AGREEMENT FOR DEVELOPMENT SERVICES FUNCTIONS BETWEEN THE BUREAU OF
DEVELOPMENT SERVICES AND THE BUREAU OF WATER WORKS
Administrative Rule Adopted by Bureau Pursuant to Rule-Making
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
I. BDS assumes responsibility for providing overall management of the City’s
development review processes. WATER 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, and supervisors and bureau managers and
will provide training in the use and standard operating practices of the
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,
G. BDS staff will assist WATER in helping the public by performing the
1. BDS will distribute WATER manuals, handbooks and other bureau related
informational material to the public.
III. WATER Responsibilities:
A. WATER will join with BDS, PDOT, BES, Parks and Fire to collect data and
do an analysis to determine the appropriate staffing levels to support
turnaround and the customer service goals indicated in this Agreement. This
work will be completed by February 15, 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
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
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
E. WATER will participate with BDS, PDOT, and BES 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,
F. WATER will be available via phone to customers and staff at the 1900
Building to assist with development related services. Including:
1. Being available to assist customers in the DSC between 7:30 AM and
3:30 PM Monday through Friday. Staffing levels for this function should
support the goal of customers having to wait no more than 15 minutes before
2. Provide information to the public regarding availability of existing
3. Advise the public on the requirements for water services for their
improvement or development projects.
4. Provide the public with information regarding WATER development
5. Assist customers in finding additional information or contact person
for WATER public works projects that may impact their development.
6. WATER 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 WATER.
7. WATER staff located in the Development Services building will be
available to assist customers, stakeholders and other staff to
provide/providing general information regarding WATER’s public works
G. WATER development related functions located in the Portland Building
1. Preparation of responses to land use review applications.
2. Reviewing, issuing, inspecting and closing out of WATER public works
3. WATER staff will be responsible for entering pre-application
conference, land use review, plan review and public work’s data as
appropriate into TRACS to facilitate the process manager’s coordination of
4. WATER will insure that staff not located in the 1900 Building is
available to attend scheduled meetings held in that building.
5. WATER will be responsible for the creation and maintenance of records,
maps, as-builts and other data related to WATER 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
WORKING DAYS TO 1ST REVIEW
WORKING DAYS TO RECHECK
Residential Alterations *
Commercial Alterations *
RS New Construction
CO New Construction
Projects Assigned To A Process Manager
As above unless per written agreement with
As above unless per written agreement with
*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.
a. Goals will be revisited after the completion of the bureau analysis of
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
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
AGENCY COMMENTS DUE
30 business days from date of notice
10 business days from date of notice
30 business days from date of notice
30 business days from the date of the "Request for
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
e. WATER will provide responses for Pre-Applications, Proposed Land
Divisions and Planned Developments and those Land Use Reviews which have
availability of utilities included in the approval criteria , as specified
in Title 33. WATER will provide responses to other Land Use Reviews when
f. All notes or reports will be entered in or attached to TRACS.
g. 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
Written response to applicant’s proposal
10 business days from the date of the
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
V. Conflict Resolution:
A. To assist in resolution of conflicts, WATER 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. WATER 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
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 WATER 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 WATER through the DSC. Cost
of fee collection shall be negotiated and reimbursed by WATER.
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
VII. Staff Development and Customer Education:
A. WATER, PDOT & BES 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. WATER staff will participate in the development of customer education
materials and the "Lunch and Learn" program and other educational outreach as
C. WATER will have regulations, policies, rules, DSC info., manuals etc. on
their Web site with links to and from the BDS Web site.
VIII. Work Space and Equipment:
A. BDS shall provide one workstation in the 1900 Building for WATER 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. In-lieu-of WATER staff continuous presence at the 1900 Building, BDS
will supply a cellular telephone to the WATER Permit Office. This cellular
telephone will be used by BDS and WATER staff (not applicants) to coordinate
development questions and issues between WATER staff and BDS customers. This
phone number is not to be distributed to the general public.
C. WATER will be responsible for the purchase of personal computers and
related software. WATER will provide and maintain the software and/or
networking necessary for their staff to perform their functions. BDS will
install TRACS on all PCs.
D. WATER 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 WATER.
E. WATER will be allowed access to parking validation and parking spaces
according to WATER policy and practices.
F. WATER 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.
Filed by Bureau of Development Services for inclusion in PPD September 29,
Document dated December 10, 2002.