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Home My WebLink About03 - Request to Add Code Enforcement Officer I Position to the Community Development DepartmentQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report September 27, 2022 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Tonee Thai, Deputy Community Development Director -Building/ Chief Building Official, tthai@newportbeachca.gov PHONE: 949-718-1867 TITLE: Resolution No. 2022-62: Request to Add Code Enforcement Officer I Position to the Community Development Department ABSTRACT: Over the past year, the Code Enforcement Division has provided nighttime and weekend code enforcement services through the use of a contract code enforcement officer. For the City Council's consideration is a resolution to add one Code Enforcement Officer I position to the Community Development Department (CDD). If the additional position is approved, then the contract position will be removed. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Adopt Resolution No. 2022-62, A Resolution of the City Council of the City of Newport Beach, California, Adding a Code Enforcement Officer Position to the Community Development Department; and c) Approve Budget Amendment No. 23-022 transferring $86,016 from the Code Enforcement Professional Services account to various salary and benefit accounts. DISCUSSION: Due to the enhanced enforcement for short term lodging complaints received through the 24-hour hotline, CDD contracted with Willdan Engineering to provide one contract code enforcement officer to assist in providing evening and weekend enforcement services between the hours of 2 p.m. and 12 a.m. Contract staff also respond to complaints related to illegal street vending, lighting complaints, use permit violations, and restaurant noise complaints. From January 2022 to August 31, 2022, there are 2,394 active cases, of which, 222 were assigned to the contract code enforcement officer. 3-1 Resolution No. 2022-62: Request to Add Code Enforcement Officer I Position to the Community Development Department September 27, 2022 Page 2 In response to increased unpermitted street vending activity on public beaches, the contracted code enforcement officer cited a number of unpermitted street vendors. The current contract officer's performance in this role has resulted in positive comments from the chief lifeguard and the president of the Balboa Village Merchants Association. In one case, the contract officer responded to a call from the Newport Beach Police Department to assist in stopping a beach party with live entertainment and alcohol one hour prior to the event starting. It has been, and continues to be, a challenge to find qualified contract staff to perform the needed code enforcement services. The difficulty is compounded by existing staff having to regularly rotate and train new contract staff to comply with the work duration limitations. Facts that support hiring of a full-time City employee rather than relying on contract staff are: 1) the relatively small pool of individuals that have the right experience; 2) the Penal Code Section 832 certification, which is a minimum requirement of the position; 3) the service schedule CDD provides the community, which includes late evening and weekends; and 4) reducing staff turnover and the time to train new people in the position. FISCAL IMPACT: The cost to contract out a full-time code enforcement officer is $135,200 per year. The fully loaded annual cost for a Code Enforcement Officer I position is $114,688. However, because the fiscal year is already approximately 25% complete, the attached Budget Amendment only allocates $86,016 to fund the cost of the position for the remainder of the fiscal year. Staff is recommending utilization of professional service funds currently allocated to funding the contract code enforcement officer position to pay for the cost of the staff Code Enforcement Officer I position. Therefore, no additional funding from the General Fund is required. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Resolution No. 2022-62 Attachment B — Salary Structure and Job Description Attachment C — Budget Amendment 3-2 Attachment A Resolution No. 2022- 62: Adding a Code Enforcement Officer Position to the Community Development Department 3-3 RESOLUTION NO. 2022-62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADDING A CODE ENFORCEMENT OFFICER POSITION TO THE COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, City of Newport Beach ("City") Charter Section 601 requires the City Council to provide the number, titles, qualifications, powers, duties and compensation of all officers and employees; WHEREAS, over the past few years, the Code Enforcement Division's workload has increased, and enforcement hours have expanded to weekends and evening shifts; WHEREAS, the Code Enforcement Division uses the services of contract staff to provide the weekend and evening services; and WHEREAS, to ensure the City is able to provide timely responses and meet its current and future obligations, the City Manager recommends that one Code Enforcement Officer be added to the Community Development Department to replace contract staff. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: One Code Enforcement Officer position shall be added to the Community Development Department, Code Enforcement Division. