HomeMy WebLinkAbout07.B- Community Development ORDINANCE (ID#2038) DOC ID: 2038 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Municipal Code
From: Margo Wheeler M/CC Meeting Date: 10/01/2012
Prepared by: Brenda Leggitt, (909) 384-5057
Dept: Community Development Ward(s): All
Subject:
An Ordinance of the City of San Bernardino Repealing Chapter 15.55 of the San Bernardino
Municipal Code and Canceling Its Assumption of Responsibility for the Enforcement of the
California Mobilehome Parks Act Pursuant to California Health and Safety Code Section
18300(E), and Returning Said Enforcement Authority to the California Department of Housing
and Community Development.
Financial Impact:
Account Budgeted Amount: Savings to the General Fund as a result of staff reductions of
approximately$150,200, offset by a loss of permit fee revenue of approximately$49,000.
Account No. 001-180-4333
Account Description: Mobilehome Park Fees
Motion 1: Lay over Ordinance for final adoption;
OR
Motion 2: Transfer responsibility for the enforcement of the Mobilehome Parks Act to the
Code Enforcement Division.
Synopsis of Previous Council Action:
Adoption of the City's Pre-Pendency Plan on September 5,2012.
Background:
Pursuant to California Health& Safety Code Section 18207, the CA Department of Housing and
Community Development is responsible for the statewide enforcement of the Mobilehome Parks
Act (CA Health & Safety Code, Division 13, Part 2.1, Section 18200 et seq. and CA Code of
Regulations, Title 25, Section 1000 et seq.). Cities may assume responsibility for the
enforcement of the Act pursuant to H&S Code Section 18300. In May 1992 the City assumed
responsibility for enforcement of the Act by the adoption of San Bernardino Municipal Code
Chapter 15.55 (MC-831).
Enforcement of the Act is contingent upon the City maintaining dedicated staffing necessary to
administer the program. As a result of the Mayor and Common Council's adoption of the City's
Pre-Pendency Plan on September 5, 2012, the staffing for the program will be eliminated (ref:
Pre-Pendency Plan, pages 54-55). These reductions include one Building Inspector III and one
Building Inspection Supervisor position.
The proposed ordinance will cancel the assumption of responsibility for enforcement of the
Mobilehome Parks Act and return the responsibility to the CA Department of Housing and
Community Development. The proposed ordinance designates an effective date of January 1,
Updated:9/26/2012 by Henry Empeno Jr.A Packet Pg. 65
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2013 because state law provides that after the City sends written notice of the cancellation to
HCD,HCD has up to 90 days to assume responsibility for enforcement after receipt of the
notice.
City Attorney Review:
Suaportine Documents:
Pre-Pendancy Plan -V.D.1-2.(PDF)
Ord.2038 (PDF)
Municipal Code 15.55(PDF)
Updated:9/26/2012 by Henry Empeno Jr.A Packet Pg. 66
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Total estimated savings are listed in the table below:
Table 21 —Total Estimated Savings
Non-sworn savings via attrition F$090635
Sworn savings via attrition $2,738,143
Reduction in filled full time positions $2,326,078
Reduction in filled part time positions
Non-personnel related reductions $265,000
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Total $6,029,456 U
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D. Maintaining the City's Investment in Infrastructure Through Service Delivery rn
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Changes in Community Development, Public Works, and Parks,Recreations & a
Community Services
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1. Community Development N
Over the past several years,the Community Development Department staffing has been
reduced significantly. However, the workload of the department has been impacted by o
the recession. The number of permits and plan checks significantly declined as
investment in the City has dropped with the burst of the housing bubble. The City is m
beginning to see an increase in development activity for industrial activity, a
Additionally, the Successor Agency will soon begin the process of selling the EDA c
properties, which could lead to substantial development activity and investment in the a
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City. Because of new growth opportunities, it is recommended that reductions be a
balanced against the need to ensure staffing and resources are available to meet the 6
demands of developers and others interested in investing in San Bernardino.
