HomeMy WebLinkAbout08-City Administrator
CITY OF SA'. BERteRDINO - REQUEST O>>R COUNCIL ACTION.
Dati: July 25, 1990
Acceptance of Final Report concern-
ing the management audit conducted
by Smithson/Dillon Associates for
the Planning & Building Services
Department and authorize final
payment for services performed in
the amount of $6,750.
From: Shauna Edwins, City Administrator Subject:
~: Administrator
Synopsis of Previous Council action:
May 7, 1990 -- Resolution No. 90-170 was adopted authorizing the
execution of an agreement with Smithson/Dillon Associates
to perform a management audit of the Planning & Building
Services Department.
July 9, 1990 -- The Preliminary Report was presented to the Mayor and
Common Council.
Recommended motion:
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That the Final Report submitted by Smithson/Dillon Associates relative
to the management audit of the Department of Planning and Building
Services be accepted and that final payment in the amount of $6,750
be authorized.
~nd/kJ~/2d
/ Signature
ContICt penon:
Supporting data .u....hed:
Shauna Edwins
Phone:
5122
Yes
Ward:
FUNDING REQUIREMENTS:
Amount: $ 6 , 750.00
Source: (Acct. No.) 001-104-53150
Acct. Oescri tion Professional Contractual Ser e
Finance: V /:..-" _ r
.uncil Notes:
"Il._""'"
Aaenda Item NO.--2
CITY OF SAN SER.RDINO - REQUEST fla>>R COUNCIL ACTION
C)
STAFF REPORT
The Mayor and Common Council authorized the firm of
Smithson/Dillon to conduct a management audit of the Planning
and Building Services Department. On July 9, 1990, the
Preliminary Report was presented to the Mayor and Common
Council and comments were solicited, as well as changes. A
deadline of July 18th was established to receive these
comments and/or changes from the Mayor and Members of the
Council. No changes were received.
The Final Report is being submitted with two additions:
1. The Department Work Plan submitted by Larry Reed;
and
2. The Environmental Mediation Project Report from the
city of San Diego.
It is recommended that the Final Report submitted by
Smithson/Dillon Associates relative to the management audit
of the Department of Planning and Building Services be
accepted and that final payment in the amount of $6,750 be
authorized.
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75.0264
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.City of San Bernardino 0
INTEROFFICE MEMORANDUM
9007-3318
TO:
Shauna Edwins, city Administrator
-I {pi
and Building J
FROM:
Larry E. Reed, Director of Planning
Services
SUBJECT: Department Work Plan - Consultant's Recommendations
DATE: July 18, 1990
COPIES: W.R. Holcomb, Mayor
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This last Friday, July 13, 1990, the Department I s extended
Management Team met to review Smithson and Dillon's
recommendations concerning the Department of Planning &
Building Services. The expanded Management Team includes the
Department's work section Supervisors and Senior level staff.
Attached is the agreed upon implementation plan.
Staff will attempt to implement as many of the recommenda-
tions as possible. However, until the Department · s plan
check and counter support positions are hired, full
implementation is not possible. Presently, the Department is
grossly understaffed and to continue operating without
adequate staff, increases the already high stress level, as
well as decreases the opportunity for staff to perform to the
best of their ability.
In the last Fiscal Year, the Department spent over $120,000.
for outside plan checking: $84,078.46 to Wildan Engineering
Company and $36,890 to BSI. (Wildan and BSI plan check
services were originally intended to provide only expedited
plan checking: however, with Charles Dunham, Plan Check
Engineer, being off since December, increase in the number of
building permit applications and counter contacts, required
the Department to use the two firms for the City's routine
plan checks.) In addition, the Planning, Code Enforcement,
and Field Inspection staff were assigned to the counter as a
stop gap measure. This contributed to a very costly,
inefficient, and inconsistent plan check service.
The Department (not counting the new position of Assistant
Director and Analyst) has 11 vacancies. Only 6 of the 11 are
new positions. Of the 5 previously filled positions, 4 must
be filled as soon as possible. These include Secretary for
the Planning Division, Plan Check Engineer, and 2 Building
Inspectors. (We are currently using Pace Setter Inspectors
to cover the City's field inspections at $50 per hour.) The
remaining 6 new positions in this current year's Budget are 1
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INTEROFFICE MEM~DUM:
Department Work Plan
July 18, 1990
Page 2
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9007-3318
Associate Planner, per recommendation to upgrade Associate to
senior Planner, 3 Planning-Development Permit Technicians and
2 Plan Checkers. Of these 6 positions, 2 of the 3 Planning
Technician positions, plus the 2 Plan Checker positions must
be hired in order for the Department to again do in house
plans checking.
There are other Management study questions I have related to
the Budget, and discrepancy concerning the number of
positions, which I would like to discuss with you when we
meet to go over the Department's Implementation Plan.
Given the Management Report's recommendations, I anticipate
your concurrence that the Department needs to fill the 8
positions listed. The remaining 3 positions could remain
vacant for a portion of this Fiscal Year to help balance the
city's Budget.
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ACTION PLAN
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~ Work Lead Time
Task No. Sections Person Line
1.
