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ENB-2.08 - Agreement For Development Services Functions Between The Bureau Of Development Services And The Bureau Of Environmental Services

AGREEMENT FOR DEVELOPMENT SERVICES FUNCTIONS BETWEEN THE BUREAU OF DEVELOPMENT SERVICES AND THE BUREAU OF ENVIRONMENTAL SERVICES
Administrative Rule Adopted by Bureau Pursuant to Rule-Making Authority
ARB-ENB-2.08

 
PREAMBLE:
 
The purpose of this agreement is to continuously improve the City of Portland’s development review process to assist applicants and stakeholders in achieving their development goals in a way that is consistent with the City development standards and goals.
 
A streamlined and updated regulatory system for land development and building construction is a priority of the Portland City Council. Evidence of this is seen in the efforts of the Annual Regulatory Improvement Workplan adopted under Resolution 36092 as amended, as well as by Blueprint 2000. The Councils’ directive provides for on-going review to insure that there is predictable, seamless delivery of City development review functions, accountability, involvement of community stakeholders, performance measurement, analysis of the impact of regulations, and monitoring of regulatory systems to measure outcomes.
 
The adopted council resolutions authorize the Office of the Mayor to mange the process for streamlining and updating the City’s regulations for building and land development, and improving the procedures and customer services for these regulations. The Office of the Mayor is also authorized to review existing inter-agency agreements between City bureaus regarding procedures for permit routing and approval. City bureaus are directed to work with the Office of the Mayor in revising existing agreements to eliminate procedures that delay processing and review of applications for permits and development.
 
Through the provisions of this agreement, bureaus will define performance goals, how performance will be measured, how staff will be assigned to development review functions, how conflicts will be resolved, how regulations can be appealed and how policies affecting development review will be implemented.

 
AGREEMENT:
 
I. BDS assumes responsibility for providing overall management of the City’s development review processes. BES is a partner in this effort and agrees to manage its functions to assist in this effort. The bureau directors from BDS, BES, Fire, Parks, PDOT, Planning and Water will meet a minimum of once quarterly with the Commissioner-in-charge of the Bureau of Development Services to monitor the development process and development regulations.
 
II. BDS Responsibilities:
A. Process Managers assigned by BDS will be responsible for coordinating designated development projects to insure that time requirements and Council’s development goals are met.
 
B. BDS will provide a tracking system that allows for seamless administration of the City’s permitting process and may serve as a base for the development of a common tracking system for public works permit processing. BDS will install the tracking system on the desk tops of all appropriate development review staff, supervisors and bureau managers will provide training in the use and standard operating practices of the system.
 
C. BDS will provide standard reports for turnaround goals and will assist bureaus in setting up individual bureau and department reports tailored to their management needs. BDS will work with bureaus to have the design of the standard turnaround reports completed by January 15, 2003. Reports will be set up so bureaus may run them on their own as needed. BDS will provide monthly standard reports of the turnaround goals. A copy of these reports will be provided the City Council.
 
D. BDS will insure that all building plan applications including site plans are complete, with forms or information included for fee calculations and SDC assessments prior to acceptance for processing.
 
E. BDS will insure that all plans accepted in the Money Back Guarantee Pilot Program are clearly identified on both the TRACS reports and the actual plans themselves. These plans will be available by request to all bureaus immediately after their applications have been accepted. Plans not made available by special request will be delivered to bureaus using standard procedures. In addition, BDS will assign a process manager to track this program and help assure its success for all bureaus.
 
F. BDS through the SWAT team will take the lead for developing a LUR submittal checksheet that includes information required by each of the bureaus participating in the LUR process. This work will be completed by February 15, 2003.
 
G. BDS staff will assist BES in helping the public by performing the following functions:
1. BDS will be responsible for issuing sewer connection permits not related to building permits for new construction, subject to BES policies, criteria, and procedures.
 
2. BDS will inspect and record sewer connections to laterals that are located on private property and are connecting to the public sewer system at the property line.
 