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Proposed Restructuring E
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Despite previous reductions in workforce,the Community Development Department has
options available to maintain basic and essential services while reducing costs. This is
possible through adjustments in services delivery; specifically, contracting out and
consolidation of duties.
It is recommended the City eliminate one Building Inspector Supervisor, one Building
Inspector, one Technician one Engineering Associate, one NPDES inspector, one
NPDES Coordinator, one Department Accounting Technician, one Administrative
Assistant, and one Customer Service Representative (admin). Most of these duties will
be handled by contractors. The Building Official would assume responsibility for
supervising the field personnel, which will impact the amount of time available for his
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Packet Pg. 77
other duties. With the elimination of the Building Inspector III position, the City will
return the responsibility for the mobile home park inspections to the State. The loss of
the Technician position,which currently provides customer service at the front counter,
will require moving the Assistant Planner to the front counter to assist customers, which
will have some impact on the Planner's ability to write staff reports, prepare zoning
verification letters and complete other assignments. As direct customer service will
consume much of the time,some of the duties handled by the Planner will be reassigned
to the other Planner and the Manager.
Despite the reduction, it is anticipated that sufficient staff will remain in order to provide
proper oversight to contractor's work. u'
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2. Code Enforcement CL
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There is no question that proactive enforcement of the City's codes is needed throughout v
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the City. The City is dealing with significant number of foreclosures and a recessionary
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economy which is making general maintenance of some properties less than desirable.
There are currently 3,083 open code enforcement cases within the CRM system as of a
August 14, 2012. Moving forward, staff needs concentrate on clearing existing cases
and dealing effectively with repeat offenders.
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As part of the restructuring, it is recommended that Code Enforcement be moved to the
Police Department. Despite the importance of code enforcement efforts and the impact `,'
of the maintenance of the community on investment decisions, given the City's financial 6
condition,reductions in code enforcement are necessary.
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Proposed Restructuring a
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The code enforcement division currently consists of one Code Enforcement Manager, Fo
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three Supervising Code Enforcement Officers, two Senior Code Enforcement Officers,
23 Code Enforcement II positions, one Code Enforcement Officer I position, and one a
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Weed Abatement Coordinator. It is recommended the following positions be eliminated: a`
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• Five Code Enforcement II positions E
• One Supervising Code Enforcement Officer
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• Two Senior Code Enforcement Officers
• One Weed Abatement Coordinator
• One Code Enforcement Officer I
• One Customer Service Representative
The annual savings related to these cuts is$937,194. Overall, it is anticipated there will
be a reduction in service and an increase in response times based on the proposed cuts.
Despite the cuts, 18 Code Enforcement Officer I1 positions, two Supervisors, and one
Code.Enforcement Manager position would remain.
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Packet Pg. 68
I ORDINANCE NO.
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER
3 15.55 OF THE SAN BERNARDINO MUNICIPAL CODE AND CANCELING ITS
ASSUMPTION OF RESPONSIBILITY FOR THE ENFORCEMENT OF THE CALIFORNIA
4 MOBILEHOME PARKS ACT PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE
5 SECTION 18300(e), AND RETURNING SAID ENFORCEMENT AUTHORITY TO THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.
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7 WHEREAS, pursuant to California Health and Safety Code Section 18300, local agencies may
8 assume the responsibility for the enforcement of the Health & Safety Code, Division 13, Part 2.1, ,
9 Section 18200, et seq., known as the Mobilehome Parks Act; and
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10 WHEREAS, the City assumed responsibility for the enforcement of the Act within mobilehome
parks by adoption of San Bernardino Municipal Code Chapter 15.55 (MC-831)in May 1992; and N
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13 WHEREAS, the amount of statutory fees collected are inadequate to cover the costs of the a
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14 enforcement program; and
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15 WHEREAS, the City is unable to maintain the necessary staffing to effectively administer the
16 enforcement program due to the City's current financial condition.