Development Plan Check+ Consultant 3 months
of Standard CUrrent+
Operating Pro- Advance+
cedures Building+
Code Enf.+ Requires
(Priority) Clerical+ Budget Work
2.
New Programs Director Assistant Dir. On-Going
Impl_ention and Work (when hired)
Analysis Section
(Low Priority) Supervisors
3.
Immediate C. of Building Jack Masters Start 7j19th
o. Processing Inspection
Changes Review 26th
(Priority)
4.
-- Building Prmts. Dept. task Task Team 2 months
Streamlining team has gone (Sept.-mid)
above and
beyond
recommenation
and needs more
compr. action
(Priority) plan
5.
Complete Cen- Administrative Mary Freiberg 3 months
tralizing of Operative (by time of move)
filing system support (temp. or
(Priority) clerical pool staff
required)
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ACTION PLAN .
JULY 16, 1990
PAGE 2
Task No.
6. .
Develop
Automated
Systems
(Priority)
7.
Dept. Policy
Workshop with
Council
(Strategic
Plan)
(Priority)
s.
Dept. and
Work Section
Staff Meetings
9.
Recognition
of Employees
Achievements
(Morale)
10.
Internal
Training
11.
External
Training
12.
FRONT COUNTER
More "User
Friend-ryn-
Work
Sections
Current Plng.
Building
Dept. Man-
agement Team
(Budget?)
Dept. Man-
agement
Mqmt. Staff
Mqmt. Staff
Mqmt. Staff
Current Plng.
Lead
Person
John M.
Joe L.
Larry R.
Larry R.
Larry R.
Mqmt. Staff
Mqmt. Staff
Sandi P.
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Time
Line
A. Buying/setting
up 1st 1/2
1 month (word
processing)
B. 6 months - 1
year 2nd 1/2
(Tracking Programs)
Within the first
month (30 days)
On-going
(will improve)
On-going
Implement with
budget and staff
(on-going)
Implement with
budget and staff
(on-going)
1. Some things in
progress
2. Balance upon re-
location to
Thrifty Building
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ACTION PLAN
JULY 16, 1990
PAGE 3
Task No.
13.
Develop
Flextime
Work Schedule
14.
Building Insp.
Supervision
Accountability
15.
Purchase of
Uniform Bldg.
Code Books
16.
Recommen-
dation Enf.
(Code Enf.
Computeri-
zation)
17.
Title Change
to Code Enf.
Inspectors
18.
Code Enf.
Activities
Prioritizing
19.
Change in Mun.
Code allowing
staff to issue
Citations with-
out Signature
20.
Monthly
Director
Meetings
21.
Joint Com-
munication
meetings with
Public
.
Work
Sections
Dept. Wide
as approved
by director
Lead
Person
John M.
Debbie D.
Dean P.
Vince B.
Building Insp. Joe Lease
Building
Inspection
Code Enf.
Code Enf.
See No. 7
Code Enf.
(Work with
City Attorney)
Director
Director
Dean P.
Debbie D.
Debbie D.
Debbie D.
Larry R.
Larry R.
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Time
Line
1 month
1 month
1 month
1 month
.0
On-goitlg
(comput~r-upon move)
Done/approved in
this years budget
1 month
1 month
(in progress)
1 month
1 month
Defer tiladditional
staff on board
ACTION PLAN . 0
JULY 16, 1990
PAGE 4
e Work Leac1 Time
Task No. Sections Person Line
22. 2 months
Joint Joint effort Larry R.
Dept. Train- of effectec1
inq city-Wic1e C of 0 Depts.
(Low Priority)
23.
Keep Dept. (See Orq. Chart) Done
Toqether
24.
Separate Not Applicable
Dept.
See No. 23
25.
Career Builc1inq Dean P. 6 months
Lac1c1er for
Builc1inq
Inspectors
~ 26.
Clerical Director Larry R. 7/19th
Pool See Orq.
De-Cen- Chart 1123
tralizec1
27.
Coc1e Enf. city Ac1min. Shauna Ec1wins 1 year
Function
Centralizec1
into one
Department
/ke: 7/16/90
MISCELLANEOUS:
ACTIONPLAN
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411
ENVZRONMENTAL MEDZATZON
PROJECT
CZTY OF SAN DZEGO
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THE CITY OF
SAN DIEGO
OFFICE OF CITY ATTORNEY . EXECUTlYE COMPLEX
1010 SECOND AVENUE . SUITEJOO . SAN DIEGO. CA 92IOI-490J
CRIMINAL DIVISION . CONSUMER FIUUD UNIT . (619) 5JJ-JOOO
JOHN W, WITT
CITY dTTOIlNEY
STUART H. SWl!TT
SENIOR CHIEF DEPUTY
Barbara Dillon
Smithson Diller Association
2377 Crenshaw Boulevard, Suite 152
Torrance, CA 90501
Dear Barbara,
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Enclosed are some articles and information about our project
which you haVe requested. If you have any questions, please feel
free to call me at 533-3000. Thanks again for your interest.