3. BDS will be responsible for issuing sewer repair permits in the public right-of-way subject to BES policies, criteria, and procedures.
 
4. BDS may provide sewer information that is readily available to the public.
 
5. BDS will distribute BES manuals, handbooks and other bureau related informational material to the public.
III. BES Responsibilities:
A. BES will join with BDS, PDOT, Water, Parks and Fire to collect data and do an analysis to determine the appropriate staffing levels to support turnaround and the customer service goals as indicated in this Agreement. This work will be completed by February15, 2003. As a result of the study, a joint report will be submitted to Council indicating the needed staffing levels to support the goals as well as the budgetary requirements. The SWAT team will take the lead in preparing the report.
 
B. Bureaus will participate in the development and successful implementation of the Small Business Initiative Pilot Program, the Money Back Guarantee Pilot Program and other service improvement programs as directed by Council.
 
C. Bureaus will collaborate with other affected bureaus when preparing the implementation section of the Regulatory Impact Analysis and planning the implementation of regulations to be reviewed, inspected or enforced by other bureaus. The resources for additional staffing and equipment will be identified with the adoption of new regulations and funded before the implementation date.
 
D. Bureaus will participate in the development process management team, SWAT. The bureau representatives will have the authority to participate in team decisions affecting development review process policies and procedures. If decisions are to be made on budget or personnel issues at a SWAT meeting, the pertinent information will be distributed to the bureaus prior to the SWAT meeting with enough lead-time for the bureaus to review and make a decision.
 
E. BES will participate with BDS, Portland Department of Transportation and the Water Bureau in the development and implementation of a commonly shared tracking system for public works permits. The proposal will be presented to the bureau directors no later than March 26, 2003.
 
F. BES will locate staff with BDS at the 1900 Building to assist with development related services. Co-located functions shall include:
1. Being available to assist customers in the DSC between 7:30 AM and 3:30 PM Monday through Friday and Thursday evenings from 5 to 8:00 PM. Staffing levels for this function should support the goal of customers having to wait no more than 15 minutes before being served.
 
2. Review of building permit applications.
 
3. Prepare folders for connection permits and setup financing contracts.
 
4. Provide information to the public regarding availability and capacity of existing storm and sanitary sewers.
 
5. Advise the public on the requirements for storm and sanitary services for their improvement or development projects.
 
6. Provide the public with information regarding BES development fees.
 
7. Review of building plans for source control, Columbia South Shore Plan District and industrial waste and stormwater permitting.
 
8. Assist customers in finding additional information or contact person for BES public works projects that may impact their development.
 
9. BES staff will be responsible for recording data into TRACS regarding information provided during early assistance, responses to land use actions and building plans reviewed by BES.
 
10. BES staff located in the Development Services building will be available to assist customers, stakeholders and other staff to provide/providing general information regarding BES’s public works permitting process.
G. BES development related functions located in the Portland Building shall include:
1. Preparation of responses to land use review applications.
 
2. Reviewing, issuing, inspecting and closing out of BES public works permits.
 
3. BES staff will be responsible for entering pre-application conference, land use review, and public work’s data as appropriate into TRACS to facilitate the process manager’s coordination of development projects.
 
4. BES will insure that staff not located in the 1900 Building is available to attend scheduled meetings held in that building.
 
5. BES will be responsible for the creation and maintenance of records, maps, as-builts and other data related to BES functions and used for development review. This includes the responsibility for the data conversion to electronic records as appropriate.
IV.  Performance Measurement Goals and Expectations:
A. Building Permits
1. Turnaround Goals
 
PERMIT TYPE
WORKING DAYS TO 1ST REVIEW
WORKING DAYS TO RECHECK
Residential Alterations*
7
3
Commercial Alterations*
10
5
RS Additions
15
5
CO Additions
20
5
RS New Construction
15
5
CO New Construction
20
5
Projects Assigned To A Process Manager
As above unless per written agreement with Process Manager
As above unless per written agreement with Process Manager
 
