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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES F. PENMAN
City Attorney
Subject: Authorization to reappoint a City Attorney
Investigator/Special Projects (Part-time) for the period
January 3, 2004 through June 30, 2004, with no benefits,
at $32 per hour, for the purpose of enforcing the City of
San Bernardino's Municipal Code relating to transient
Date: December 12, 200b R 1 G 1 N A L vendors.
Synopsis of Previous Council Action:
Dept: CITY ATTORNEY
5/05/03 - 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 - CDBO) to Account No. 001-051-5014 (City Attorney's Office - Part-time
Hiring); authorized the establishment of one (1) 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.
8/04/03 - Approved the reappointment of City Attorney Investigator/Special Projects (Part-time)
effective July 1,2003 through August 31,2003.
9/15103 - Approved the reappointment of City Attorney Investigator/Special Projects (Part-time)
effective September 1,2003 through December 31, 2003.
Rccommcmlcd motion:
MOTION A: That the Mayor and Common Council authorize the City Attorney to reappoint a part-time
city attorney investigator for the period January 3, 2004 through June 30, 2004, with no
benefits, at $32 per hour, for the purpose of enforcing the City of San Bernardino's
Municipal Code relating to transient vendors.
MOTION B: Authorize the Director of Finance to effect a budget amendment transferring $13,312 in
savings from Account No. 001-073-5505 (Code Compliance Other Professional Services-
CDBO) to Account No. 001-051-5014 (City Attorney's Office - Part-Time Hiring).
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lY'gnature
Contact person: James F. Penman
Supporting data attached: Staff Report
FUNDINO REQUIREMENTS: Amount: $13.312
Phone:
Ward:
5255
All
Source: 001-073-5505 (Code Compliance Other Professional Services-COBOl
Finance:
Council Notes:
/J,!15/03
Agenda Item No. 8
STAFF REPORT
Council Meeting Date: December 15.2003
TO:
FROM:
DATE:
AGENDA:
Mayor and Common Council
City Attorney's Offiee
December 10,2003
Authorization to reappoint a City Attorney Investigator/Special
Projects (Part-time) for the period January 3, 2004 through
June 30, 2004, with no benefits, at $32 per hour, for the purpose
of enforcing the City of San Bernardino's Municipal Code
relating to transient vendors (Agenda No.8)
In response to the request of the Director of Code Compliance, it is proposed that the City
Attorney be authorized to reappoint a City Attorney Investigator/Special Projects (Part-time) for the
period January 3, 2004 through June 30, 2004, 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 City Attorney's office has been advised by the Director of Code Compliance that
sufficient funds exist due to savings in the Other Professional Services - CDBO account of Code
Compliance to assist through the remainder of the current fiscal year with the City's aggressive
enforcement of its Municipal Code relative to transient vendors, and thus he supports the proposed
transfer of funds to accomplish this enforcement effort.
Approving this agenda item will permit more effective enforcement efforts on the weekends
relative to transient vendors, when their activity is more prevalent, to continue. Police officers and
City Attorney Investigators have been staffing this effort since January, 2003. However, the police
officer involved has retired and the assigned City Attorney Investigator has been laid off. It is
necessary to have a police officer or City Attorney Investigator accompany the code compliance
officer working this detail. There are no police officers available. City Attorney Investigators are
authorized by the Municipal Code to make arrests and issue citations. A contract employee would
not have this authority under the Municipal Code nor the appropriate supervision.
Presently, employment in this part-time position, with no benefits, will terminate
December 3 1,2003. The hourly rate of $32 is compatible with the salary range for City Attorney
Investigators. There is no cost to the city's general fund as the $13 ,3 I 2 needed for this time period
would be transferred to the City Attorney's Office from the savings in CDBO funds, as noted above.
If approved, this will continue the transient vendor enforcement program through June 30, 2004.
(It is noted that the Police Department has been dispatching this City Attorney Investigator 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.
I nC/cdl Goddard.StaftReport]
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Transient Merchant Enforcement
November 8 through November 30, 2003
Total Citations
Arrests
Transient Vendor
Merchants with outdoor display
No business license
Transporting transient vendors
Vehicle Citations
Off Street Parking
Off Street - For Sale
Expired Registration
Trucks Parked in a Residential Dist
Parking in Excess of 18" from Curb
Parking on Unimproved Surface
No Parking Zone
25
3
1
1
218
248
1
50
38
44
17
5
60
4
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CITY OF SAN BERNARDINO
INTER-OFFICE MEMORANDUM
TO:
James F. Penman, City Attorney
FROM:
James H. Goddard, City Attorney Investigator P..d
November 10, 2003
DATE:
RE:
Transient Merchant Enforcement
On Saturday, November 8, 2003, Code Compliance Officer Robert Riojas and 1 were
working a Transient Enforcement Detail Program in the City of San Bernardino.