~~
Susan Quinn
Director
Environmental Mediation Project
SQ/mf
enclosure
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XlJ)n~:J:Olf :J:1f CODIl DIJ'OIh;--"N:I:
saezo lUZiTDrG
DllCJI U, 1990
SVPlf QUDDI
D:J:SPtI'rIl gaQr..QnOll COORDDIUOll
hV.uu:,~. CO~ ~C'.r
en 01' SD D:J:ZGO
PDIlr.:J:S'fS:
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I.OllDZO GIlIIDT, BUIIoD:J:1fG :J:1fSHC'.r:J:Olf ID>>U~
TOBY Tln.T.T1., BUIIoD:J:1fG DSHC'.r:J:01f DB~
n llOGZllS, PLaJIJIDIG Dlll'UTHIlJI'f
I'UB SHU, naB 1nl1ftd.....:I: 021>>---:1:
llOBZU UCCJI:J:, 1lLUIIIDIG DIl1'UUUi!I:I:
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DXSPUTB RBSOLUTXON OYrXCB
BNVXROIlMENTAL COtJRT PROJBCT
Jointly sponsored by
The City of San Diego & The University of San Diego
OUTLIHB OF COMPLIANCB MEDIATION PROCBSS
X. MEDIATION PROCBSS
A. Introduction
Describe mediation and role of mediator
B. Storv tel1ina
Each party (property owner and city representative)
has opportunity to describe the situation from their
perspective without interruption
C.
Exchanae and Neaotiation
--
Opportunity for parties to understand other's
perspective and other party's needs
Vent anger or feelings of persecution
Explain why law exists and why property needs to come
into compliance
Clarify what exactly needs to be done and alternatives
Reach an agreement that is satisfactory to both
parties
D. D~aft final aareement
E. Sian tvned aareement
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II. ROLE OJ' DBPARTHBJI'r RBPRBSDl'.rATIVII
A. Must be able to make decision regarding:
1) ~ property owner can COMPLY and what substantial
compl~ance will be
2) !H!H specific tasks need to be done - allow
"reasonable" time
B. Explain why the law exists
C. Distance themselves from past events and seek compliance
not punishment
D. Be willing to offer something to the other party - maybe
to be a contact person, schedule inspection at owner's
convenience, send owner information, be willing to grant
extensions of time if they have made efforts toward
compliance
E. Maintain confidentiality of complainant
F. Monitor compliance after mediation
III. ROLE OJ' MBDIATOR
A. Maintain control of process
B. Keep meeting balanced and focused
C. Help parties clarify their needs and possible solutions
D. Assist parties draft agreement that is CLEAR and
SPECIFIC
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THE CITY OF
SAN DIEGO
OFFICE OF CITY ATTORNEY .' EXECUTIVE COMPLEX
1010 SECOND AVENUE . SUITEJOO . SANDIEGO.CA 92101-~90J
CRIMINAL DIVISION . (619) 5JJ-JOOO
JOHN IV. WITT
OTYATTORNfY On January 29, 1990, Henry Smith, owner of property at
STUARTH.SIVETT 123 Elm Street, met with Ty Rogers and Robert Vacchi
SfNIORCHlfFDUUTY from Zoning Investigations and Susan Quinn, Mediator to
SUSAN M. HE.4TH discuss the issue of zoning violations on the property.
CHIUDfl'UTY As a result of this compliance mediation the following
DEVIN J. CHIN-LEE agreement has been reached:
ASSISTANT CHIU Dfl'UTY
1. Ty Rogers and Henry Smith agree to meet with Lydia Moreno,
Investigator, and the tenant, Mrs. Peterson at 10:00 AM
February 12, 1990 at the property.
At the meeting on February 12, 1990, Mrs. Peterson will be
notified that she must:
a. remove the storage structure, and
b. remove all non-incidental storage from the rear yard by
March 12, 1990.
2. Henry agrees to contact Mrs. Peterson and notify her of the
meeting on February 12, 1990.
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3.
If the property is not in compliance by March 12, 1990,
Henry agrees to begin eviction proceedings against Mrs.
Peterson immediately.
4. If Mrs. Peterson does not meet the March 12, 1990 deadline,
Henry agrees to remove the storage structure and remove all
non-incidental storage in the rear yard no later than May
15, 1990.
5. Ty Rogers and Robert Vacchi agree to allow reasonable
extensions of time if progress is shown toward compliance.
Henry Smith agrees to contact Robert Vacchi at 533-4616 to
request an extension of time.
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THE CITY OF
SAN DIEGO
OFFICE OF CITY ATTORNEY . EXECUTIVE COMPLEX
IOIOSECONDATlENUE . SUITEJOO . StlNDIEGO.CA 92101-~90J
CRIMINAL DII'ISION . (619) HJ-JOOO
JOHN W. WITT
CITY~TTORNn On January 16, 1990, Leonard Jones, owner of property at
STUtlRTH.SWETT 123 21st Street and 123 Market Street, met with Don
SENIOR CHIEF DEPUTY Evers from Building Inspection Department and Susan
SU~NM.HUTH Quinn, Mediator, to discuss the issue of Housing Code
CHIEF DEPUTY violations on the properties. As a result of this
DEVIN J. CHIN-l.EE compliance mediation the following agreement has been
~SSJST~NT CHIEF DEl'Unreached :
1. Leonard agrees to remove enough trash from the dumpster on
the site to allow the lid on the dumpster to be closed.
