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HomeMy WebLinkAboutSOBC Request Form - Deputy Building Official.DOCSIGNIFICANT OPERATING BUDGET CHANGE DEPARTMENT NAME: Community Development COST CENTER- PROGRAM: 4006 Building & Safety TITLE (Short Name): Building and Safety Essential Positions Page 1 of 8 SUMMARY OF CHANGE Provide an explanation of the problem or need that the SOBC will address. Describe the resources being requested and how they would solve the problem or satisfy the need you’ve described. Identify the funding sources for this request and indicate if you have submitted this SOBC in prior years. If so, when? New Position: Deputy Building Official The reinstatement of the Deputy Building Official position is necessary in order to address the increase demands that are being placed on the Chief Building Official and Building and Safety Division related to several factors. These include the unprecedented levels of construction in the community, the demand for improved programs (especially safe housing and enforcement related to the stormwater program) through the Code Enforcement Division, additional policy work to meet climate action goals, and a new personnel demand caused by the potential restructuring of the of the Building and Safety Division to include the Engineering Development Review team. The Building Official is in need of a Deputy to share higher level administrative and management tasks in order that the division can continue to meet the needs of the community and the growing expectations of the programs in Building and Safety. SERVICE LEVEL IMPACT The Chief Building Official is not able to meet the expectations of the community and the city organization without additional administrative support. Currently, all Building and Safety Division employees are assigned to day-to-day operations. The Building and Safety Division is already under-resourced and short FTEs to complete the current workload demand the Division is experiencing, which requires the Building Official to perform inspections, plan reviews, and work code cases. The Chief Building Official is unable to keep up with the ongoing expectations to be involved in policy development, handle personnel matters, facilitate professional development for the Division, facilitate Construction Board of Appeals meetings, hold public hearings before City Council for Public Nuisance, implement missing services such as the enforcement of expired permits, and implement new services and programs such as the safe housing education program, stormwater enforcement program, and reach codes. BACKGROUND & SUPPORTING EVIDENCE The city hired a Deputy Building Official in March of 2022 to provide additional support to the Chief Building Official. At the time, the role of Chief Building Official was a half-time position that was being filled by the Fire Marshal. In June of 2023, the city eliminated the Deputy Building Official position after promoting the individual into a fulltime Chief Building Official/Deputy Director of Community Development. This resulted in consolidating the responsibilities of 1.5 FTEs into a single position. The Building and Safety Division was reduced to 15 fulltime employees from 15.5 for the 23-25 financial plan. In order to accommodate the demand that the City is currently experiencing due to the unprecedented levels of construction, the division is also employing a fulltime contract Stormwater Code Enforcement Officer, a developer funded consultant inspector, and two part-time retired annuitants. Even with this support, staffing levels are currently inadequate to provide all essential services to the community. This has resulted in requiring the Chief Building Official to undertake technical work of day-to-day operations. Additionally, the only administrative support that Chief Building Official currently has comes from the supervisors for each team in the form of conducting performance evaluations for their subordinates. Otherwise, the Code SIGNIFICANT OPERATING BUDGET CHANGE DEPARTMENT NAME: Community Development COST CENTER- PROGRAM: 4006 Building & Safety TITLE (Short Name): Building and Safety Essential Positions Page 2 of 8 Enforcement Supervisor, Supervising Building Inspector, and Permit Counter Supervisor all carry regular caseloads that stem from core services. The lack of administrative support and demand for the Chief Building Official to conduct inspections, plan reviews, and carry a code enforcement case load makes it impractical to execute administrative duties and provide technical oversight of core services. This additional administrative support is necessary due to the current levels of construction, and increased focus on providing code enforcement services to the community. In addition to assisting with ongoing policy work, the Deputy Building Official position will be utilized to oversee the code enforcement team which includes two substantial work programs still in development and in need of being implemented: Safe Housing and Stormwater Code Enforcement. Stormwater The enforcement of regulations related to private construction sites relied on the existing building inspectors prior to fiscal year 21-22. Inspection of construction sites were limited to the visits that were conducted as part of the regular duties of the inspectors and, as a result, did not provide a consistent enforcement methodology. The lack of a formalized process did not allow for sufficient documentation