The following are the results of these efforts.
I. 1400 N. Sepulveda - two minors with no J.D. - transient merchant seized.
2. S.R. 30 at Waterman - Jose Dejesus (D.O.B. 6-14-82) andJavierRamirez (D.O.B. 1-26-82)-
transient merchants. cited and seized 23 bunches of flowers.
3. 59 vehicle cites
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CITY OF SAN BERNARDINO
INTER-OFFICE MEMORANDU1\1
TO:
James F. Penman, City Attorney
James H. Goddard, City Attorney Investigator 1.;1.
FROM:
DATE:
November 10, 2003
RE:
Transient Merchant Enforcement
On Sunday, November 9,2003, I delivered notices to fire victims within the city indicating
free legal advice being provided by the City Attorney and staff.
No enforcement action.
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CITY OF SAN BERNARDINO
INTER-OFFICE MEMORANDUM
FROM:
James f. Penman. City Attorney
James H. Goddard, City Attorney Investigator t.;}-
November 17, 2003
TO:
DATE:
RE:
Transient Merchant Enforcement
On Saturday, November 15,2003, Code Compliance Officer Britt Starkweather and I were
working a Transient Enforcement Detail Program in the City of San Bernardino.
The following are the results of these efforts.
1. 541 W. Marshall- Gilberta G. Roman (O.O.B. 12-16-56) and Viram Pithiya (O.O.B. 6-1-62)
- outside display, amplified music and grilled Mexican food, cited.
2. Del Rosa @ SR 30 (Eastbound) - Jaque Apadeo (O.O.B. 6-20-88) - transient vendor, cited
and seized 23 bunches of flowers.
3. S.R. 30 @ Waterman (Westbound Offramp) - Eugenio Carrera (O.O.B. 9-29-81) - transient
vendor cited and seized 17 bundles of flowers.
4. S.R. 30 @ Waterman (Eastbound Offramp) - Jose Mendez (O.O.B. 3- I 9-63) - transient
vendor cited and seized 14 bundles of flowers.
5. 29'" Street and Belle - Alfredo Rodriguez (O.O.B. 1-16-78) - transient vendor cited and
seized 14 bundles of flowers, two license plates (1 SFJ702), maroon and white Chevrolet van
stored. Suspect arrested for Cal -1..0. (12500 A).
6. 34 vehicle cites: 19 unimproved surfaces, 7 off-street For Sale, 2 2ithin 14' from fire hydrant,
6 expired tags, 2 trucks in residential district, 3 excess of 18" curb.
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CITY OF SAN BERNARDINO
INTER-OFFICE MEMORANDUM
TO:
FROM:
James F. Penman, City Attorney
James H. Goddard, City Attorney Investigator ~l) .
November 17,2003
DATE:
RE:
Transient Merchant Enforcement
On Sunday, November 16, 2003, I worked a Transient Enforcement Detail Program in the
City of San Bernardino.
I. 13'h Street and "H" Street - Gladis Torres (D.O.B. 5-11-59) - transient vendor cited and
seized 17 bags of oranges and II boxes of mangos.
2. 41 vehicle cites: 15 parking on unimproved surface, 17 expired tags, 8 parking off-street For
Sale, truck (over I ton) in residential district.
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NOVEMBER 15,2003 STATS
PARKING CITES VENDOR CITES
For Sale 6 4
Unpaved 14 Outdoor Sales
Registration 6 2
Trucks over I ton 2
18 inches 3
Fire Hydrant 2
Total
33
6
180
I
Arrest
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CITY OF SAN BERNARDINO
INTER-OFFICE MEMORANDUM
TO:
FROM:
James F. Penman, City Attorney
James H. Goddard, City Attorney Investigator ~. ~.
DATE:
November 26, 2003
RE:
Transient Merchant Enforcement
On Saturday, November 22, 2003, Code Compliance Officer Rocky Riojas and I were
working a Transient Enforcement Detail Program in the City of San Bernardino.
The following are the results of these efforts.
I. Belleview and "J" Street - Andres Ortiz (O.O.B. 8-29-85) transient vendor cited and seized
10 bags of oranges and 2 boxes of mangos.
2. 3035 Genevieve - Pamela L. Spakes (O.O.B. 9-14-65) - transient vendor cited and seized
queen size mattress and box and a king size mattress and box.
3. S.R. 30 @ Waterman (Eastbound) - Alfredo Rodriguez (O.O.B. 1-16-78) - transient vendor
cited and seized 30 bundles of flowers.