This trash must be removed before Friday afternoon,
January 19, 1990.
2. Leonard agrees to completely empty the dumpster and to lock'
it by 5 PM Tuesday, January 23, 1990.
3. All parties agree that two trash cans with covers will be
provided for each unit on the property by Leonard.
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If a dumpster is kept on the property, Leonard agrees to
have it emptied twice a week.
5. Leonard agrees to make the following repairs:
a. All windows must be operable
b. Trap drains in the kitchens and bathrooms must be
cleared and leaks repaired
c. The floor heater must be made operable
d. The grill or grating over the floor heater must be
replaced.
4.
6. Leonard agrees to have all repairs completed for the unit at
21ST Street by February 19, 1990.
7. Don agrees to schedule an inspection for the unit on
February 19, 1990.
8. Don agrees to have Larry Lopez, Inspector, meet with Leonard
to resolve the entry door problems for 123 Market Street.
9.
.
Leonard Jo
-&ec
Susan Quinn,
(/)..
J ~ .Lf..JI..
M ator
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Mediation Can Make A Difference
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In -....ID~. demand
IeaeIs IIId die ndIliaIIal clay in c:aurt,
The Oty of SID J:lie&o, t"JIfhni. is
usiDI '" 0(11"'" lDlIl fbr ,.1..1.. c:aupIi-
m:e in axIe......~ dlspo"'"
It.s -- -1IId appaI'"
endy, it.s WllIIdna.
"We IlriDI in lbe alleged
vioIatDr, a _ I lWiw fnm the
appropriaIe cIepInmalr.lIld a media-
0. In mcn.dIm 90 peam of the
cases. the pulieI walk away wilb a
writtal ~-AfJJl Plus. we'R: getting
man: dim '70 p.a_4 ccmpIiance,"
said Dispule ~,JtiIWl COOIdinatDr
Susan Quim.
The -stirq efl'ons an: put of
the Envi.Oo"f... ...d CclUIt Projea. a
pilot Ill...... jaimly fiIIIdIld by the
Oty IIld die UIIM:Isi&y of SID DIego
Law SdloaI QuiDn, Iepl imems,
professors IIld adIe1s save as media-
lOIS.
"It.s an opporlIIIIity ID WOIIt
confIiCls 0Ul- an inrerIPetIi"'.. Slep
to keep di",,_ fnm baving ID go to
the city .......)"s ofJ5ce forprosec:u-
lion. Mast of die cases c:ame liaD
zmin& and,- widl pnlbIcms such
as m.",....ti. vebidesin _'s
frail yaId. We bave hid SllIIIe neigb-
badlood .m......1Ild hN~g
vioI.aIims iInoIvinC IalaJIIS IIld
IandIonIs, " Quinn said, IIDling thal
m..di2ri.,.. bqlIl in ~~ 1989
and about 60 had been c:cmpIetcd by
the end of the )'aI'.
"It's beeD very ,.~
Using a sy<fem2ri(" appItlId1. we
wanII:d to IICkIe cases dw werm't
eminem heaId1l1ld safety issues. We
wanII:d to expkR medialia1 wiIh
neig!1bor.fDneigbborcllspulCSor
peISlXIaIity-type dispII1es betw=1 an
inspeaor and a vioIatDr. MediatiCll in
these typeS of cases allows lIS ID
channel our energies ID mln large-
scale or significam cases." said loe
.
'7A mGI"e than 90 _ ~ qfthe cases. the parties wa.Uc:
CIIDCIIf with Cl UJritten ~ J'lus.. we'" gett;lng
JIIDI"e than 70 pe. cent compliance. ..
SchiI1ing. supervising "'My felI'the
Oty Anomey's axle <alfu........alt
IIIIir.
MidIad Shames. an e=:utive
diJeculr of a uliIily CClrlPvner IJ'OUP
who serves as lbe diJeculr of the
J:nvitcamental CclUIt Project. (l' ~,d'"4
0Ul anotber beDe51 of-llli....
"Dispulrs can be scaled-to
the ...ri_ ofbodlpanies-in a
maIlllI' or weeks orlllOlllbs. ~
ID tile CIle-and+llalfto two ~
needed fell' tile cwrent alUIt sysran,"
he said.
"Everyone walks
awayfeeling
good after a
session."
,..
"h'um"tillgbOw lIuible
deparlme81S IIld ~ can be.
Many liDIeS. an ilIdMcIual just
doesn't1llldentand whal needs to be
done crbow to go abouti1. Wid!
_2ri""l.dleCtydeplltmelltlqn-
SIIIIlIlMl can save almOll as a n:-
soun::e." ~es added.
A..oo.dh.g1D SIt"""". lbe
mMl2ri<<, P-O&a..... has helped ID
"SlOp tile growth" of a 2,600 ZCIliIIg
case backlog. Pemaps it's also given a
"Iwman side"lD city government.
