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HomeMy WebLinkAboutS2- City Administrator's Office 4C-iTY - REQU EST FOR COUNCIL ACTION OF SAN BERNARDINO From: Fred Wilson, City Administrator Subject: Extension of Agreement for Professional Services with Dept: City Administrator's Office The City Associates, Inc. relative to interim management Date: November 24, 1997 � A .� of Code Compliance Division Synopsis of Previous Council Action: Recommended Motion: That the Addendum to the Agreement for Professional Services with The City Associates, Inc., for extension of interim management of the Code Compliance Division be approved. and That the Mayor and Common Council of the City of San Bernardino authorize the Director of Finance to transfer $50,000 from Code Compliance Salaries to the Code Compliance Professional/Contractual budget to fund the cost of the City's contract with The City Associates, Inc. for interim management of the Code Compliance Division. Sign ture Contact person: Fred Wilson, City Administrator Phone 5122 Supporting data attached: Yes Ward: FUNDING REQ S: Amount: $50,000 Source:(Acct. No.) From: Various Personnel Accounts To: 001-071-5502 (Acct Description) Finance: Council Notes: Res 97--35-t/ Agenda Item No. V D4- i CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT On October 6, 1997, The City Associates commenced interim management of the Code Compliance Division under an agreement authorized by the Mayor's signature authority. An extension of the agreement to continue providing service while a new manager is recruited, selected, and appointed will soon be required. The recruitment for the position of Code Compliance Manager closed on November 21, 1997. It is anticipated that a selection will be made on or about January 1, 1998. Under the scope of the initial agreement the City Associates, Inc.performed the following functions: supervised Code Compliance Division staff; managed, directed and reviewed Code Compliance projects and activities; created a system to prioritize existing and proposed projects; and conducted an organizational evaluation of the Code Compliance Division. It is anticipated that during the extended agreement period the following activities will be completed: status of the data processing upgrade will be reviewed and monitored; an overall recommendation for the structure of the department will be prepared, including the proposed organization structure, job titles and duties, and broad job descriptions; clear Division goals will be determined and promulgated; the contracting methods used for board-ups, property ownership data, asbestos surveys, demolition, and property maintenance work will be reviewed; and evaluation of efficiency and workload performance measures will be completed. Since it was not anticipated during the budget hearings that the Code Compliance Division would require interim management services during the recruitment process for a Code Compliance Manager, funding was not included in the Fiscal Year 1997-1998 budget. In order to fund the extension of the Agreement with The City Associates, Inc. it is recommended that anticipated salary savings in the Code Compliance accounts be utilized. Eight positions in the Division are currently vacant. Sufficient salary savings exist as a result of these vacancies to fund the contract. A budget transfer in the amount of $50,000 is recommended to fund this agreement. Professional/Contractual Services and Other Professional Services were initially used to fund this contract. However, these funds were programmed for other purposes. The proposed budget transfer will provide the necessary funding without further impacting this account. Recommendation: That the amendment to the Agreement for Professional Services with the City Associates, Inc., for extension of interim management of the Code Compliance Division for an amount not-to-exceed $25,000 be approved, and that the Director of Finance be authorized to amend the Fiscal Year 1997-1998 budget to reflect the cost of funding the Agreement with The City Associates, Inc. for interim management of the Code Compliance Division from anticipated salary savings. ADDENDUM TO AGREEMENT FOR PROFESSIONAL SERVICE This ADDENDUM to Agreement for Professional Services ("Addendum") is made and entered into this day of , 1997, by and between the CITY OF SAN BERNARDINO, ("City"), and THE CITY ASSOCIATES, INC., a California Corporation ("Consultant"). WHEREAS, an agreement for professional services ("Agreement") was made and entered into on the 6th day of October, 1997, by and between City, and Consultant. WHEREAS, the term of the Agreement was to be for an anticipated period of sixty (60) days, whereafter, the Agreement was to continue in full force and effect on a monthly basis unless terminated by either parry in accordance with Section 17 of the Agreement. WHEREAS, both parties desire to extend the term for a one month period, from December 6, 1997, to on or about January 1, 1998. NOW, THEREFORE, CITY and CONSULTANT mutually agree as follows: 1. TERM. The term of the Agreement for Professional Services shall commence on December 6, 1997, and continue to on or about January 1, 1998. 