HomeMy WebLinkAbout21- Fire CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: E. Guy Burdick Subject: Adoption of Ordinance to Amend
Chapter 15 . 16 of San Bernardino
Dept: Fire Municipal Code.0
Date: 6 R-24-96 �
r
AL
Synopsis of Previous Council action:
Directed to take necessary actions to enact a revenue enhancement
program of fees for more than two routine fire inspections in
order to gain compliance.
Recommended motion:
That further reading of the ordinance be waived and it be laid
over for final adoption.
Signature
Contact person: E. Guy Burdick Phone: 384-5388
Supporting data attached: X Ward: All
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Request Adoption of Ordinance Amending Chapter 15.16 of the San
Bernardino Municipal Code Authorizing the Process of Adopting Such Fees
for Routine Fire Prevention Inspections
PURPOSE
The San Bernardino City Fire Department is requesting adoption this ordinance that
amends Chapter 15.16.080 of the San Bernardino Municipal Code. This adoption will
authorize the Mayor and Common Council to establish, by resolution, fees for routine
fire inspections.
BACKGROUND
The fees will provide a fund source that will provide a revenue enhancement for the
city. It has become necessary to seek fees for routine inspections because the number
and volume of routine fire re-inspections continue to climb. The fees will provide a
means to possibly reduce re-inspection time and allow for a more efficient utilization of
inspection resources.
In order to seek fees, Chapter 15.16 must be amended as to authorize the process for
adopting such fees. Pursuant to the adoption of this ordinance amendment a
resolution to set such fees and enact the program will be submitted.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: E. Guy Burdick, Fire Marshal Subject: Adoption of Fire Inspection
Fee Program
Dept: Fire
Date: 6-5-96
Synopsis of Previous Council action:
Directed to proceed with Revenue enhancement program to change fees for
Fire inspections requiring more than two to gain compliance.
Recommended motion:
Adopt resolution.
A4 ,�
Signature
Contact person: E. Guy Burdick Phone: 384-5388
Supporting data attached: X Ward: All
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Request Resolution Adopting Fees for
Fire Prevention Inspections
The San Bernardino City Fire Department requests adoption of certain fees for Fire
Prevention activities and services presently provided at no charge'. It is also requested
that the City approve automatic annual adjustments to the adopted fees each fiscal
year effective July 1, 1996 through July 1 , 2000 based on changes to the Consumer
Price Index (CPI). The amount of annual adjustments will be provided to the Fire
Department by the Finance Department.
This fee program will bring our city into uniformity with other cities and fire
departments in the Southern California region. There were 34 fire departments
surveyed. Out of the 34 , six had no fees for inspections, two charged for second
inspection and the remaining 26 charged for a third inspection. The San Bernardino
City Fire Department is currently charging substantially lower, or in most cases no
fees at all for these types of services:
Fire Prevention Activities
o Issuance of Permits (Minimal Fees)
o Re-Inspections (No Fees for Non-compliance)
Responses to False Alarms (No Fees)
Service charge for first occurrence with progressive fee upon successive occurrences
within specified time intervals for responses such as the following:
o Failure to notify when working on alarm or system testing
o Malicious false alarms
o Alarm malfunctions
o False alarms due to negligence
Miscellaneous Services
o Standby fire watches (Cost Recovery Only)
o Special events site inspections (No Fees)
0 Water removal (No Fees)
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Background
Recently, the San Bernardino Fire Department has reduced personnel, yet essential
services have not and should not be eliminated. This City has a responsibility to
ensure the safety of its residents but must also operate within its budget. Under the
current inspection program, many business owners ignore violations cited at regular
inspections because they face no serious penalty for doing so. The Fire Department
may use the reactive option of court citations to prosecute violators, but often the
cases are dismissed and/or owners given probation because of the case overload in
the court system. This situation allows property owners to continue to neglect fire
hazards that endanger property and lives because the last option for the Fire
Department is business closure. The closure of a business is a last resort and usually
only done because of serious life threatening violations.
The proposed fees of $25 for third inspection, $50 for fourth and $100 for ensuing
inspections will offer incentive for businesses to comply with fire codes. A majority of
business owners are willing to do whatever is necessary to maintain a safe place of
business. This fee for the third inspection will meet resistance with the owners that
are unwilling to comply with current inspection requirements.
It is expected that after the first year or two of fees for the third inspection, that a
decrease in revenue will occur because responsible business owners will realize that if
they comply with the first inspection requirements, there will be no additional fees to
pay.