"It gives lbe propetty owner a
place to Idl their side of lbe SlDI'y,
which oftm d1ey fed is never heard.
They can open up IIld Idl things dw
they didn't want ID Idl the investiga-
tor. The Cty 111m can take dwinID
COIlSideral:iCI )'Ct still get caupli-
anoe," said seniorplanner Ty Rogers,
who woIIts in the ne:ighbortlood seJV-
ice divisiCll of the: planning
depanmem's zoning investigaliCll
section.
''The invesIipror isn't presellt
usually a pIamer IIJzmin& saves as
our 1"'tA WAtive. u.u.o.y, welte
able ID pc wba dw_oIfl!l8~ lried
1Dget. -- il',lmatll:roflS
clays being pea ID ccmply wbenthe:
peISCIl ueeded 30, We bid CIIIl
individual wilb'*llb pmOI...... but
we didn't knDw d1a,Wben we were
knocking ClIl'-door IIld ...mi'1g him
IlCCioes of yInIJl!l'llM ......~ is
ar.ocber way ot,.....aovemmem
caRS IIld can.~- CIICe we
UIIdeIstand the -""'"Roams
said.
"Most of the dJDe. we'le jIst
watciIIi 0Ul .-.1iIme for FGing
~Ii....... if. do have ID go
to c:aurt,tIle __ we lried iD
m~.'" is a pIUs -lIS," he lidded.
Who ~..., wII:n MMillrinn
will be lISlld'1 4j! II' 'lID ScbiDing,
weekly m-..,..Ileld to discuss
cases, with '411 J ..d:l/CS ftan
ZCIliIIg lIIId tile ci17llDOiDCi's oftke
worlcing. a llIIm IIldeJermine when
mediatiCll getS I peen light.
"Tr-odi-lly, tile city
....""1.' otBce 11...-........1 ooly
wben1ep1 advice is neederl But
l.CIling CJIfon:aDent is a legal area and
it's imponaut III bring the city
aaomey's oflk:e inID cases. The
ulIimare goal is ID pc ccmplianoe.
And wilh [N"rli~ we're often able
ID do dw effectively - saving time
and mcn:y for the Cty IIld raxpay-
eIS," Schilling said.
"It's liIa: an old fashioned
neighborhood approadl-let's just
sit down and talk to each Olher.
Everyone walks away feeling good
after a session. " he added.
For more it(onnDJion on this
Cily of San Diego program. wriu TD
1010 Second Ave., Suite 300, SQII
Diego. CA 92101 or caJI619-533-
3072.
17 THECmoM..~~",REJIllRT F_l990
e
Volunteers
help solve
city disputes
SAN DIIXlO
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By HERB FREDMAN
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SAN DIIGO TIlIBUN! 8-,
WedModay. April.. 1990
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.......... pIIIIic..... 'f I
_..._11 81a......... wiLlI
__..._c:-u
_........_._oI_sIipl"
t8 UIII citY' ........... .... ....~_....
No ..... .. .... all _ ,.-.
1k_II_oII_iIcI__
..... 01-.
U __ '""*" _ _ LIler
_ _ _Jar tIlI..--....
dIn&IUId code..... & ., ..resolve.
A In...... ......J I' IJI&IID aUows'
_.....laI1l1ona1i1l1l1endll.
No Iarp i- ~. .... eM . Withut com.
p1a__ YOl,Utlllalylriellor
-..... ~ .. ...., 01 bureau-
..... _ iaspeelln. _ __ aad
jad.. _ ._110 _..... ",lb_
..... jail eelll. c.. ....... _pl LIle
cil',
All .-.mical opproaeb. -. DRO.
bl1llp ollepd riolalorl ....lber .ltb
trIIDIII mediIIIrI .... aty ,spaHv'!IIliftl
iD I DtIIU'aJ setUIC- To aYlid eaDfroalaUOIL
compWDiDlS are DIftI' pI8tDt or ldenuJied.
Mda___taIlIIolloollwO
IDIIIIIlIIL AJ&aIIIiwI1.,.... TP"
....... - ...-. - -
__,. .. 1__,...011I-
_...... 01 _1IIlIIDI1 .... -...
II ..... _ _I _ lift ,.... ..
Iaopr.
AIJpiea1.......___
,..,.,.,. _ AlIa_ (oat iii no!
_1IiI~___SaIl
DiIID........ __ tilt ......--'-- 'nlt
.....__._tbal._Ed
J__~-''''' - Ro
__ae....,n-....-
....--
CouaIII .. MitId lO meet witb . me-
dia... aad......- WILlI.. ~
_.__.._liI_
Iiee_J_IIiI_--
__,b.df' ..... Ud . I..~ -
lIiI_ae'cl1~be-
-
A ZGIIiDC _pdfllar wu sympatltttle bat
r"", tbaI,..,..., _Ill...."" an reo
_bIo.RIlIidaot"""--pIaiDed.
He u,IuDICI .., --..L<_.._ an aeceaary,
aad 011_ II _ 01 LIle ,..,..., . -
1a1er__aadJ-
11ler -1IIIiIr 1M ...... LIlat be .....