2. COMPENSATION. City shall compensate Consultant at a rate of one hundred and twenty five dollars ($125.00) per hour for Powers and Shepherd and ninety-five dollars ($95.00) per hour for Lowry for each hour of work provided. The total number of hours of work per week for the entire Project Team shall not exceed thirty- two (32) hours for administrative functions unless otherwise directed by the Mayor. Total compensation shall not exceed Twenty-five thousand Dollars ($25,000.00). 3. REMAINING PROVISIONS OF AGREEMENT ARE TO REMAIN IN FULL FORCE AND EFFECT All remaining provisions of the Agreement entered into on October 6, 1997, are ® to remain in full force and effect through either the termination or expiration of the Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Addendum to be executed as of the day and year first above shown. CITY OF SAN BERNARDINO By: Tom Minor, Mayor Approved as to form and legal content: James F. Penman City Attorney By: THE CITY ASSOCIATES, INC. By: s CITY OF SAN BERNARDINO � � ! - 7 INTEROFFICE MEMORANDUM TO: James F. Penman, City Attorney FROM: Henry Empeno, Jr., Deputy City Attorney DATE: December 1, 1997 Re: Designation of the Fire Marshall as the Code Compliance Manager I have found nothing in State law nor in the City's Charter or Ordinances which prohibits the City from designating the Fire Marshall as the Code Compliance Manager. However, I believe that State law requires that the Code Compliance Manager, whether or not that person is also the Fire Marshall, obtain certification as a building official within two years of the date that person assumes the duties of the Code Compliance Manager, unless exempt under state law. Health and Safety Code Section 18949.25 et sec .(copy attached), adopted in 1996, provides experience, certification, and continuing education requirements for construction inspectors, plan examiners, and building officials. Section 18949.27 defines a "building official" as "the individual invested with the responsibility for overseeing local code enforcement activities, including administration of the building department, interpretation of code requirements, and direction of the code adoption process." Although the City does not have a single individual with all of these responsibilities, the Code Compliance Manager does oversee local code enforcement activities and does interpret code requirements, and is therefore a building official as described in Section 18949.27. Section 18949.28 requires all construction inspectors, plans examiners and building officials, unless exempt or previously certified, to complete one year of verifiable experience and within one year thereafter, obtain certification from a state, national, or international association as determined by the local agency. Thus, the Code Compliance Manager must obtain this certification within two years of assuming the position with the City, unless exempt under Section 18949.28(b). Section 18949.28(b) states "Any person who is currently and has continuously been employed as a construction inspector, plans examiner, or building official for not less than two years prior to the effective date of this section shall be exempt from the certification provisions of this section, unless and until that person obtains employment as a construction inspector, plans examiner, or building official with a different employer." Currently, the City's Code Compliance Manager position is vacant. Any person who will be appointed to this position who was previously employed by someone other than the City of San Bernardino, will not fall under this exemption HE:eaU fp".mem Y TO: James F. Penman, City Attorney Re: Designation of the Fire Marshall as the Code Compliance Manager December 1, 1997 Page 2 nor are there any City employees currently acting as a "building official" who fall under this exemption. Thus, the new Code Compliance Manager must be previously certified as a building official or else must obtain this certification within two years of the appointment. Although there is no State enforcement authority nor are there any sanctions for noncompliance, City code enforcement activities may be invalidated if the City has not complied with Section 18949.28. The City can impose additional criteria for certification of its building officials [Section 18949.28(c)]. Because the Code Compliance Manager's qualifications and actions will likely be challenged in any civil or criminal court case related to code enforcement