This new inspection fee program based on annual routine inspections will benefit both
businesses and the City in several areas. First, it will make ensuring the public's health
and safety through fire prevention a higher priority. An inspection fee will also provide
business owners an incentive to invest money in their properties to bring them up to
code to avoid paying City fines. This proactive approach to fire code enforcement will
make property owners responsible for their properties by requiring them to maintain
their buildings and parcels consistently. Business owners become immediately
accountable for violations instead of waiting for judgment from the courts.
The inspection fee program will also increase awareness of the City's aggressive code
enforcement position. It should enhance the efforts being made to improve business
areas.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Program Specifications
Inspectors will conduct routine annual inspections at most businesses in the City. The
first and second inspection will be free of charge, and on the second visit, the
inspector will put the owner on notice that a fee will be charged for a third inspection
which is required because of violations that were not corrected. Normally, business
owners may have up to 30 days to comply, however, an immediate or 48 hour notice
may be issued depending upon the severity of the hazard.
There will be no charge for initial or second inspection. Upon the second inspection, if
the inspector determines the owner has not made a sincere effort to correct the
problems cited, the inspector will issue a notice of a fee to the owner for $25 for the
third inspection; $50 for fourth inspection if no compliance found; $100 to effect
compliance on fifth and following inspections. The owner will be fined for each
subsequent visit until the site is brought up to fire code safety standards. These fees
are in the low to average range as compared to other similar cities in the area and fall
well below the actual cost of performance of these duties.
The property owner may request an extension of time to bring the property into
compliance if the allowed time is unreasonable in a particular circumstance subject to
approval by the Fire Chief and/or the Fire Marshal
Appeals
Owners may appeal fees if they feel they have been charged unfairly. Owners must
first present their case to the Fire Marshal who shall confer with the Fire Chief to
determine whether the inspector was justified in assessing the fee. The decision of the
Chief and Fire Marshal shall be final at that stage, but property owners may further
appeal to the City Council.
Fee Breakdown
The inspection fee shall be based on a flat fee rather than a direct cost recovery for all
department and staff members involved in the inspection process. Because two types
of engine companies, some staffed with paramedics who earn a higher wage, perform
inspections at locations in their station areas and fire inspectors have a large wage
disparity, a single low flat fee was chosen.
• CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Inspection Units (1996 wage hourly rate less benefits):
Non Paramedic Engine Company and Truck Company
Firefighter $15.5960
Engineer $16.8091
Captain $20.1701
Total: $52.5752
Equipment Costs/hour $38.00
I
Total Labor and equipment Costs: $90.58
Fire Administration:
Direct Administration
Rate 10%
Other City Administration:
Indirect Administration
Rate 10%
Grand Total of Hourly Costs For Engine Company Inspection......$108.70
Fire Inspectors
Inspector $18.1962
Fire Administration
Direct Administration (Includes vehicle costs)
Rate 10%
Other City Administration
Indirect Administration
Rate 10%
Grand Total of Hourly Costs For Fire Inspector Inspection.....$21.83
The average time to conduct a first inspection is 30 to 45 minutes, dependent upon
the size and complexity of the building. By the third inspection, approximately 90 to
120 minutes has been expended to complete the inspection, including staff and
administration time.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Projected Fee Revenues
After considering costs of administering fees, fee revenues are projected at
approximately $100,000.00 for the fiscal year 1997-1998.
Fee Implementation
The Fire Department will administer the fee program and request city assistance only
in past due fee collections. To assure timely compliance, it is recommended to have
any past due collections tied to the next renewal of the city business registration. This
will eliminate duplication of fee collection efforts and streamline the administration
process to assure responsiveness to the public served by the city.
Recommendation
Approve the fee l-f—jLa_r: as outlined in this proposal.
s
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Rachel Clark, City Clerk Subject: An ordinance of the City of San Bernardino
adding Section 5.82.040 to the San
Dept: City Clerk's Office Bernardino Municipal Code relating to
the establishment of a fee upon filing an
Date: June 25, 1996 ADMIA1,41 Operator's Permit.
V1 It V11 MCC Meeting: July 1, 1996
Synopsis of Previous Council action:
3/86 - An ordinance was adopted requiring certain businesses to complete an Operator's
Permit.
Recommended motion:
That said ordinance be laid over for final adoption.
Signature
Contact person: Rachel Clark, City Clerk Phone: 5102
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct No.)
(Acct. Description)
Finance:
Council Notes:
7//// �
To: Honorable Mayor and Members of the City Council
From: Rachel Clark, City Clerk
Date : June 25, 1996
Re : Council Agenda Item for July 1, 1996
Ordinance of the City of San Bernardino adding Section
5 . 82 . 040 to the San Bernardino Municipal Code relating to
the establishment of a fee upon filing an application for
an operator' s permit .