*Permit types included in the "Money Back Guarantee Pilot Program"
 
"Working Days to 1st Review" is defined as the number of business days following intake. Day 1 would be the next business day after intake. "Working Days to Recheck" is defined as the number of business days following the date that the bureau is notified that recheck comments have been received.
2. Expectations
a. Goals will be revisited after the completion of the bureau analysis of required staffing.
 
b. First reviews will be comprehensive and will address all issues raised in the submittal materials.
 
c. Reviewers will do written checksheets that are attached to the TRACS folder.
 
d. The SWAT team will do an analysis of the process of distributing plans and other documents to review staff after corrections have been made by the applicant in an effort to reduce distribution time. This work will be completed by January 15, 2003.
B. Land Use Reviews
1. Turnaround Goals
CASE TYPE
AGENCY COMMENTS DUE
Type I
30 business days from date of notice
Type II
10 business days from date of notice
Type Iix
30 business days from date of notice
Type III
30 business days from the date of the "Request for Response"
2. Expectations
a. If responses will be late, the agency staff will notify the land use planner by e-mail prior to the deadline.
 
b. In cases where an agency discovers a major obstacle to approving the land use as proposed, the agency staff will notify the land use planner immediately by phone or e-mail.
 
c. When major issues arise with a land use review, the agency staff will be available to attend problem-solving meetings with the applicant and the land use planner.
 
d. If agency staff meets separately with the applicant to troubleshoot issues, the land use planner will be informed of those discussions so that they have an accurate understanding of the issues when they write the City decision.
 
e. All notes or reports will be entered in or attached to TRACS.
 
f. BDS will do an analysis of the method of distribution used to notify bureaus regarding land use cases in an effort to reduce distribution time to allow bureaus more time to respond. This work will be completed by January 15, 2003.
C. Land Use Pre-Application Conferences
1. Performance Goals
AGENCY ACTION
DUE DATE
Written response to applicant’s proposal
10 business days from the date of the meeting
2. Expectations
a. Assigned staff come prepared to pre-application meetings ready to discuss current service levels, provide as much information as possible regarding improvement requirements and relevant approval criteria and can offer guidance on how the applicant should respond to the criteria.
 
b. The pre-application meeting coordinator will notify those bureaus that don’t generally send a representative to the meetings if their attendance is specifically requested.
D. Monitoring Goals
1. The supervisor or manager of each review section will be responsible to regularly monitor their section’s performance goals as noted by the standard turnaround reports provided by BDS and to provide monthly written reports to SWAT. The SWAT team will prepare quarterly reports to Council.
V. Conflict Resolution:
A. To assist in resolution of conflicts, BES agrees to develop and maintain an appeals process for building permits assuring applicants that appeals decisions will be made in no more than ten working days from the receipt of the appeal application. BES further agrees to make the process known to staff and each customer, and maintain a written record of the results of all appeals. This work will be completed by March 1, 2003. BDS will take the lead in preparing a single public document that includes all the development related appeals processes.
 
B. Land use appeals will be handled in accordance with ORS provisions.
 
C. BDS in conjunction with the development bureaus would produce and make readily available to the public information listing the supervisors or managers for all review groups. Any customer who perceives a problem with an individual staff member will be allowed and would be encouraged to contact their supervisor.
 
D. In an effort to continuously improve the development process and to provide better customer service, all review staff will be trained and supported to assist applicants in achieving their development goals in a way that is consistent with the City development standards and goals.
 
E. Staff will assist applicants by identifying conflicts in regulations, unclear regulations or regulations that are difficult to implement and to suggest alternatives where they exist and to raise these issues with their supervisor and/or the process manager when there are no alternatives.
 
F. Staff will be trained and encouraged to generally look for conflicts in regulations, unclear regulations or regulations that are difficult to implement and to raise those issues to their supervisor for potential inclusion in the Annual Regulatory-Improvement Workplan.
 