activities, the City should require any person assuming the Code Compliance Manager position to already possess this certification. Arguably, this statutory requirement for certification may also apply to all Code Compliance Officers because they function as "construction inspectors" as defined in Section 18949.25: "any person who is hired or contracted by a local agency in a temporary or permanent capacity for the purpose of inspecting construction for structural, seismic safety, fire and life safety, or building system requirements of adopted uniform codes or standards, as applied to residential, commercial, or industrial buildings." Although the City's Fire Department Inspectors also function as "construction inspectors," they are specifically not included in the certification requirement pursuant to Section 18949.30 because they are employed by the City's Fire Department. This does not apply to the City's Fire Marshall or any other Fire Department employee acting as a "building official" because building officials were not included in Section 18949.30. Thus, if the Fire Marshall is designated as the Code Compliance Manager, that person must be currently certified as a building official or must obtain such certification within two years of the appointment. z ztoucg�-7 , . HENRY EM NO, JR., Deputy City Attorney HE:ea0fp7.memj taus REALM Atv11 SAHETY CODE § 18"9.25 rerthing § 189419. Procedure for adoption of standards and administrative emulations wags in -- -- Text of section operative until Julll 1, 1997 ected by (a) The commission shall adopt regulations setting forth the procedure for the adoption of building ,terproof standards and administrative regulations that apply directly to the implementation or enforcement" of rrier, as building standards. the wall (b) Regulatory adoption shall be accomplished so as to facilitate the triennial adoption of the specified model codes pursuant to Section 18928. fie, (c) The regulations shall allow for the distnbntion of proposed building standards and regulatory shall be changes to the public for review in compliance with the requirements of the Administrative Procedure Act (Chapter 3.5(commencing with Section 11340), Chapter 4 (commencing with Section 11370),and Chapter fit, as 5(commencing with Section 11500)of Part 1 of Division 3 of Title 2 of the Government Code)and for the wall at I acceptance of responses from the public. .lvanized ` a (Amended by Stata1993,c.56(,A.B2351),§ 27.) e bales. For text o section -cement, f operative July 1, 1997, see Health and Safety Code ¢ 18949.6, post §Code. �1 18949.6. Procedure for adoption of xhuWards and administrative regulatio ns - Text of section operative July 1, 1997. into the (a) The commission shall adopt regulations setting forth the procedure for the adoption of building standards and administrative regulations that apply directly to the implementation or enforcement of building standard& lesl a (b) Regulatory adoption shall be accomplished so as to facilitate the triennial adoption of the specified Y a model codes pursuant to Section 18928. (c) The regulations shall allow for the distribution of proposed building standards and regulatory changes to the public for review in compliance with the requirements of the rulemalcing Provisions of the Administrative Procedure Act(Chapter 3.5(commencing with Section 11340) ' • •of Part 1 of ivisi n 3 of Title 2 of the Government Code)and for the acceptance of responses from the public. (Amended by Stats 1993, c. 56 (A.B2351), § 27; Stats.1995, c. 938 (S.B.523), § 65.8, operative July 1, 1997.) For text of section operative until July 1, 1997, see Health and Safety Code § 18949.6, ante. Law Revision Commission Comments 1995 amendment Section 18949.6 is amended to correct the reference to the Administrative Procedure Act. (25 Call.Rev.Cvmm. Reports 55(1995)1 Chapter 7 CONSTRUCTION INSPECTORS, PLAINS EXAMINERS, AND BUILDING OFFICIALS - Section Section 18949.25. Construction inspector. 18949.29. Continuing education. 1894926. Plans examiner. 18949.30. Application of chapter. 1894927. Building official. 18949.31. Local agencies; costs and fees. rds and 1894928. Experience and certification require- ments; exemptions. ;lion of The heading of Chapter 7 was added by Stats.1996, c 124 (AB.8470), § 59. The former heading of Chapter 7, CanatnutiOn Inspector Plans Examiners, and Buildings OfJucial% added by Stats.1995, c 623(AB.717), §I, was repealed by Stats.1996, a 124 (AB 5470), §58. t 0 of the 18949.25. Construction inspector a local purposes of this "construction inspector"means any person who is hired or contracted by agency in a temporary or permanent capacity • ' , for the purpose of inspecting construction for Additlona or dumq s indieared by underfine; deletions by asterisks • • : 43 1�`J4y.L� HEALTH AND S"ETY CODE Fnlctnral, seismic