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- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
CITY ATTORNEY
Subject: Authorize City Attorney to Continue the Employment
Of Two Part-Time City Attorney Investigators for
The Remainder of Fiscal Year 2004/05, With No
Benefits, at $32 per hour, for the Purpose of
Enforcing the City of San Bernardino's Municipal
Code Relating to Code Compliance Matters.
Dept: CITY ATTORNEY
Date: March 29, 2005
Mice Meeting Date: April 4, 2005
Synopsis of Previous Council Action:
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05/05/03 - Authorized the City Attorney to hire a part-time city attorney investigator for the period May 6, 2003 through
June 30, 2003, with no benefits, at $32 per hour, for the purpose of enforcing the City of San Bernardino's Municipal
Code relating to transient vendors; authorized the Director of Finance to effect a budget amendment transferring $4,200
in savings from Account No. 001-073-5502 (Code Compliance Professional Services-CDBG) to Account No. 001-051-
5014 (City Attorney's-Part-Time Hiring); authorized the establishment of one (I) position of City Attorney
Investigator/Special Projects (Part-Time), Range PT, $32.00/hour and directed the Human Resources Department to
update Resolution 6413, Section 13, to reflect this action.
08/04/03 - Approved the reappointment of City Attorney Investigator/Special Projects (part-Time) effective July I,
2003 through August 31, 2003.
09/15/03 - Approved the reappointment of City Attorney Investigator/Special Projects (Part-Time) effective
September I, 2003 through December 31, 2003.
12/15/03 - Approved the reappointment of City Attorney Investigator/Special Projects (Part-Time) effective
January I, 2004 through June 30, 2004.
04/05/04 - Two part-time City Attorney Investigators/Special Projects were appointed by the Mayor and Common
Council with no termination date.
Recommended Motions:
MOTION A: That the Mayor and Common Council authorize the City Attorney to continue the employment of two
part-time City Attorney Investigators for the remainder ofFY 2004/05 (through June 30, 2005,) with no
benefits, at $32 per hour, for the purpose of enforcing the City of San Bernardino's Municipal Code
relating to code enforcement matters.
MOTION B: Authorize the Director of Finance to effect a budget amendment transferring $43,000 in savings from
Account No. 001-073-5XXX (Code EnforcementProfessionaI Services-CDBG) to AccountNo. 001-051-
5XXX (City Attorney's Office -Part-Time Hiring.)
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Contact person: James F. Penman Phone: 5255
Supporting data attached: Staff Reoort Ward:
FUNDING REQUIREMENTS: Amount: FY 2004/05 $43.000
Source: (Acct. No.) 001-073-5XXX
(Acct. Description) Code Comoliance Professional Services-CDBG
Finance: : I ~
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Agenda Item No. 33
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Council Notes:
DHC/ed/CityAtty[Invs.Temp.rca)
STAFF REPORT
Council Meeting Date: Auril 4. 2005
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Office
March 29, 2005
Authorize City Attorney to Continue the Employment of Two
Part-Time City Attorney Investigators For the Remainder of
Fiscal Year 2004/05, With No Benefits, at $32 per hour, for the
Purpose of Enforcing the City of San Bernardino's Municipal
Code Relating to Code Compliance Matters (Agenda Item No.-->
In response to the request of the Director of Code Compliance, it is proposed that the City
Attorney be authorized to fund two City Attorney Investigators/Special Projects (Temporary/Part-
Time) for the remainder of Fiscal Year 2004/05, with no benefits, at $32 per hour, for the purpose
of enforcing the City of San Bernardino's Municipal Code relating to transient vendors, the Business
Improvement Program, and other related code enforcement matters.
The City Attorney's office has been advised by the Director of Code Compliance that
sufficient CDBG funds exist due to savings in the Personnel Services account of Code Compliance
to assist through the remainder of the current fiscal year with the City's aggressive enforcement of
its code enforcement matters, and thus he supports the proposed transfer of funds to accomplish this
enforcement effort.
Presently, the funds for these investigators have been exhausted and additional funds are
required to continue to fund these positions. The hourly rate of $32 for each investigator is
compatible with the salary range for the full-time City Attorney Investigators. The $43,000 needed
for the remainder of Fiscal Year 2004/05 would be transferred to the City Attorney's Office from
the salary savings in Code Compliance, as noted above. If approved, this will continue the code
enforcement efforts of the City Attorney's Office through June 30, 2005. (It is noted that the Police
Department has been dispatching the City Attorney Investigators to other calls received by police
dispatch when not enough police officers are available. This situation arises frequently.)
It is requested that the two floor motions be adopted.