-------------------------------------------------------------------
BACKGROUND INFORMATION:
In 1986 , an ordinance was adopted requiring certain businesses
(hotels, motels, businesses incidental or auxiliary to sale of
alcoholic beverages) to complete an Operator' s Permit . Currently,
there is no fee charged for the investigation process which
initiates in the City Clerk' s Office and is then forwarded to the
Police Department .
A non-refundable investigation fee is required for other types of
applications such as for Bingo Investigation, Dine and Dance/Live
Entertainment and Games of Amusement . During calendar year 1995,
the City Clerk' s Office logged and processed 163 Operator Permits
requiring a Police Department investigation. During the first six
months of 1996, we have already processed 107 applications .
In response to the City Council' s request for revenue enhancement
ideas, this department proposed an Operator' s Permit fee to
incorporate the costs experienced by both the City Clerk' s Office
and the Police Department . This proposed recommendation was
approved by the Mayor and Council during their recent budget
deliberations .
A cost analysis has been done of the City Clerk' s and Police
Department' s costs in processing Operator' s Permit applications and
the combined costs come to $59 .48 ; we are therefore recommending
that the Mayor and Common Council approve the proposed fee of
$59 . 00 for all Operator Permit applications .
RECOMMENDATION
That said ordinance be laid over for final adoption.
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
r*
From: Lee Gagnon, Business Registration Subject: Resolution of the Mayor and Common
Supervisor Council_ of the City of San Bernardino
Dept: City Clerk's Office � Establishing Business Registration
and Permit Fees.
Date: June 25, 1996 ORIGlp
Synopsis of Previous Council action:
10/06/90 - Resolution No. 90-411 established Business Registration Fees.
Recommended motion:
I
That said resolution be adopted.
ign re
Contact person:Lee Gagnon, Business Registration Supervisor Phone: 5036
Supporting data attached: yes Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
J/ 11 --
To: Honorable Mayor and Members of the City Council
From: Lee Gagnon, Business Registration Supervisor
Date: June 25, 1996
Re: Council Agenda Item for July 1, 1996
Resolution of the Mayor and Common Council of the City of
San Bernardino Establishing Business Registration and
Permit Fees.
-------------------------------------------------------------------
BACKGROUND INFORMATION:
On October 6, 1990, the Mayor and Common Council adopted resolution
No. 90-411 establishing Business Registration Fees for a number of
categories.
On May 16, 1996, the Mayor and Common Council ratified their
approval in concept of various business registration increases and
new fees.
The attached Resolution establishes the following fees:
1) Establishes a registration fee of $60. 00 per pool table per
year for pool halls. Fee was a flat rate of $100. 00 for a
pool hall with no per table fee. MUNICIPAL CODE SECTION
5. 04 . 140.
2) Establishes a registration fee of $34 . 00 per vending machine
per year. Fee was $60. 00 for 1-25 machines and $2 . 00 per
machine per year over 25. MUNICIPAL CODE SECTION 5. 04 . 150.
3) Establishes an Operators Permit Fee of $59 . 00 for costs
incurred by the City Clerks Office and the Police Department
in processing Operator's Permit applications. This is a new
fee. Of the $59 . 00 fee, $22 . 00 will be allocated to the City
Clerk's Office and $37. 00 to the Police Department for costs
incurred. MUNICIPAL CODE SECTION 5.82 . 040.
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Rachel Clark, City Clerk Subject: Resolution of the Mayor and Common
Council of the City of San Bernardino
Dept: City Clerk's Office Establishing City Clerk Administrative
19RI61 Fees for Costs Incurred on Abatements of
Date: June 20, 1996 Priv ate Property, Buildings, Abandoned
I V Vehicles and Weeds.
Synopsis of Previous Council action:
5/7/90 - Resolution No. 90-153 established a City Clerk Administrative Fee for
costs incurred on abatements of private property, buildings, abandoned
vehicles, and weeds.
Recommended motion:
That said resolution be adopted.
Signature
Contact person: Rachel Clark, City Clerk Phone: 5102
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
(Acct. Description)
-- Finance:
Council Notes:
To: Honorable Mayor and Members of the City Council
From: Rachel Clark, City Clerk
Date : June 20, 1996
Re : Council Agenda Item for July 1, 1996
Resolution of the Mayor and Common Council of the City of
San Bernardino Establishing City Clerk Administrative
Fees for Costs Incurred on Abatements of Private
Property, Buildings, Abandoned Vehicles and Weeds
-------------------------------------------------------------------
BACKGROUND INFORMATION:
On May 7, 1990, the Mayor and Common Council adopted Resolution No.