G. On assigned projects, Process Managers shall be responsible for initiating or being available to address conflicts should they arise in the course of land use or building permit issuance or construction.
VI.  Fees, Policies and Revenue Collection:
A. BDS will monitor and review development related fees internal and external to the City of Portland. BDS and BES agree to work together in an effort to establish a development review fee policy that would be consistent and competitive with other jurisdictions.
 
B. BDS will provide fee collection services for BES through the DSC. Cost of fee collection shall be negotiated and reimbursed by BES.
 
C. The total cost of refunding plan review fees as a result of the City not meeting the deadline requirements of the "Money Back Guarantee" Pilot Program will be borne by the bureau who missed the deadline. If multiple bureaus miss the deadline those bureaus will share the refund costs equally. Any disputes regarding the responsibility for missed deadlines will be settled by SWAT with each bureau having a single vote.
 
D. No bureau is authorized to waive or otherwise adjust a fee payable to another bureau.
VII. Staff Development and Customer Education:
A. BES, PDOT & Water agree to work together to develop and implement a program to cross train plan reviewers with the goal of creating a pool of cross-trained staff who can perform consolidated utility plan reviews for selected building permits. The plan will be implemented by September, 2003.
 
B. BES staff will participate in the development of customer education materials and the "Lunch and Learn" program and other educational outreach as appropriate.
 
C. BES will have regulations, policies, rules, development information, manuals etc. on their Web site with links to and from the BDS Web site.
VIII. Work Space and Equipment:
A. BDS shall provide nine workstations in the 1900 Building for BES staff. BDS will provide basic cubical furniture as well as centrally located standard office equipment such as printers, copiers, fax machines, microfiche printer and viewer, storage space and basic office supplies. BDS will provide meeting space for development related and staff meetings. The FY 2002/03 space rental rate is $5,232 per cubical. That rate is adjusted annually based on the rate that the Office of Management and Finance charges BDS for space rental.
 
B. BES will be responsible for the purchase of personal computers and related software. BES will provide and maintain the software and/or networking necessary for their staff to perform their functions. BDS will install TRACS on all PCs.
 
C. BES will be responsible for providing phone service to their work-spaces. The cost of phone installation and the monthly charges will be billed directly to BES.
 
D. BES will be allowed access to parking validation and parking spaces according to BES policy and practices.
 
E. BES employees assigned to the building will be allowed membership, access and/or benefits of the building as any other city employee located at the 1900 Building.

 
HISTORY
Filed by Bureau of Development Services for inclusion in PPD September 29, 2004.
Document dated December 10, 2002.

Table of Contents
ENB-2.01 - Initial Regulatory Improvement Workplan Implementation
ENB-2.02 - "Top Ten" Regulatory Code Improvement List and Code Maintenance List (FY 2002-03)
ENB-2.03 - Regulatory Improvement Workplan: Workplan Elements for FY 2003-2004
ENB-2.04 - Process to Resolve Development Review Delays
ENB-2.05 - Regulatory Improvement Workplan Progress Report
ENB-2.06 - Memorandum of Understanding Between Bureau of Development Services and Office of Neighborhood Involvement
ENB-2.07 - Memorandum of Understanding Between the Bureau of Planning and the Bureau of Development Services
ENB-2.08 - Agreement For Development Services Functions Between The Bureau Of Development Services And The Bureau Of Environmental Services
ENB-2.09 - Agreement For Development Services Functions Between The Bureau Of Development Services And The Bureau Of Fire, Rescue And Emergency Services
ENB-2.10 - Agreement For Development Services Functions Between The Bureau Of Development Services And The Bureau Of Parks And Recreation
ENB-2.11 - Agreement For Development Services Functions Between The Bureau Of Development Services And The Portland Office Of Transportation
ENB-2.12 - Agreement For Development Services Functions Between The Bureau Of Development Services And The Bureau Of Water Works
ENB-2.13 - Memorandum of Understanding Between Bureau of Development Services and Office of Neighborhood Involvement (FY 2005-06)
ENB-2.14 - Major Projects Group Program Fees