supplies)
1st Year ($255,OOO.00)
2nd Year ($189,500.00)
IMPACT: Option No.1 will allow the City to accomplish the 90als as outlined in the proposed
Expanded Code Enforcement Program, as follows:
1} Resolve the case backlog, which is now grown to 609 cases.
2} Once the backlog is resolved, be responsive to Code Enforcement
complaints within 24 to 48 hours of the complaint being reported.
3) 8e able to participate in pro-active Code Enforcement Programs.
4) Streamline enforcement procedures.
5) Provide an adequate level of supervision for the Code Compliance
Officers, as well as effectively managing the Board of Building
Commission matters.
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No.2
1-Code Compliance Supervisor $ 31,450.00
1-Senior Code Comp.liance Officer 28,600.00
1-Typist Clerk III 16,800.00
1-Code Comp114nce Officer 25,890.00
$102,740.00 + $23,120 . $125,860.CO (Personnel Services)
41,OOO.CO (Vehicles and Supplies)
1st Year ($166,860.CO)
2nd Year ($125,860.CO)
IMPACT: Option No.2 would reduce the Code Compliance Division ability to respond to Code
Complaints, and would effectively limit this division to:
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