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NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF w-
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19 SAN BERNARDINO DO ORDAIN AS FOLLOWS: $
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20 SECTION 1. Chapter 15.55 of the San Bernardino Municipal Code is hereby repealed and the c
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21 assumption of responsibility for the enforcement of the Health & Safety Code, Division 13, Part 2.1,
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Section 18200, et seq., known as the Mobilehome Parks Act, is hereby canceled and returned to the a
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24 California Department of Housing and Community Development, pursuant to Health and Safety Code
25 Section 18300(e). The Community Development Department is directed to give written notice to the
26 California Department of Housing and Community Development.
27 SECTION 2. Effective Date. This ordinance shall become effective on January 1, 2013.
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Pac" Pg.09a
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO REPEALING CHAPTER
2 15.55 OF THE SAN BERNARDINO MUNICIPAL CODE AND CANCELING ITS
ASSUMPTION OF RESPONSIBILITY FOR THE ENFORCEMENT OF THE CALIFORNIA
3 MOBILEHOME PARKS ACT PURSUANT TO HEALTH AND SAFETY CODE SECTION
18300(e), AND RETURNING SAID ENFORCEMENT AUTHORITY TO THE CALIFORNIA
a DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT.
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I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting thereof, held on the
g day of 2012, by the following vote, to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT ;
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to MARQUEZ a
11 JENKINS
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VALDIVIA 4
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la SHORETT
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Is KELLEY
16 JOHNSON
17 �>N
MC CAMMACK
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20 Georgeann Hanna, City Clerk 0
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21 The foregoing ordinance is hereby approved this day of 2012. L
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Patrick J. Morris,Mayor
25 Approved as to form:
JAMES F. PENMAN,
26 City Attorney
27 By:
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15.48.100 Existing pools.
Swimming pools in existence on the effective date of the ordinance codified
in this Chapter shall be fenced in accordance with the requirements of this Chapter
on or before July 1,1962. (Ord.2431 §8, 1962.)
15.48.110 (Repealed by MC-460, 5-13-85.)
Chapter 15.52
(Repealed by MC-781, 4-22-91)
Chapter 15.55
CITY ASSUMPTION OF CODE ENFORCEMENT IN d
MOBILE HOME PARKS'
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Sections: U
15.55.010 Authority.
15.55.020 Assumption of Responsibility.
15.55.030 Enforcement Responsibility. a
15.55.040 Qualified Personnel.
15.55.050 Fees.
15.55.060 Objectives.
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15.55.070 Existing Mobile Home Parks.
15.55.080 Local Findings and Inspection. N
15.55.090 Forms.
15.55.100 Hearings.
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15.55.010 Authority.
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This Chapter is adopted pursuant to the authority of Health and Safety Code .2
18300 and Section 1004 of Title 25 of the California Code of Regulations. (Ord. MC- g'
831, 5-4-92.)
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15.55.020 Assumption of Responsibility. t
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The City of San Bernardino hereby assumes responsibility for enforcement a
of the Health and Safety Code, Division 13, Part 2.1,(beginning with 18200), and the
related administrative regulations as are adopted from time to time. This assumption
of responsibility shall be effective sixty(60)days after the adoption of this Chapter.
(Ord. MC-831, 5-4-92.)
15.55.030 Enforcement Responsibility.
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The Development Services Department of the City shall have the
responsibility to enforce the statutes and regulations referred to in this Chapter. The
'For statutory provisions on mobile homes, see Health and Safety Code §18000 et seq.
[Rev.August 4,20091
15-84
Packet Pg. 71
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Department shall be assisted by any other City officer, employee, board or
I commission in bringing deficiencies or violations to the attention of the Department
while in the process of fulfilling their statutory responsibilities. (Ord. MC-1027, 9.8-98;
Ord,MC-831, 5-4.92.)
