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HomeMy WebLinkAbout02-Council Office ~ Subject: Legis~tive Review Committee Report From: councilman Jack Re~y Dept: Council Office c:JD~: June 12, 1989 Synopsis of Previous Council action: None Recommended motion: o That minutes of the Legislative Review Committee meeting of June 8, 1989 be received and filed. \_n_ nn_ Contact person: Phil Arvizo Phone: 5208 nfa Supporting data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: nfa Source: (Acct. No.) (Acct. OescriDtionl Finance: Council Notes: o 75-0262 Agenda Item No Jill.> j > o o o , , o o LEGISLATIVE REVIEW COMMITTEE June 8, 1989 ATTENDEES: Councilman Jack Reilly - Chairman Councilman Michael Maudsley Councilman Tom Minor Shauna Clark - City Clerk James Penman - city Attorney Dennis Barlow - Sr. Assistant City Attorney Jim Robbins - Deputy City Administrator Jim Richardson - Deputy City Admin./Development Brad Kilger - Planning Director Larry Reed - Building and Safety Director Phil Arvizo - Council Executive Assistant David Mlynarski 1. PROPOSED STREET BANNER ORDINANCE - Item continued to June 22. 2 . CODE COMPLIANCE PROGRAM REVIEW - Mr. Reed and Mr. Richardson briefed the staff (report attached). Mr. Reed intends to increase the Department's proactive role, assign his Code Enforcement Officers to regional areas. and cross train his officers for flexibility of assignment. The Com- mittee requested a report on lien collection methods and control. The Committee also requested a weed abatement report for the June 22 meeting. 3. PROPOSED ORDINANCE TO ESTABLISH A PERMANENT POLICY AND GUIDELINES FOR QUALITY MANAGED GROWTH IN SAN BERNARDINO - The Committee requested additional input and involvement from the Planning Director and the Building Industry Association. The plan was considered worthwhile but it was felt that further coordination with the new General Plan setting the tone was needed. The Committee will review the input at its July 20 meeting. 4. REQUEST FOR WAIVER OF REQUIREMENT TO UNDERGROUND UTILITIES - EXPANSION OF OMNITRANS FACILITY NORTHWEST CORNER OF MEDICAL CENTER AND 5TH STREET - Item continued at the request of Omnitrans. 5. CERTIFICATE OF OCCUPANCY AND HOME OCCUPANCY PERMIT - The Committee approved a draft ordinance that will correct the present code problem. The City Attorney will attempt to have it ready for the June 19 Council Meeting. Meeting adjourned. JR: jv C I T 4:)0 F SAN B ERN A R ~ N 0 INTIROFFICE MEMORANDUM 8905-1403 Jftt . . '1 o TO: Chairman and Members of the Legislative Review COlDIDittee FROM: James C. Richardson, Deputy City Administrator - Development Services SUBJECT: Code Compliance proqram Review DATE: May 2, 1989 COPIES: Mayor Evlyn wilcox, James E. Robbins - Acting City Administrator, Don Hesterley Code Compliance Supervisor, Mark Young - Code Compliance Officer, Chairman , Members of the Board of Building cOlDIDissioners (BBC), Andy Green - Finance Director ------------------------------------------------------------- o The Expanded Code Enforcement proqram was sta~d in July of last year and this represents an update after 9 months (March 1989) of operation. Attached is a detailed report on the Code Compliance Proqram, as prepared by the Code Compliance Supervisor (Exhibit "A"). When this proqram was presented by Mr. Mark Sutton, certain ma;or Droblems were identified which, I believe, have been addressed thus far by the Building , Safety Department (Exhibit "B"). The following is a cOllllllentary on the resolution to those major Droblems : 1. Preparation procedures for the BBC meetings have been streamlined. 2. Voluntary compliance has been achieved in many instances which has resulted in abatement without BBC or court action. Also, closer coordination with the City Attorney's Office has improved casework for court actions. 3. Better cost accounting procedures has increased lien revenues from $39,876.15 last year to $111,704.56 for this year. 4. An administrative charge of 40t has attributed to increased revenues, as well as identifying the actual time and effort by City staff for abatement actions. 5. A new organizational structure has been implemented which identifies Code Compliance Services as a division of the Building and Safety Department (Exhibit .C"). The previous organization was inadequate, to which I can attest, as having served as Acting Director twice and ~, o - o o o o 1. Revhed code enforcement inspection report from 6 pages to 2 pages (completed). 