_lilt UI..ioI"._UJ_
_'I~,.__IlIr1_
pnICOICIiDP .... Iim ... lei LIlat LIle
debrilisi-*-U__""
faith io _ ... lilt I.......... be ...u
I" _1IIe __1imI.. ....pI,.
Oefillte daleS are set lor eaci step. GoD-
--
_lipid.... _.~ Relell
lilt .... ........ by tbe <111 ..'" .~
lift'J ..... _lIlI _ "lilt sIWIod
-.....QliIIIl,.... .aeeodellllno-
.. ......... poIIIII endibiIil1.
...., . ....... _ ..I.......
an..-.......... ... _.. cndil
.or.......OIIIIn.. cm11lil1~ IDeD
aM _.............-,
......,... _ II __ 0IIWll1
..... . ...... ..... ,....
~ "1 ...- 01 Sa DIep pro-
_ _tl.'IniIIiI&....... u YO.
... __ .... DRIl. no ..,..m or.
.........._01__200_
_.........nllIq IIIl II .ppiica....
No__lbe1Iito......SaD
Il;op.... ..... _1IItIt .....Ilor.
....... "I..t~.anOllresta
_ .... lit _ _ .,. 11ler l1ImI
... __ ..... iIIolII WrIt IIIl.. 0101
.- Jar _ UIIIiIblI1 _ .. IOaW
........._lioIIdlal_or_.
_ ... ,..., all .... ...... loud D111S1C I
nIiD _....1IIIiq. ,
SID DiIIo is ....... _ _lioWDI to I
pow, CodIIIIftIicImeItl is me OBI, "., Lbe I
<111 _ __ ..... ........" 01 Its i
urbu"~ IDd dIIIriorluaCo cnlDfoo I
~_n'''''''l''''''
UIiq ~ laciIl......... disc1muIl I
diIlicoIliIIllIIIdo ~.. camp""
IftIII. It __nit I'eIlftD&I and rtlcDeI
-rill......... _ disputes. U',
u imJIGI'UId s&.imU1aI to createi' sease 01
COIMI1IIlIlJ'. 0
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APPENDIX E
DISPU'rE RESOLUTION IMPLEMENTATION PLAN
I. INTEGRATION OF DISPU'rE RESOLUTION PROCEDURES
In accordance with the project objectives, we have sought to
integrate dispute resolution procedures into the code enforcement
process. Plans involve using two dispute resolution mechanisms as
a means or expediting and improving the compliance process:
(1) mediation; and (2) informal hearings.
A. Overliew: Three Ootions for Case Processing:
In Flowchart B, we have charted a three-pronged approach
to a code enforcement case when there is no cooperation or
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compliance from a violator. A case may be referred to the Dispute
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Resolution Office for resolution through mediation or information
hearing, or the depar~~ents can use administrative remedies
available to them, or refer to the City Attorney's Code Enforcement
Unit (CEU) for judicial action. The following is a brief overview
of the procedures that we hope to implement.
1. Ootion One - The first prong involves those cases
which will be processed by mediation and/or an office hearing.
Depar~~ent supervisors will refer Dispute Resolution case reports
to the Dispute Resolution Coordinator (DRC) if they deem the case
appropriate for mediation or hearing. In the event that there is
no resolution. . . .
2. Ootion Two - The second prong allows for the use of
the depar~ents' pursuit of administrative remedies like, civil
penalties and administrative abatement. These remedies can be used
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directly as an alternative to sending a case to the DRO or the City
Attorney's CEO for prosecution. Department supervisor(sl should
make the selection of remedies based upon criteria that will be
discussed below. Code Enforcement Coordinator Bonnie Contreras is
currently developing manuals to assist the departments in their use
of the administrative abatement and civil penalties.
The CEO should be involved at this stage to consult with the
departments to ensure the legal responsibilities and liabilities of
the City are thoroughly examined. If the case should later be
indicated for further legal action, the CEO will be familiar with
the steps leading to the necessity of prosecution.
3. OPtion Three - The department supervisor(s) may find
it more expedient to forward the case immediately to CEO. The
departments should send a complaint directly for judicial action by
the CEO where the violation involves an imminent threat to the
public's health or safety. If the CEO believes the case should be
handled through department enforcement or via dispute resolution,
it may return the case to the department either for other action or
to close. Otherwise, the case can be brought for prosecution
immediately. All negotiations will have been completed by this
point.
B. The Dispute Resolution Office (DROI:
The Environmental Court Project mandates the creation of a
Dispute Resolution Office (DROI to coordinate and oversee the
alternative dispute resolution procedures outlined below. The
~ office is headed by a Dispute Resolution Coordinator (DRC) and
-assisted by a secretary, research associate and interns.