safety, fire and life safety, or bmk&g system r pArements of adgAW uniform codes standards,as applied to residential,gal,or industrial buildings.mmxn}y§ 18966,added by Stats.1995,c.623(A.B.717), § 1. Renumbered $ 1894925 and amended b, ata1996,c.124(A.B.3470),¢ 60.) Historical and Statutory Notes 1996 Legislation Subordination of legislation by Stata.1996, c. 124 (&B. 3470),to other 1996 legislation,see Historical and Statuto- ry Notes under Business and Professions Code 4 650.4. $ 1894926. Plans examiner For purposes of this chapter, "plans examiner"means any person who is hired or contracted by a loca agency in a temporary or permanent capacity ' ' • for the purpose of performing construction plan review for structural seismic safety, fire and life safety, or building system requirements of adoptea uniform codes or standards,as applied to residential,commercial,or industrial buildings. (Formerly§ 18966, added by Stats.1995, a 623(A.B.717), § 1. Renumbered § 1894926 and amended b, Stats.1996,c. 124(A.B.3470), § 61.) Historical and Statutory Notes 1996 Legislation Subordination of legislation by Stats.1996, c. 124 (A.B. 3470),to other 1996 legislation,see Historical and Statuto- ry Notes under Business and Professions Code 1 650.4. § 1894927. Building official ' For purposes of this cha ter, "building official" means the individual invested with the responsibiliq for overseeing local code enforcement activities, including administration of the building department interpretation of code requirements,and direction of the code adoption process. (Formerly§ 18967, added by Stats.1995, c.623(A.B.717), $ 1. Renumbered $ 18949.27 and amended by Stats.1996, c. 124(AB.3470), § 62.) Historical and Statutory Notes 1996 Legislation Subordination of legislation by Stats.1996, c. 124 (A.B. 3470),to other 1996 legislation,see Historical and Statuto- ry Notes under Business and Professions Code § 650.4. i § 1894928. Experience and certification requirements; exemptions f (a) All construction inspectors, plans examiners and building officials who are not exempt from the -: requirements of this chapter pursuant to subdivision (b), or previously certified, shall complete one year of verifiable experience—'^m t ie appropriate field,and shall,within one year thereafter, obtain certification 1 from a recognized state, national, or international association, as determined by the local agency. The area of certification shall be closely related_ to the primary job function, as determined by the loca. agency. (b) Any person who is currently and has continuously been employed as a construction inspector, plans examiner, or building official ` * ' for not less than two years prior to the effective date of this-section shall be exempt from the certification provisions of this section, unless and until that person obtains employment as a constriction inspector, plans examiner, or building official with a different employer. (c) Nothing in this article is intended to prohibit a local agency from prescribing additional criteria for the certification of construction inspectors,plans examiners,or building officials. (d) Nothing in this chapter, as it relates to construction inspectors, plans examiners, or building officrials, shall be construed to alter the requirements for licensure, or the jurisdiction, authority, or scope of practice, of anhitects pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the Business and Professions Code, professional engineers pursuant to Chapter 7 (commencing with Sectior- 6700) of Division 3 of the Business and Professions Code, or land surveyors pursuant to Chapter lE (commencing with Section 8700)of Division 3 of the Business and Professions Code. s (Formerly § 18968, added by Stats.1995, c.623 (A.B.717), § 1. Renumbered § 1894928 and amended by Stats1996,c. 124(A.B.3470), § 63.) Additions or Manses indkated by erdertlrw,, deletions by asterisks : * * ••'' 44 i ,ODE: HEALTH AND SAFE'L'Y CODE 18949.31 codes Historical and Statutory Notes ied by 1996 Legislation Subordination of legislation by Stats.1996, c. 124 (A.B. 3470),to other 1996 legislation,see Historical and Statuto- ry Notes under Business and Professions Code 1660-4. { i § 18949.29. Continuing education } All construction inspectors, plans examiners= and building officials shall complete a minimum of 45 hours of continuing education for every three-year period. (a) Providers of continuing education may include any organizations affiliated with the code enforce- ment profession, community colleges, or other providers of similar quality, as determined by the local a local in`y' n plan (b) For purposes of this section, "continuing education" is defined as that education relating to the dopted enforcement of Title 24 of the California Code of Regulations,and any other locally enforced building and construction