2. Batch process incurred abatement cost to Board of BUilding Commissioners in the manner weed liens are currently processed before the Board of Building Commissioners. NOTE: An important aspect in this process is to obtain better owner- ship information at the time of initial notice of violation on non-emergency abatement. (Target date for impl ementation July's BBC Meeting) 3. Develope tickets, including bail schedule, for parking on an unimproved surface destroying grass. (90S complete and currently on hold) 4. Development of code language to allow the use utility meters approvals to control bootleg construction and illegal occupancy. (Target date, Jul,y as part of Council addition of leBO model Codes mandated by State) 5. Need for additional clerical support to code enforcement officers (make them more effective - more time in the field). (Additional clerical was proposed as part of original budget - cut by Administrative Budget Review team) 6. The city has outstanding uncollected liens totally $4B7,Ooo. (no target date, staff is checking with City Attorney's office on a foreclosure process) 7. Assign code enforcement officers to geographic areas (divide city so not to cut across ci ty project areas). (Target date - July/August of 19B9) 8. Licensing of hotel and motels and apartment buildings (3 year license). (No target date) 9. Increased public relations efforts: a. Development of Code enforcement sign/stenei.l to identify city abatement activity. (Target - August 1989) b. Develope informational handouts-explaining property owner maintenance responsibility. (Target - Autust of 1989) c. Develope of video for T.V. (not assigned) o o o o '. INTEROFFICE MEM~DUM: Code Compliance Program May 2, 1989 Page 2 o 8905-1403 Review can compare the before and after status. 6. Administrative procedures have been identified and implemented for the tracking of code coapliance cases from start to finish. I would like to offer some additional observations about this program. The second year (1989-90) cost will be down approximately $65,500 without regarcl to inflation and employee compensation increases (see Exhibit "D"). . . The impact on other City departments has created more work for the City Attorney's Office, the City Clerk's Office and more complaints for the offices of the Mayor and Common Council. The backlog of complaints and cases has grown to over 800 due to greater publicity. Also, 40\ more complaints are being logged, resulting in some delays to program implementation. The ability to respond to special projects has been greatly enhanced by recent code enforcement sweeps in working closely with the City Attorney's Office and the Police Department. The Qoals 21 the EXDanded ~ Enforcement program were outlined in various options identified last year, an excerpt of which is contained in Exhibit "E". The following provides a progress statement on those goals: 1. ) Code compliance complaints have grown to 868 for March of 1989, however, a recent purge of records show a reduction to apprOXimately 450 for the April 1989 monthly report. 2. ) The response to complaints has varied from one day to seven days during the past nine months depending upon staffing and workload. While progress bas varied, prior to this program there was, in fact, no way to measure the backlog or response ti... 3.) The Code Compliance Division has conducted proactive enforcement activities on a limited basis and should be able to enhance those efforts in the future. 4. ) Code enforcement procedures have been substantially streamlined as previOUSly discussed and future efficiencies are anticipated. . . INTEROFFICE MEM~DUM: Code Compliance Program May 2, 1989 Page 3 8905-1403 Review o c 5.) Supervision has been improved through reorganization and the establishment of Supervisor and Senior Code Officer positions. Also, the management of the BBC agenda/process has been improved and streamlined. I would now like to offer some concludina remarks on the Expanded Code Enforcement program. a. Thia program has resolved the major procedural and organizational probleas that existed before program start-up. b. A backlog of code complaints exist and, quite frankly, I have no predictions as to when the backlog will be resolved. However, the Department is dedicated to accountability and reporting on progress towards a 48 hour turn around on complaints. c. The department has proposed further program expansions for sign enforcement and hotel/motel inspections. d. o Additional staff is anticipated in the 1989-90 Budget, specifically another Senior Code Compliance Officer and another clerical position are needed. The City needs to improve revenue collection procedures related to the costs for abatement actions by the Code Compliance Services Division. f. With the pending arrival of a new Building , Safety Director, it may be appropriate to have a follow-up review of the code compliance services in three to six months. e. Finally, although the progress and visible results of the Expanded Code Enforcement program have not been as dramatic as I would prefer, I feel comfortable in stating that the program has generally achieved most of the goals and purposes intended. Furthermore, considering the scrutiny and overall progress of the code enforcement effort, the City of San Bernardino has been well served by the resources dedicated. ~.