and ultimately resulted in the issuance of a Notice of Violation from the Regional Water Quality Control Board in October of 2020. In an effort to respond to the deficiencies noted in the NOV, the responsibilities for each department regarding the stormwater program were assessed and redrafted in May of 2021. The Community Development Department’s expected responsibilities as drafted per the 2021 Stormwater Program Department Agreement were significantly expanded. The required work effort for the expanded list of responsibilities did not allow for an adequate level of service from the existing building inspectors, as they were not able to meet the expected timeframe for requested inspections. To help mitigate the effects of the new responsibilities, a contract position for a Stormwater Code Enforcement Officer(SCEO) was created in 2021 and staffed in January of 2022. This position was added to the Building and Safety Division at the beginning of the 21-23 financial plan and was originally placed on the Building Inspection team to supplement storm water related issues. The creation of this position was in response to the NOV, but the position was created and filled prior to developing the strategies necessary for effective enforcement. The SCEO primarily focuses on ensuring Best Management Practices (BMP) at active construction sites but also addresses spills or other discharges created as a result of construction. The position was recently moved over to the Code Enforcement Division in order to utilize the resources available for enforcement that are already in place. The position has also become heavily involved in the requirements for maintenance of private post construction stormwater devices. Additionally, the position is expected to respond to public complaints related to private drainage issues. Safe Housing Following the repeal of the Rental Housing Inspection Program (RHIP) in 2017, staff was directed to evaluate opportunities to promote safe housing in the community without the use of mandatory inspections. City staff conducted a series of individual community interviews to gather feedback and input on code enforcement priorities and the focus of the program post-RHIP. In general, the responses were supportive of the staff’s recommendation to develop a program that focuses on safe housing and prioritize code enforcement activities and responses related to unsafe occupancies. SIGNIFICANT OPERATING BUDGET CHANGE DEPARTMENT NAME: Community Development COST CENTER- PROGRAM: 4006 Building & Safety TITLE (Short Name): Building and Safety Essential Positions Page 3 of 8 Staff appeared before Council in October of 2023 to present an update on all Code Enforcement efforts and received the following direction: • Develop approaches to reach tenants with information regarding their rights • Shift staff’s focus from primarily working with landlords to working with students, tenants, and tenants’ rights groups • Continue working with Cal Poly and expand the program to include building relationships with student services groups at Cuesta College Recent state legislation has focused efforts related to rental housing on expanding the requirements in which jurisdictions respond to and enforce substandard housing violations. California Assembly Bill 838 was approved by state legislators in 2021 and added section 17970.5 to the CA Health & Safety Code which mandates cities and counties to respond to, inspect, document and follow up with the appropriate enforcement actions regardless of tenant/landlord legal disputes, relationships or previous communications. This new requirement creates a new level of mediation on the responding officer that may have been better resolved as a civil matter between landlord and tenant. Additionally, Assembly Bill 548 was approved in 2023 and has added Health & Safety Code section 17970.7 which requires that local enforcement agencies develop policies and procedures for inspecting a building with multiple units if an inspector or code enforcement officer has determined that a unit is substandard. These procedures must require the inspection of at least units adjacent to, above, and below the unit in which the defect or violation was found and allow for the inspection of all of the units on the premises if severe, building-wide defects or violations are found. With the addition of requirements to expand inspections of buildings with multiple units, the CET II has been tasked with large scale investigation efforts from a single public request. While this requirement prepares an avenue to provide education to tenants and landlords, it has also significantly increased the workload for a single staff member. For example, a recent complaint regarding potential improper occupancy and egress concerns has expanded into an investigation including thirty-six (36) individual condominiums, each with separate property owners and multiple different management companies. Our CET II has worked for weeks to coordinate inspections of as many units as possible and has verified existing violations at approximately nine (9) units thus far. Further administrative assistance is needed within the building and safety division to continuing development, refinement, and to ensure effective implementation of these programs. Creation of the Deputy Building Official position will allow the Chief Building Official to dedicate more time to the inspection and permitting program which is