90-153 establishing a City Clerk Administrative fee for costs
incurred on abatements of private property, buildings, abandoned
vehicles and weeds .
No increases have been made to the existing fees during the past
six years; however, administrative costs related to weed, building,
vehicle and private property abatements which result in liens being
placed against properties, have escalated. As a result, as part of
our revenue enhancement suggestions, we recommended increases in
the existing fees as well as establishing new fees for the lien
programs .
During the recent deliberations for the 1996-97 budget, the Mayor
and Council approved recommendations for increasing administrative
fees and establishing new fees associated with the lien program.
The attached Resolution establishes the following fees :
1) Establishes an administrative charge of $30 . 00 for building
abatements paid prior to lien. Increased from $22 to $30 .
2) Establishes an administrative charge of $95 . 00 for building
abatements resulting in liens . Increased from $89 to $95 .
3) Establishes an administrative charge of $32 . 00 for vehicle
abatements . Increased from $24 to $32 .
4) Establishes an administrative charge of $19 . 50 for weed
abatements . Increased from $11 . 50 to $19 . 50 .
5) Establishes a $10 . 00 Demand Letter fee . This is a new fee for
costs incurred in responding to requests for demand letters
regarding the status of liens and/or abatement costs .
6) Establishes an administrative charge of $5 . 00 for a Release of
Lien. This is a new fee for costs in issuing a Release of
Lien.
Staff Report
June 20, 1996
page two
7) Establishes an administrative charge of $20 . 00 for costs in
providing a duplicate release of lien. This is a new fee for
costs in issuing a duplicate release of lien.
RECOMMENDATION
It is recommended that the Mayor and Council adopt the Resolution.
RACHEL CLARK
City Clerk
Attachment
CITT. OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Wayne Harp, Assistant Chief Subject: Resolution of the Mayor and Cc-,non Council
of the City of San Bernardino Authorizing the
P o 1
ice e �� 1 Execution of Addendum to Agreement for Tow
Dept: ORGY , Services
Date: June 19 , 1996
Synopsis of Previous Council action:
Resolution No. 95-241 , approved July 13 , 1995 .
Recommended motion:
Adopt resolution. (5�
i
Sigp6ture
Contact person: Sergeant J . Aragon Phone: 384-5737
Supporting data attached: Yes Ward:
FUNDING REQUIREMENTS: Amount: Source:
Finance:
Council Notes:
75-0262 Aaenda Item No.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Resolution No. 95-241 establishes standard criteria for companies
to provide tow services for the City of San Bernardino. After City
Council approved that resolution, each tow company entered into an
"Agreement for Tow Services" agreeing to the terms of the
resolution and to "charge and remit to City on a monthly basis a
$25 . 00 per vehicle towed franchise fee. "
Sergeant Aragon has completed staff work determining an
administrative fee of $50 will recover the actual costs incurred by
the department in the towing, and processing of paperwork
associated with towing. I recommend raising our administrative fee
to $50/vehicle .
Mr. Fred Wilson, Assistant City Administrator discussed this matter
with Mr. Steve Johnson, President of the Inland Tow Association on
June 11th. Mr. Johnson, as spokesperson for the four tow companies
currently on the police rotation, agreed the companies would allow
the modification of the Agreement for Tow Services to raise the
Administrative Tow Fee to $50/vehicle .
I ADDENDUM TO AGREEMENT FOR TOW SERVICES
2 THIS ADDENDUM TO AGREEMENT FOR TOW SERVICES is entered into
3 this day of July, 1996, by and between the CITY OF SAN
4 BERNARDINO ( "City" ) and BIG Z TOWING, INC. ( "Towing Carrier" ) .
5 The parties hereto agree as follows :
6 Paragraph 13 of said Agreement for Tow Services is amended to
7 read as follows :
8 "13 . Towing Carrier shall charge and remit to City
9 on a monthly basis a $50 . 00 per vehicle towed franchise
10 fee . Such fee shall not be charged for those individuals
11 who have had their vehicles towed, stored or impounded as
12 a result of being a victim of a crime (car theft, etc . )
13 or those vehicles belonging to any public agency. "
14 In all other respects the terms of said Agreement shall remain
15 unchanged and in full force and effect .