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The office is partially patterned after the Criminal
Dispute Resolution Office headed by Jerry Parker. This office is
located at the City Attorney's office and resolves cases of
domestic violence between spouses, as well as POSSLQ's (a
designation by the u.s. Census bureau meaning "Persons Of The
Opposite Sex Sharing Living Quarters"). The Dispute Resolution
Officer has significantly decreased the number of criminal filings
in this area by conducting mediation sessions. The Officer also
assists in the resolution of neighborhood disputes where a
violation might or might not exist.
c. Benefits of Alternative Dispute Resolution:
The implementation of Alternative Dispute Resolution (ADR)
process promises numerous improvements and benefits over the
present system. It streamlines the complaint processing,
encourages more voluntary compliance and makes case prosecution
more effective.
1. Streamlininq System - The ADR permits the department
to issue a notice of violation and begin case processing after the
first inspection. The inspectors should not have to conduct more
than two inspections.
The process forces parties to meet and confer early on in the
process, thus leading to earlier resolutions and less follow-up.
And it allows for prioritization so that the more flagrant and
serious abuses can be referred directly to CEU, while de minimus
violations will not be likely to reach the CEU.
Paperwork would be reduced through less filings, less reports
-and less duplication.
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B. Developmental Stage
- During the developmental stage. the Project Team's research led them
to volumes of academic literature over the last fifteen (IS) years devoted to
the topic of code enforcement. They also contacted many cities throughout
the nation to obtain the details on innovative programs that these munici-
palities have successfully implemented to improve code enforcement. (See
Appendix 0 foTO. s~ of se\lel'al code en(arcemDlt programs in orhermlQ'licipali-
lies.) Countless hours were spent interviewing San Diego's code enforce-
ment personnel-<ieputy directors. deputy city attorneys and code enforce-
ment supervisors-tO obtain their insights into the problems and possible
solutiot15 to the city's code enforcement woes. Some members of the Project
Team accompanied front-line inspectors to get a first-hand glimpse at the
deterioration of San Diego's neighborhoods and the issues confronted evety
day by the front-line employees. Several community activists and citizens
with some exposure in the code enforcement area were interviewed to get a
setI5e of the community's perception of the city's code enforcement effortS.
(Please Tef~ to AppendixG fOT a complete mMw of !heinecommendations.) The
City Manager's Code Enforcement Coordinator. the City Attorney's Code
Enforcement Unit, Planning Department's Zoning Investigation Section
and the Building ItI5pection Department have aU been active patticipants
during this developmental phase of the project.
As a result of these effortS. the Project Team compiled a list of specific
findings which document some of the problems present within the city's
code enforcement system. (See ChapreT Three fOT an indeprh disc1wion on che.se
findings.) And it adapted a model for the city to use to assess its code
enforcement system and implement solutiotl5. (Appendix B ckscribes !he
"C,c!es of Code Enfan:emDlt" model.)
The Project Team also compiled a list of supplemental recommendations.
Although outside the scope of this Project. they are critical complements
designed to improve the efficiency and responsiveness of the city's code
enforcement sysrem. (Please consult ChapreT Five.)
C. Implementation Stage
Implementation of this second stage has now started with the develop-
ment of the operating guidelines for the Dispute Resolution Office. During
the pendency of the demonstration project the Project Team will assess the
effectiveness of the program and will modify any wrinkles observed during
the implementation of these administrative and coUrt reforms. A follow-up
report with recommendations will be provided to the Council during the
upcoming budget deliberations. The goal for FY91 is to maintain the City's
support for the Dispute Resolution Office. Continued funding is found in the
proposed budget for FY 91 as a non-departmental expenditure ofSl0l,OOO.
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JUL 31 '90 10:06 CORP. DIRECTIONS INC
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e 1. DLsJlUk a."obufon ~
At me early ItIFI of che ;ode enforcemcm proem, department inIpec.
tori respond CO c1Ci1cn compla1ms about code violations. A!arIe majority
of these cases involve set.=d violations of the Municipal Code. The root
of the problem is ohm . neiJbborhooQ disputlt over rechNcal violations,
rather than seriOlL! Waa tomeDCiihborhooc!" healthUldIlCety. (A peat
percent:qe of me existlrli bacldog of casu. ptrtic:ularly in %onir\tlnvesti-
ptions, involves neighborhood dispuw.)
The hoject Team hac desipd a dispute resollltion procw mat &bould
help aUeviaa this bacldol andsueamlft the~Icy', eaf~t syscem. As
part of the Project Team. a DispUte bIolution CoordInator (0lC) was .
hired to administer this entltt component and.ac:heclu1e ac!minimative
hearinp and coml!WDity mediatioN Co: these types of cede enforcement
eases which would be better setvtd outSide of court. The DRC is Susan
QuiM. an attomey and experienced mediator. This pomlon baa alrudy
been funded as part ~ the orl&iN1 crane approved by the City Council-
however, the DRO Is NMecl only th.rou8h J\dIe JO. 1990.
This streamlined dispute prcc_ calls for Zonina lnveltiptioN and
IMIding Inspection to . certain types of CIIU t.O the DR.C who then
~ CYaluateS eICh cue to cie&ermifte whether a "IMdlttl=- or an -oSce
.... hea..'ing"wouldbemosteft'ectlve. Thisr.ra1 wiU OCCUfmuchearliet IncM
code enforcement proc:eIS, most likely after. acotd Intpec.tion ~
that there is irlIdcquate compliance on the ~ mJlor a 1ackof
coopc..tion by the violator.