standards, including, but not limited to, the model uniform codes adopted by the state. ded by When a local agency selects a model code organization as a provider of continuing education or _ certification programs regarding the enforcement of a model code adopted by the state, the local agency shall give preference to the organization responsible for promulgating or drafting that model code. (Formerly§ 18969, added by Stats.1995,a 623(A.B.717), § 1. Renumbered § 1894929 and amended by Stats.1996,c. 124(A.B.3470), § 64.) Historical and Statutory Notes 1996 Legislation Subordination of legislation by Stats.1996, c. 1?A (LB. 3470),to other 1996 legislation,see Historical and Statuto- ry Notes under Business and Professions Code § 650.4. .sib111ty -tment, 18949.30. Application of chapter 'ded by This chapter does not apply to a registered professional engineer,licensed land surveyor, or licensed architect rendering construction inspection services, plan examination services, or building official services ' ' • within the scope of his or her registration or licensure, except that this chapter ' ' ' applies to a registered professional engineer, licensed land surveyor, or licensed architect who is an employee of a local agency. This chapter does not apply to a construction inspector or plans examiner employed by any city or county fine department or district providing fire protection services. (Formerly § 18970, added by Stats.1995, c. 623(A.B.717), § 1. Renumbered § 1894920 and amended by Stats.1996, c. 124 (A.B.3470), § 65.) -om the Historical and Statutory Notes ne year 19%Legislation fication Subordination of legislation by Stats.1996, c. 124 (A.B. y' The 3470),to other 1996 legislation,see Historiml and Statuto- to local ry Notes under Business and Professions Code § 650.4. ,r, plans won § 18949.31. Local agencies; costs and fees obtains 1ployer. The local agency shall bear the costs of certification, certification renewal, and continuing education, as :aria for mandated by this chapter. The local agency may impose fees, including, but not limited to, fees for construction inspection and plan checks, which may be used to cover the costs of compliance with this building chapter. A local agency's actual costs of compliance with this chapter may include,but are not limited to, 3rof the training and certification courses, certification exam and renewal fees, employee salary during training on and certification courses, and mileage and other reimbursable costs incurred by the employee. The fees Section 15 " unposed to cover the costs of compliance with this chapter shall reflect these actual costs, and are not limited by Chapter 5 of Division 1 of Title 7. nded by (Formerly § 18971, added by Stats.1995, c. 623 OLB.717), § 1. Renumbered § 1894921 and amended by Stats.1996,c. 124(A.B.3470), § 66.) Additions or changes indicated by underline; deletions by asteftm ' : • I 45 Subw&wktion of legiaLtion by Stats.1996, c. 124 (A-B. 3470),to other 1996 leodation,see HistoriaJ and Ststuto- . ry Notes ender Basin and Profimim Code 1650-4. ! Part 2.7 STATE HISTORICAL BUILDING CODE Section 18965 to 18971. Renumbered. Cross References Reconstraction,restoration,or rebuilding of multifamily dwellings, conformance with this part, see Government Code§ 65852.25. 11895L Purpose Notes of Decisions Preservation 1 cally significant properties but is not a device by which city or county may compel owner to preserve the histori- cal character of the property. Prentiss v. City of South 1. Preservation Pasadena (App. 2 list. 1993) 18 Cal.Rptr2d 641, 15 Historical Budding Code fits pattern of laws designed to CalApp.4th 85,rehearing denied,review denied. encourage private owners to voluntarily preserve histori- § 18965 to 18971. Renumbered Health and Safety Code H 18949.25 to 18949.31 and amended by Stats.1996,c.124(A.B.3470),if 60 to 66 Part 3 MISCELLANEOUS L` Chapter Section 11. Plans and Specifications for Development .......... . . . . ..... . . . .. .... . ... .... .... . 19870 Chapter 1.5 RADON CERTIFICATION [REPEALED] Chapter 1.5 was repealed by Stats 1995, c 415 (S.B.1360), § 130. it 19010 to 19036. Repealed by Stats.1995,c.415(S.B.1360), § 130 Historical and Statutory Notes Section 19026 was amended, prior to repeal, by Stars. Legislative findings relating to the nonsubstantive ef- 1992,c.102(A132673),§ 1. feet of Stars-1995, c. 415 (S.13.1360), and the legislative For disposition of repealed subject matter, see disposi- intent not to create any new rights, see Historical and J ' tion table at the beginning of this pocket part. Statutory Notes under Health and Safety Code $ 100. Chapter 2 i � EARTHQUAKE PROTECTION Article Section 7. Seismic Gas Shutoff Devices...................................................... 19200 Additions or changes Indicated by underline; deletions by asterisks iT 46 I !