currently under-resourced. Key Objectives What are the intended results or objectives of this SOBC? Describe the measurable results that will be achieved through the implementation of the request. State the results in terms of efficiency, quality of service, or outcome KPIs. Requests that do not include meaningful and measurable results run a higher risk of not being recommended for approval. Additionally, consider the following: • Are program/proposal objectives set forth in quantifiable terms? • How will services improve and what measures will you use to track and identify the improvement? • What improvements in cost effectiveness or future cost savings result from the proposal? How does the proposal improve customer service and how will this be measured? SIGNIFICANT OPERATING BUDGET CHANGE DEPARTMENT NAME: Community Development COST CENTER- PROGRAM: 4006 Building & Safety TITLE (Short Name): Building and Safety Essential Positions Page 4 of 8 The Administrative responsibilities assigned to the Chief Building Official have significantly expanded over the last decade. This is because of the community’s desire for a greater emphasis on Code Enforcement Services, unprecedented levels of construction, and new demands for enforcement for stormwater, solid waste programs, and energy efficiency policies. Furthermore, the division is growing and expanding adding additional personnel duties. Currently there are 15 FTE’s, 1 contract employee, 1 fulltime consultant, 2 retired annuitants, for a total of 19 employees within the Building and Safety Division. This does not include the Engineering Development Review team that will be joining the division, at least temporarily, but potentially permanently, which includes an additional 10 employees for a total of 29. Adding this position will allow the Chief Building Official to focus on improving efficiencies and providing technical oversight for building inspections, permitting, and engineering while the new Deputy Building Official will be primarily assigned to developing and implementing the code enforcement programs mentioned above and assisting with personnel and ongoing policy work. The Organizational Chart of the division with this new position will include 30 employees. This position will also allow the Code Enforcement Supervisor to take a more active role in assisting with code enforcement cases. SIGNIFICANT OPERATING BUDGET CHANGE DEPARTMENT NAME: Community Development COST CENTER- PROGRAM: 4006 Building & Safety TITLE (Short Name): Building and Safety Essential Positions Page 5 of 8 Major City Goal or Other Important Objective Addressed The Deputy Building Official would assist in overseeing the work of the Building and Safety Division, which does crucial work related to basic operations in the City related to safety of buildings, compliance with regulations, safe housing, and property maintenance. In addition, this position would allow the Building Official to have additional capacity to assist partner divisions with important work such as Sustainability (green building code work). Some specific objectives that this would address include: Public Safety California Building Codes and zoning regulations. California Tenant Rights and Responsibility Outreach / Education Property Maintenance Standards MC § 17.76 Common Code Enforcement & Neighborhood Services Violations • Building and Zoning Regulations • Construction Noise • Fence Heights • High Occupancy Regulations • Home Occupation Violations • Paving Front Yards • Sign Ordinance Violations • Sub-Standard Housing • Work Without Permit • Broken Fences • Dead or Overgrown Vegetation • Excessive Debris or Building Materials • Graffiti • Visible Storage • Waste Containers • Parking on a lawn /yard Alternatives Considered Include an analysis of other feasible alternative solutions to the problem addressed by your request. Explain why your request represents the best solution to the problem. Describe why current resources are insufficient to address the issue or what tradeoffs would be required. Also, indicate what would happen if your request is denied. SIGNIFICANT OPERATING BUDGET CHANGE DEPARTMENT NAME: Community Development COST CENTER- PROGRAM: 4006 Building & Safety TITLE (Short Name): Building and Safety Essential Positions Page 6 of 8 The Building and Safety Division has promoted the Code Enforcement Supervisor into the role of Acting Deputy Building Official. An alternative would be to maintain this temporary structure for the remainder of the financial plan. This is not recommended because the level of service provided to the community by Code Enforcement will decrease, and it will be counter intuitive to the objectives of developing and implementing the Stormwater and Safe Housing programs. Recent data shows that code enforcement requests have increased significantly since the implementation of the AskSLO app in October 2022: The Building and Safety Division has been historically under resourced and unable to retain staff over the last decade due to burn out. Not creating this position will result in fewer code enforcement officers being assigned to this work and result in the division continuing to fail to meet its Council Established KPI of an 85% on time response rate for investigation requests which continues to decline. The division is currently on time only 53% of the time, and during the month of March 2024, the division received 119 requests for inspections, which is the