16 IN WITNESS WHEREOF, the parties hereto have executed this
17 Addendum on the day and date first above shown.
18 CITY OF SAN BERNARDINO
19
By
20 Mayor Tom Minor
21 Attest : BIG Z TOWING, INC.
22 "Towing Carrier"
By
23 Rachel Clark By:
24 Approved as to Form and
Legal Content :
25
JAMES F. PENMAN
26 City Attorney
27 By
28
HTC:ms[TowServ.Addj j
1 ADDENDUM TO AGREEMENT FOR TOW SERVICES
2 THIS ADDENDUM TO AGREEMENT FOR TOW SERVICES is entered into
3 this day of July, 1996, by and between the CITY OF SAN
4 BERNARDINO ( "City" ) and TRI-CITY TOWING, INC. ( "Towing Carrier" ) .
5 The parties hereto agree as follows :
6 Paragraph 13 of said Agreement for Tow Services is amended to
7 read as follows :
8 1113 . Towing Carrier shall charge and remit to City
9 on a monthly basis a $50 . 00 per vehicle towed franchise
10 fee. Such fee shall not be charged for those individuals
11 who have had their vehicles towed, stored or impounded as
12 a result of being a victim of a crime (car theft, etc . )
13 or those vehicles belonging to any public agency. "
14 In all other respects the terms of said Agreement shall remain
15 unchanged and in full force and effect .
16 IN WITNESS WHEREOF, the parties hereto have executed this
17 Addendum on the day and date first above shown.
18 CITY OF SAN BERNARDINO
19
By
20 Mayor Tom Minor
21 Attest : TRI-CITY TOWING, INC.
22 "Towing Carrier"
By:
23 Rachel Clark By:
24 Approved as to Form and
Legal Content :
25
JAMES F. PENMAN
26 City Attorney
27 � ,
By:
28
HTC:ms[TowServ.Add] 1
I ADDENDUM TO AGREEMENT FOR TOW SERVICES
2 THIS ADDENDUM TO AGREEMENT FOR TOW SERVICES is entered into
3 this day of July, 1996 , by and between the CITY OF SAN
4 BERNARDINO ( "City" ) and CITY TOWING ( "Towing Carrier" ) .
5 The parties hereto agree as follows :
6 Paragraph 13 of said Agreement for Tow Services is amended to
7 read as follows :
8 "13 . Towing Carrier shall charge and remit to City
9 on a monthly basis a $50 . 00 per vehicle towed franchise
10 fee. Such fee shall not be charged for those individuals
11 who have had their vehicles towed, stored or impounded as
12 a result of being a victim of a crime (car theft, etc. )
13 or those vehicles belonging to any public agency. "
14 In all other respects the terms of said Agreement shall remain
15 unchanged and in full force and effect .
16 IN WITNESS WHEREOF, the parties hereto have executed this
17 Addendum on the day and date first above shown.
18 CITY OF SAN BERNARDINO
19
By
20 Mayor Tom Minor
21 Attest : CITY TOWING
22 "Towing Carrier"
By:
23 Rachel Clark By:
24 Approved as to Form and
Legal Content :
25
JAMES F. PENMAN
26 City Attorney
27
By:
28
HTC:ms[TowServ.Add] 1
1 ADDENDUM TO AGREEMENT FOR TOW SERVICES
2 THIS ADDENDUM TO AGREEMENT FOR TOW SERVICES is entered into
3 this day of July, 1996 , by and between the CITY OF SAN
4 BERNARDINO ( "City" ) and AL WILSON SERVICES, INC. ( "Towing
5 Carrier" ) .
6 The parties hereto agree as follows :
7 Paragraph 13 of said Agreement for Tow Services is amended to
8 read as follows :
9 1113 . Towing Carrier shall charge and remit to City
10 on a monthly basis a $50 . 00 per vehicle towed franchise
11 fee. Such fee shall not be charged for those individuals
12 who have had their vehicles towed, stored or impounded as
13 a result of being a victim of a crime (car theft, etc. )
14 or those vehicles belonging to any public agency. "
15 In all other respects the terms of said Agreement shall remain
16 unchanged and in full force and effect .
17 IN WITNESS WHEREOF, the parties hereto have executed this
18 Addendum on the day and date first above shown.
19 CITY OF SAN BERNARDINO
20
By
21 Mayor Tom Minor
22 Attest : AL WILSON SERVICES, INC.
23 "Towing Carrier"
By
24 Rachel Clark By:
25 Approved as to Form and
Legal Content :
26
JAMES F. PENMAN
27 City ttorney
28 By: 4 z,
H :ms[TowServ.Addl 1