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 3-4 Resolution No. 2022- Page 2 of 2 Section 4: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 27th day of September, 2022. Kevin Muldoon Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 3-5 Attachment B Full -Time Code Enforcement Officer I Salary Structure and Job Description 3-6 8/29/22, 11:22 AM City of Newport Beach - Class Specification Bulletin City of Newport Beach CITY OF NEWPORT BEACH Established Date: Jan 15, 2013 Revision Date: Jul 30, 2014 DEFINITION: CODE ENFORCEMENT OFFICER I Class Code: 400023 Bargaining Unit: Professional & Technical Association SALARY RANGE $28.58 - $40.22 Hourly $2,286.14 - $3,217.30 Biweekly $4,953.31 - $6,970.83 Monthly $59,439.74 - $83,649.90 Annually To assist in the enforcement of various sections of the Newport Beach Municipal Code relating to property maintenance, zoning, health and safety, specified building codes, noise, water conservation & water quality, business regulations, nuisances, and traffic/street issues; identify, inspect, and assist violators in correcting violations of the City's codes and ordinances; seek voluntary compliance or issue Notices of Violations or citations; and perform related work as required. DISTINGUISHING CHARACTERISTICS: Code Enforcement Officer — Trainee: This is the training level position in the Code Enforcement Officer series and is distinguished from Code Enforcement Officer I by the limited scope and complexity of duties performed. Incumbents initially perform work under close supervision and work is observed and reviewed both during performance and upon completion. Upon supervisor recommendation and satisfactory performance in the Code Enforcement Officer Trainee position, the incumbent may progress to the Code Enforcement Officer I after minimum qualifications for the position are met. Code Enforcement Officer I: This is the entry level position in the Code Enforcement Officer series and is responsible for performing the full range of code and water quality enforcement activities. This level is distinguished from the Code Enforcement Officer II in that the more complex duties and responsibilities are not assumed at this level, nor is functional and technical supervision exercised. SUPERVISION RECEIVED AND EXERCISED: The Code Enforcement Officer Trainee receives general direction and close supervision from the Code Enforcement Supervisor while learning job related tasks. The Code Enforcement Officer I receives general supervision from the Code Enforcement Supervisor. ESSENTIAL DUTIES: The following essential functions are typical for this classification. Incumbents may not perform all of the listed functions and/or may be required to perform additional or different functions from those below, to address business needs and changing business practices: • With courtesy and tact, enforce Newport Beach Municipal Codes relating to property maintenance, zoning, specified building codes, nuisances, public rights -of -way, water quality https:Hagency.govern mentjobs.corn/newportbeach/default.cfm?action=specbulletin&ClassSpeclD=892152&headerfooter=0 1/4 3-7 8/29/22, 11:22 AM City of Newport Beach - Class Specification Bulletin and conservation, health and safety; • Conduct field inspections and surveys of residential, industrial and/or commercial properties to determine compliance with appropriate codes, ordinances, regulations and conditions of approval for discretionary permits; perform National Pollution Discharge Elimination Systems compliance inspections as required; conduct routine follow-up inspections to verify compliance; • Issue Notices of Violation, Administrative Citations and letters to property owners/tenants and businesses whose properties are not or may not be in compliance with current codes, ordinances, regulations and conditions of approval for discretionary permits; • Initiate contact with property owners, tenants and defendants and respond to inquiries from property owners and the public regarding compliance with zoning regulations, property maintenance standards, regulatory practices and current code enforcement cases; respond to citizen complaints regarding potential code violations; • Serve as liaison and educator to the community, including residents, visitors, and businesses in order to increase voluntary and cooperative compliance with City codes, ordinances, and regulations; • Assist and represent the City in prosecution of violations, including direct testimony in court or before an Administrative Hearing Officer; • Meet with City staff and legal counsel regarding complaints; coordinate activities with other code enforcement staff and department personnel; • Maintain accurate, complete records of complaints, inspections, violations and citations; prepare written reports detailing code enforcement activity • Participate in available training and instructional classes and seminars; • Regularly and predictably attend work; and • Perform related duties as assigned. QUALIFICATIONS: To perform this job successfully, an individual must be able to perform each essential function. The requirements listed below are representative of the knowledge, skill, and/or ability required. Knowledge of: Code Enforcement Officer Trainee: Basic principles and practices of public program administration and municipal government operations; Effective customer service skills and techniques; Record keeping principles and practices; and Modern office procedures, methods and computer equipment. Code Enforcement Officer I (in addition to the Knowledge required for Code Enforcement Officer Trainee): https://agency.govern mentjobs.corn/newportbeach/default.cfm?action=specbulletin&ClassSpeclD=892152&headerfooter=0 