4. S.R. 30 @ Waterman (Eastbound) - Miguel Hernandez (O.O.B. 4-17-82) - transient vendor
cited and seized flowers.
5. S.R. 30 Waterman (Eastbound) - Jose Hernandez (O.O.B. 3-12-75) - transient vendor cited
and seized flowers.
6. S.R. 30 @ Highland A venue (Eastbound) Jose De Jesus - transient vendor cited and seized
21 bundles of flowers.
7. 36 vehicle cites: 16 on grass, 10 for sale, 1 no parking, 9 expired registration.
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CITY OF SAN BERNARDINO
INTER-OFFICE MEMORANDUM
TO:
FROM:
James F. Penman, City Attorney ~.
James H. Goddard, City Attorney Investigator ~
November 26, 2003
DATE:
RE:
Transient Merchant Enforcement
On Sunday, November23, 2003, Code Compliance Officer Rocky Riojas and I were working
a Transient Enforcement Detail Program in the City of San Bernardino.
I. 17th and Mt. Vernon - Juan Ramirez (D.O.B. 8-22-79) - transient vendor cited and seized 4
mangos.
2. 1366 Sepulveda - Jose Rosas (D.O.B. 10-12-57) - transient vendor cited and seized 120 CD's.
3. S.R. 30 @ Waterman (Eastbound) Raymundo Reyes (D.O.B. 7-15-82) - 12 bunches of roses.
4. 29th Street East of Waterman - Jose Garcia (D.O.B. 1-12-75) - 20 bundles of flowers, no
business license, cited and seized driver of van transporting vendors.
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CITY OF SAN BERNARDINO
INTER.OFFICE MEMORANDUM
TO:
FROM:
James F. Penman, City Attorney
James H. Goddard, City Attorney Investigator ~.P .
December 1, 2003
DATE:
RE:
Transient Merchant Enforcement
On Saturday, November 29, 2003, Code Compliance Officer John Plasencia and I were
working a Transient Enforcement Detail Program in the City of San Bernardino.
The following are the results of these efforts.
I. 1055 W. 21" Street - Maria Hernandez (O.O.B. 9-06-80) - transient vendor cited and scized
50 tamales.
2. 2020 E. Highland Avenue - Juan R. Hernandez (O.O.B. 5-20-81) - transient vendor, seized
18 pillows.
3. 1212 W. 2'd Street - Antonio Brizuela (O.O.B. 4-28-68) - outside display, cited, six mini gas
powered scooters.
4. 1212 W. 2'd Street - Auria Casillas (O.O.B. 6-27-69) - outside display, cited, assorted toys.
5. Grape & Chestnut Street - Valentia Oiaz (O.o.B. 2-2-57) - transient vendor, cited ice cream
truck.
6. Circuit City (Hospitality Lane) - Christopher Holifield (O.O.B. 2-9-91) transient vendor,
seized 5 watches and 12 hair clippers.
7. S.R. 30 @ Waterman A venue - Alfredo Hernandez (O.O.B. 1-16-78) transient vendor, cited
and seized 4 bundles of roses.
8. S.R. 30 @ Waterman A venue - Antonio Gaspar - transient vendor, seized 1 bundle of roses.
9. S.R. 30 @ Del Rosa - Miguel Torres (O.O.B. 10-31-84) - transient vendor, seized 10 bundles
of roses.
10. S.R. 30 @ Waterman Avenue - Antonio Gaspar - transient vendor, cited and seized 17
bundles of flowers, California J.D.
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To: James F. Penman, City Attorney
Re: Transient Merchant Enforcement November 29 and 30, 2003
Page 2
II. US 215 & University - Juan Garcia (O.O.B. 11-20-78) transient vendor, cited and seized 7
bundles of flowers.
12. University @ State Street - Jorge Ramirez (O.O.B. 11-24-81) - transient vendor, cited and
seized 4 bundles of flowers.
13. 18 vehicle cites: 8 Off Road Parking, 4 Off Street For Sale, 6 Expired License.
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CITY OF SAN BERNARDINO
INTER-OFFICE MEMORANDUM
TO: James F. Penman, City Attorney
FROM:
James H. Goddard, City Attorney Investigator
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DATE:
December 1, 2003
RE:
Transient Merchant Enforcement
On Sunday, November 30, 2003, Code Compliance Officer John Plasencia and I were
working a Transient Enforcement Detail Program in the City of San Bernardino.
I. S.R. 30 @ Waterman - Jesse Ramirez (D.O.B. 1-30-81) - transient vendor, seized 4 bundles
of flowers.
2. Vehicle Cites: 7 Off Street Parking, 11 Unpaved Surface, 6 Expired Registration, and I No
Parking.