highest number of requests on record for any single month. Additionally, the following will be unrealistic for the Chief Building Official to accomplish without this position and new timelines may have to be established: • The 2025 California Building Code will be published next calendar year, and the Division will need to undergo the process to adopt the new codes and amendments, which is a significant process that occurs every 3 years. The Deputy Building Official position led this work effort during 2022 adoption process with support from the Chief Building Official. • The development and implementation of the Safe Housing Outreach and Education program. • The development and implementation of the Stormwater Code Enforcement Program. • Implementation of the new Reach Code with an anticipated first reading before City Council on 5/21/2024. • The development and implementation of eReview/online applications for the Planning Division and Engineering Development Division. • Upgrades to the Energov environment to accommodate the new fee study rates. STAKEHOLDERS If implementation of the requested SOBC involves or impacts stakeholders outside of your department (staff from other departments or external partners), identify their role(s) and advanced coordination that has occurred to ensure participation. SIGNIFICANT OPERATING BUDGET CHANGE DEPARTMENT NAME: Community Development COST CENTER- PROGRAM: 4006 Building & Safety TITLE (Short Name): Building and Safety Essential Positions Page 7 of 8 This new position will primarily affect the day-to-day operations of the Code Enforcement Division, but also affect all Departments that interface with the Building and Safety Division. This includes coordination with the Fire Department on the readoption of the building code and joint efforts in code/prevention enforcement. It also includes stakeholders in Public Works and Utilities as we must coordinate on enforcement strategies regarding previously adopted MOU’s. However, the primary benefactor of this new position will be the Chief Building Official who is currently unable to provide the adequate level of oversight needed for plan review and building inspection services, and the Engineering Development Review Division. IMPLEMENTATION Program Manager: Michael Loew Project Team: Community Development Building & Safety Community Development Engineering Timeline Provide the expected timeline for implementing the request, including major milestones along the way. When will the resources be in place and operational? How long will it take before measurable results will be achieved? As previously stated, if the request is time limited, identify when the resources would no longer be needed. Note that new staffing added for time limited projects should be requested as contract or supplemental. Date (MM/DD/YY) Task 07/01/2025 Hire a Deputy Building Official to help with day-to-day operations. FINANCIAL AND POSITION ALLOCATION DETAIL ONE-TIME: $4,860.00 ONGOING: $171,218.00 TOTAL SOBC REQUEST $176,078.00 DEPUTY BUILDING OFFICIAL MME GRADE 340 (26305) Fully Burdened FY25 Annual MID Cost $170,318 Pay Type Amount Base Wage* $138,190 Health Flex Allowance* $15,508 Retirement $10,149 Medicare $2,064 AD&D Insurance - Class 2 $50 Life Insurance - Class 2 $212 MME COLA Jul 2024 $4,146 Bilingual Pay* Reclass 5% *Manually input Base Wage, Health Flex, and Bilingual Pay (if necessary) SIGNIFICANT OPERATING BUDGET CHANGE DEPARTMENT NAME: Community Development COST CENTER- PROGRAM: 4006 Building & Safety TITLE (Short Name): Building and Safety Essential Positions Page 8 of 8 STAFFING DETAIL Fund Cost Ctr FTEs Classification Expense* Revenue** Net Cost (Expense- Revenue) One-Time/ Ongoing 101 4006 1 Deputy Building Official $170,318 Partial -Cost Recoverable Position1 Ongoing TOTAL $170,318 NON-STAFFING DETAIL Fund Cost Ctr Account Current Budget Requested SOBC Expense Revenue Expense* Revenue** Net Cost (Expense- Revenue) One-Time/ Ongoing Description 101 4006 61005 $750.00 One Time Cell Phone 101 1101 I.T. $600.00 Ongoing Cell Phone Contract 101 4006 62509 $3,000.00 One Time Laptop 101 4006 61005 $300.00 Ongoing Bluebeam 101 4006 61005 $1,110.00 One-Time LaserFiche license TOTAL $5,760.00 * Expense should include all costs associated with the requested SOBC. For example, if the request is to add a position that will need specialized tools or require purchase of an additional vehicle, those costs should be included as part of the SOBC. ** If the department has identified a funding source (grant funding, increased fee revenue, etc.) to offset the cost of the request, please describe and explain the identified funding source(s). How certain and stable is the proposed funding source for this request? What is it driven by or contingent on? If this reques t will be an on-going program or activity, what does the department expect future year funding streams to look like? Please describe below: 1 Commented [KE1]: @Cox, Rebecca Hi Rebecca, are my estimates correct? For Cell phone and cell phone contract? for a new laptop... am I missing anything for a new employee? Thanks for your help. Commented [CR2R1]: The cell phone hardware could be dropped to around $250, the other estimates look good. Other considerations would be any special licensing needed (BlueBeam, Laserfiche, Microsoft Project or PowerBI) Commented [KE3R1]: @Cox, Rebecca Thank you! Commented [ML4R1]: @Keller, Erin Yes, this position will need Laserfiche and Bluebeam