The,eneral pi is lor dep..b:l.ena to ref'er dlIIl: CUM withinfotcy.five
(45) to sixCV (60) da,softhe initial in~ption.ln.1tbcrcase. the DRC
would infonn the violator of the ICriousDess of the ....ner and me need t.O
immediately resolve the problem. A date foe the mediation or office heatirlg
would be set. Dispute resolution guiclcUnes and procedures are now belni
developed by the DR.e. A twOo<IIy traInina session for . core group of
InvestiptolS and SUpervisOd is scheduled for January for which the DRC Is I
cumntlydeveloplnl' (Aderr'lel' 1flIiewof rheDispu# R"~llicnl~
lion PL:.n CGn be /rMd in Appendix E.)
Durm, the fim four months of the DRO operation, the Dispurc
Resolun=. Coordi.natot conducted 6S mediations. Remarkably. all V.lt two
of the cases achieved mutllalagreemem by the patties; mcstofthe violations
weze subsequently brouBht into compliance. This succtl$ exceeded the
Project Team', expectations.
In situatioN ~ a dispute is aoc resolved by the parties or they fail t.O
abide by the lZn'IlS of a mediated 1I2Ieement. the Project T tam orlaiDally
desilMd the procas to include immediate re_I to the City Auomey'$
. Code Enforcement Unit (Can forcoUft action. Out to recent bud,etc:ua,
however, the au can no lonau me criminal complaints in the larrt
majoriryofthese rmrredcues. A39%tedllCtiml.oftheCEU'sresoutcahaa
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spawned emet,cn..'"Y Poli:ies that Ii~t tht filma of civU ane criminal I
complaines to only thdR casta which are .iIf\u1cant or PClIe a threat to the !
public'. healrh and aaIety. (The aeriousneas of these budaec cues and iu I
impact on the code eQ{occement ~e are futdw:r disculled in ~m IV.) I
If the CEU CaiIs to accept the case, it will now be returned to the
depanmem:forapp1ication of ocher enfotcementremed1es. l)ependlntupon
the faas aM RYerity of the violation, thecieparemenr maydeeidc: to initiate
an administmivt ac:tlon (i.e., civil pemlties or abafCl:Mnt). Uniomlnatelv,
~ remedieS do not l\Iarantee ;om.plianct: aosIle caaea may not !
be appropriate for abetementi civil penaLties or admirdRmive citations. I
Conaequently, the City may not be able to pin compliulce in a percentage
of these casea involving minot or peniatant violatlona. .
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2. i~Cosm~
The ~ com.ponem of the ptoject Is the .cievelopmeDt of a ciivisilm
at the Sen Diqo t,.bmitoipal Court clecIicated to harq ~ initl. I
aced casa invo!viDIviolatiODsolapplietl-lelaut_1oc:a1 \aDd use lawLAn
"EDv~\Court" CoaclIp[has.UGYIl\lIFof....dnaa aqleor
liIaiad "'IIl'W of j.. to hear c:ocIe enfo.w;~lMM CIIII. Thls empoweu
t:heIe judaes to develop an ~ oEm. nuances of land .. and
mUfticl.pal1aw andlnete_ t:bcirlWitivltvtOthedailydiaruptloos il1fticted
upon na,bborhooclI by these public ""illS" -f I
This appraacilhu been "'e [..,Nlly_ byenVironDlmtal courtjudees
in ~ Memphis, Cleftlml .. other cIda throuahout the
UnitedSa.. (s..~Dfor~of_"""',) AccotdiDato
these ;udps, die COUftI have been able to heM1~ mote cua in a elm<<ly
faIhIcn . a raWr of bein8 able to (OOC~ tbelt anmtion In this
'DIIMer. Their ruliap ItId leftteral are moa consistent atld uniform.
rurd1er mote, the EnvirOnmental Court ;ud,eI em . the initiative to
auist city depllrt1lWUS and/or volunteer otpnizations in obtainitla actual
complianee in the neiIhborhoods.
The Project Team feels that the cration of an Environmental Court to
hear IOvemmtDt-iDitlaft.cI cases imIo1virlg violations of mUDicipal tOnirli.
bui1cIini. and hoaaina codes, would be a aemcndous booec In achievlna
eompliance, Im~ exisq codes and railing public awarenesa of the
citY', effotts iD the code enforcement area.
At this point, however, it is uncertain whether or not the Municipal
Court will be ab~ to c1evote tht resowces to cIevelop a scpI1'Ite division for
Ill. Environmcncal Court. Last sprq, the San I>ieco Superior and Munici-
pal Coura were cOflironted with an ~ crisis an enonno\IS aimi.
nal c:aselold c;ompoU1'lded by a shoiup of judgea and 1ack of available
COlht.OOIn.pace. TheIe probl&ft1S reached crisis propOnion when antici-
pau:cI NndiDl to improve the criminal justice system was at)'In1ed by the
derailrnmr ofPlopolltioD A. Therefore, many MlIt1lc:ipal Court iudres were .
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