2/4 3-8 8/29/22, 11:22 AM City of Newport Beach - Class Specification Bulletin State and municipal requirements as they relate to the Newport Beach Municipal Code and City, State and Federal Codes, permits, laws, and regulations as they relate to the protection of surface water quality, storm water, and water conservation; and Principles, practices, methods and techniques of the various aspects of code enforcement including some familiarity with proper due process. Ability to: Enforce the Newport Beach Municipal Code, including land use, development and property maintenance; Apply City, State and Federal Codes, permits, laws, and regulations as they relate to the protection of surface water quality, storm water, and water conservation; Learn principles, practices, methods and techniques of the various aspects of code enforcement including proper due process; Research City records and determine conditions that apply to the development and use of private property; Drive a vehicle legally and safely under various conditions; Exercise good judgment in a variety of situations; Diffuse tense or stressful situations and gain cooperation through discussion and persuasion; Communicate clearly and concisely, both orally and in writing; Appear for work on time; Follow directions from a supervisor; Understand and follow posted work rules and procedures; Accept constructive criticism; and Establish and maintain cooperative working relationship with those contacted in the course of work. This position may be required to work nights, weekends, holidays, and overtime hours as needed. EXPERIENCE & EDUCATION AND LICENSE/CERTIFICATE: A combination of experience and education that would likely provide the required knowledge and abilities may be qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Code Enforcement Officer Trainee: Six months experience involving heavy public contact, including general compliance, investigatory, or enforcement experience. Municipal government experience desirable. Code Enforcement Officer I: One year responsible work experience enforcing building, zoning, use permits, and related codes. Code enforcement experience in municipal government highly desirable. Education: Equivalent to completion of the twelfth grade. College level course work in criminal justice, science, business or public administration desirable; a Bachelor's degree is https://agency.governmentjobs.com/newportbeach/default.cfm?action=specbulletin&ClassSpeclD=892152&headerfooter=0 3/4 3-9 8/29/22, 11:22 AM highly desirable. City of Newport Beach - Class Specification Bulletin License/Certification: Due to the performance of some field duties which require the operation of a personal or City vehicle, a valid and appropriate California driver's license and an acceptable driving record are required. Possession of Penal Code Section 832 certification within twelve months of hire. Please Note: Candidates deemed most qualified, as reflected in their application materials, will be invited to continue in the recruitment process. The prospective candidate must successfully complete a thorough background review, including being fingerprinted by the Newport Beach Police Department. The resulting report of your conviction history, (if any), will be evaluated along with the other information received in connection with your application. Except as otherwise required by law, a criminal conviction will not necessarily disqualify you from the position. The nature, date, surrounding circumstances, and the relevance of the offense to the position applied for may, however, be considered. Disaster Service Worker: In accordance with Government Code Section 3100, City of Newport Beach Employees, in the event of a disaster, are considered disaster service workers and may be asked to respond accordingly. https://agency.governmentjobs.com/newportbeach/defauIt.cfm?action=specbuIletin&ClassSpeclD=892152&headerfooter=0 4/4 3-10 City of Newport Beach BUDGET AMENDMENT 2022-23 ATTACHMENT C BA#: 23-022 Department: Community Development ONETIME: ❑ Yes Ej No Requestor: Seimone Jurjis Approvals ❑ CITY MANAGER'S APPROVAL ONLY Finance Director: Dateq S b� 0 COUNCIL APPROVAL REQUIRED City Clerk: Date EXPLANATION FOR REQUEST: To transfer existing budget appropriations from professional services to salary and benefit accounts to fund one full time ❑� from existing budget appropriations Code Enforcement Officer I for the remainder of FY23. ❑ from additional estimated revenues ❑ from unappropriated fund balance REVENUES Fund # Org Object Project Description Increase or (Decrease) $ Subtotal; $ EXPENDITURES Fund # Org Object Project Description Increase or (Decrease) $ 010 01050503 711001 CODE ENFORCEMENT- SALARIES MISCELLANEOUS 63,678.00 010 01050503 721001 CODE ENFORCEMENT - CAFETERIA ALLOWANCE FT 16,866.00 010 01050503 727016 CODE ENFORCEMENT- MEDICARE FRINGES 1,168.00 010 01050503 722001 CODE ENFORCEMENT - PENSION EE NORMAL COST MISC 4,139.00 010 01050503 724001 CODE ENFORCEMENT - PENSION EE CONTRIB MISC (8,278.00) 010 01050503 723003 CODE ENFORCEMENT - PENSION ER NORMAL COST SAFETY 6,119.00 010 01050503 728003 CODE ENFORCEMENT - COMPENSATED ABSENCES 2,229.00 010 01050503 727013 CODE ENFORCEMENT - EMP ASSISTANCE PROGRAM 16.00 010 01050503 727012 CODE ENFORCEMENT- LIFE INSURANCE 79.00 010 01050503 811008 CODE ENFORCEMENT - SERVICES PROFESSIONAL (86,016.00) Subtotal $ FUND BALANCE Fund # Object Description Increase or (Decrease) $ 010 300000 GENERAL FUND - FUND BALANCE CONTROL Subtotal. $ No Change In Fund Balance 3-11