~ S C. RICHARDSON, puty City Administrator _ Development Services o atb Attachments (5) JI. 1 ! .... o '--. V EXHIBIT -A- COD. COJIPLIUC. OVIn TBROVGB IIUCB 31, lIet o o STAFFING The Code Coapl iance Prograa as it now stands, was approved by Mayor and Common Council in July of 1988. The program allowed for one supervisor, one senior, six code officers and one clerical position. The supervisor and senior (both proviso) were in place at that time. One of the code officer'. was also in place. Three new code officer's came on board on July 19, 1988, one more on August 16, 1988 and the last position was filled on September 7, 1988. One code officer i. presently working three day. a week with the Building Inspection Division. This is due to an increase in construction projects underway, a shortage of staff and vacations being taken in the Inspection Division. COMPLAINTS The number of coaplaints that were backlogged at the beginning of the program stood at slightly over 1,000. From July of 1988 to March 31, 1989, the department received 2,570 additional coaplaints. This brought the number of registered complaints in the system to 3,570 during this period. As of the 31st of March, this department has answered 3,300 of these complaints. Two hundred and fifty (250) of these coaplaints are in the process of secondary action. Another 200 are in the process of legal action or the Board of Building Commissioner's process. SPECIAL PROJECTS This department has responded to the Police Department's request for emergency action. on approximately 75 occasions during these 9 months. This resul ted in the same number of emergency abatements. The Code Compliance Division enforces zoning violations for the Planning Department which also includes sign ordinance problems. The department works closely with the City Attorney's office on special projects. A good example is the current drive to close down businesses operating without the benefit of a license or certificate of occupancy. The Code Enforcement Division is also the enforcement arm for the Building Inspection Division. The department has apprehended approximately 300 violators during this period. These were contractors doing work without the benefit of plans and permits. (Bootleg construction) COde Compliance supplies one code officer to work on the Renaissance Project. The department is also active in the Main street Project. This division has surveyed all the buildings in the area and currently makes inspections and observations for the project. The department has recently become active in the writing of citations, having written approximately 40 citations during the month of April. Code Bnforcement also writes approximately 300 notices of violation per month. o o o CODE COMPLIANCE REVIEW THROUGH MARCH 31, 1989 2 PAGE o DEPARTMF,NTAL ACCOMPLISHMENTS This department has, by its aggressive procedure, reduced cri.e in many different areas of the city. This reduction being mainly drugs and prostitution. The department has accomplished this by boarding open and vacant properties and abating nuisances in the area. Not only has this helped the Police Department, but it has significantly reduced the number of Pire Depart- aent calls in these areas. In addition, these activities have impacted the blight in aany areas of the city. The urban blight bas been growing for years, witb little being done. The public is now aware of the things tbat our division can do, thereby increasing the numbers of complaints received daily. The average citizen now has a hope for help in bettering his neighborhood and quality of life. () TRAINING A comprehensive Code Enforcement Manual has been developed and is in use for training the individual code officers. The department regularly attends seainar's and training classes to increase their awareness and expertise. The Code Officer's are all members of the Southern California Association of Code Enforcement Officers. We currently have departmental training sessions on a weekly basis. The department is also attending PC832 Training at the Sheriff's Training Academy. SBC ACTIONS The Code Compliance Division also prepares and presents the cases that go before the Board of Building Commissioner's on the first Priday of each month. The department averages 15 cases per month. These cases directly affect our budget and the collection of monies owed to the city by lawfully incurring the costs as a lien on the property. The BBC ordered 35 demolitions during this period, 86 rehabilitations and incurred $356,944.10 in liens on the properties already boarded by the Code Compliance Division. PREPARED BY : f2..--fi ~~7 DON H. HESTERLBY Code Compliance Supervisor o o o o l1f^lCI~L - MARCH 31. t~8t LIENS (FOR ABATEMENTS) : Liens incurred to March 31, 1989 Revenue collected to March 31, 1989 Total liens outstanding c EXPENDITURES: Salaries Board-ups (154) and demos (11) Vehicles - 8 Radios - 8 Office Supplies Badges Dues Postage Printing Use of Copy Machine Garage Charges Communication Charges Photo Supplies Meetings Training Telephone TOTAL o $356,944.10 $111,704.56 $449,222.82 $244,980.00 $254,281.97 $ 72,000.00 $ 12,270.00 $ 6,019.88 $ 572.00 $ 310.00 $ 1,950.00 $ 3,500.00 $ 2,700.00 $ 3,630.00 $ 900.00 $ 565.00 $ 250.00 $ 2,750.00 $ 2,863.00 $609,541.85 o o INTEROFFICE MEMORANDUM: 8804-307 Expanded Code Enforcement Program Apr il 12, 1988 Page 4 o EXHIBIT -B- 1) The lengthy process that is required in order to take cases to the Board of Building Commiasloners. 