15.55.040 Qualified Personnel.
The City will provide qualified personnel adequate to enforce the provisions
of the statutes and regulations referred to in this Chapter. Currently, the City has
four(4) Code Enforcement officers with one (1) supervising personnel and five (5)
Building Inspectors with four(4)supervising personnel to enforce these provisions,
which total numbers may be adjusted from time to time. (Ord. MC-831, 5-4-92.)
15.55.050 Fees.
The Mayor and Common Council shall from time to time by resolution adopt o.
a schedule of fees consistent with those established from time to time in Health and t
Safety Code, Division 13, Part 2. 1,and related administrative regulations. (Ord.MC- u
831,5.4.92.) 2
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15.55.060 Objectives.
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The City hereby adopts and approves the State program and objectives as
contained in Health and Safety Code, Division 13, Part 2.1, and related
administrative regulations. (Ord. MC-831, 5-4-92.) o
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15.55.070 Existing Mobile Home Parks.
There are currently forty-two (42) mobile home parks in the City ranging a
from excellent condition with few violations to poor condition with numerous building 0
violations. Generally, these are at or near maximum occupancy. (Ord. MC-831,5-4-
92.) o
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15.55.080 Locnl Findings and Inspection.
The Mayor and Common Council of the City hereby find that those living in d
mobile home parks are often on fixed incomes and are severely limited in their ability E
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to find alternative housing because of the cost of moving of the mobile home. The
Mayor and Common Council, therefore, direct that each of the parks be inspected a
on a regular ongoing basis in compliance with State regulations to ascertain
compliance with the applicable codes to assure that such residents have a safe and
healthful place in which to live. (Ord. MC-831, 5-4-92.)
15.55.090 Forms.
All forms used for application for permit to operate, the permit to operate,
and the statement of installation acceptance shall be those forms provided by the
State. (Ord. MC-831, 5-4-92.)
[Rev.August 4, 2009)
15-85
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15.55.100 Hearings. /
Any hearings held pursuant to Health and Safety Code §18513 and any
hearings held on Notices to Abate shall be held before the.Mobile Home Rent Board
pursuant to the rules and procedures established by the Board and by law. The
decision of such Board shall be final.
The procedures, rights and responsibilities set forth in Chapter 8.30 of this
code are hereby incorporated into this Chapter 15.55 except that the Mobile Home
Rent Board shall serve in the place and stead of the Board of Building
Commissioners. (Ord. MC-831,5.4.92.)
Chapter 15.56
(Repealed by MC-781, 4-22-81)
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Chapter 15.57 r
CULTURAL DEVELOPMENT CONSTRUCTION FEES
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Sections: to
15.57.010 Purpose. o
15.57.020 Definitions.
15.57.030 Cultural development construction fee Imposed.
15.57.040 Time of payment. o
15.57.060 Fee-Place of payment. N
15.57.070 Disposition of cultural development construction N
fees. ei
15.57.080 Separability. d
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15.57.010 Purpose.
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The purpose of this Chapter is to provide for the payment of a fee applicable .2
to a new construction or reconstruction of commercial structures to provide funds for
the promotion of fine arts and culture, other than public facilities as defined in
Government Code Section 66000 (d), within the City of San Bernardino.
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Enhancement of culture and art is deemed to be a public benefit to all citizens of the E
community. (Ord. MC-650, 1-17-89; Ord, MC-542, 9-9-86.)
15.57.020 Definitions. a
For the purposes of this Chapter, unless otherwise apparent from the
context, certain words and phrases used in this Chapter are defined as follows:
A. "Commercial structure" shall mean any building or structure all or part of
which contains a commercial or industrial use permitted by this Code;
provided, however, "commercial structure"shall not include any building or
structure constructed or reconstructed for the elderly and handicapped
pursuant to Title 15 of this Code,or pursuant to Title 25 26 of the California
Administrative Code (now California Code of Regulations).
[Rev.August 4, 20091
15-86
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