2) The lengthy. process that is required to file cases with the court on property owners that will not voluntarily comply with the codes. 3) The recovery of funds that are committed to projects such as staff time, Clean-up costs and administrative costs. 4) The philosophy and actual Charges for servic.s rendered. 5) The organizational structure, which is inade~uate to handle the increase in inquiries and complaints. , 6) The tracking of cases from the beginning to the resolution of the violation. o All of these problems are currently being worked on and when completed, will make the enforcement of the codes more efficient and cost effective. PROPOSED EXP~~D_CODE ENFO~~NT PR~ The proposed Expanded Code Enforcement Program combines the updating of the administrative procedures, along with a change in the organizational structure. Attached is the Organization Chart of the Department of Building and Safety as it is currently (Exhibit -A-), and the proposed organizational chart (Exhibit -B-) with the recommended o changes. The recommended changes encompass the reorganization of the Code Compliance Section, so as to resemble the already proven structure that is being used for the Field Inspection ~ o r:'\V""J~~U o "ORGAIllZATIOllAL CHART" o Director (II) (111 (1) EXHIBIT "C" Senior Secretary (ul Typist Clerk 111 Typist Cluk II Account Clerk II SERVIC!:S PLAN CBECK/COONTER SERVICES 81dg Insp Super (mml 1 Plan Cbeck Engineer Plan Cbecker Plans Tecbnician (III) 1 2 1. 4) SOO'!'!! SECTION MIDDLE SEC'1'ION NORTH SECTION Se: 8lc!g Insp 1 Gen 814g Insp 1 ( 41 Sr Sldg Insp 1 Gen 8ldg Insp 1 (31 Se 81dg Insp 1 Gen 81c!g Insp 1 (31 o 1 1 2 1. (5) ODE COMP SERVICES C C S (mm) CITY~WIDE SE~VICES 1 Se Code C:>lllp 1 CCO 6 {;) -L o o ,.., """ Jj - JlL - J , ." o EXHIBIT -0- o EXECUTIVE SUMMARY EXPANDED CODE ENFORCEMENT PROGRAM Attacbed is tbe Program as requested January 11, 1988. proposed Expanded Code Enibii:e'>>miliQ;.(IH. OFF. by tbe Ways and Means . Comlrtil~!f~tr yft Also attacbed are the staff comments that were received after the presentation of the draft report. This report gives you a brief overview of the City and the problems that this City is facing, with regards to a Code Enforcement effort, a proposed Staffing Requirement witb Funding Requirements and Revenue Sources, and a time line of implementation. The proposed Staffing Requirements consist of six (6) new positions (Code Compliance Supervisor, Senior Code Compliance Officer, Typist Clerk III, and three (3) Code Compliance Officers), whicb will bring the strength of this Division up to nine (9) employees. The Funding Requirements for this proposed program is $255,000.00 for the first year and $189,500 in subsequent years. The Funding Source is consistent with previous funding proposals as follows: ~ First Year Second Year *Redevelopment Agency $ 84,000.00 $ 84,000.00 *Refuse Enterprise Fund $ 90,000.00 $ 90,000.00 *Ceneral Fund $ 81,000.00 $ 15,000.00 $255,000.00 $189,500.00 The Ceneral Fund portion is completely offset by the increase in fees. The time line for implementation of this program is three (3) months to develop and implement the supervisoral structure, and three (3) months to catch up on the backlog, with a six month review of the program. The development of the supervisoral structure is currently under way and is scheduled to be ready for implementation by July 1, 1988. The goal of the progr.. i. to provide a service to tbe community that will enable the community to combat the deteriorating effects that are plaguing tbis community, and to assist others in their efforts to revitalize this community and make the City of San Bernardino a better community to live in. Staff is recommending the approval and implementations of the proposed Expanded Code Enforcement Program. _J - .. I L EA~ANOEO CODE ENFORCEMENT PROGRAM -0 OPTIONS 0 EXHIBIT "E" O.J. 1-Code Compliance Supervisor $ 31,450.00 1-Senior Code Compliance Officer 28,600.00 1-Typist Clerk III 16,800.00 3-Code Compliance Officers 77,650.00 $154,500.00 + $35,000 . $189,500.00 (Personnel Services) 67,500.00 (Vehicles and Supplies) 1st Year ($255,OOO.00) 2nd Year ($189,500.00) IMPACT: Option No.1 will allow the City to accomplish the 90als as outlined in the proposed Expanded Code Enforcement Program, as follows: 1} Resolve the case backlog, which is now grown to 609 cases. 2} Once the backlog is resolved, be responsive to Code Enforcement complaints within 24 to 48 hours of the complaint being reported. 3) 8e able to participate in pro-active Code Enforcement Programs. 4) Streamline enforcement procedures. 5) Provide an adequate level of supervision for the Code Compliance Officers, as well as effectively managing the Board of Building Commission matters. o No.2 1-Code Compliance Supervisor $ 31,450.00 1-Senior Code Comp.liance Officer 28,600.00 1-Typist Clerk III 16,800.00 1-Code Comp114nce Officer 25,890.00 $102,740.00 + $23,120 . $125,860.CO (Personnel Services) 41,OOO.CO (Vehicles and Supplies) 1st Year ($166,860.CO) 2nd Year ($125,860.CO) IMPACT: Option No.2 would reduce the Code Compliance Division ability to respond to Code Complaints, and would effectively limit this division to: c PAGE 1 OF 2