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HomeMy WebLinkAboutSOBC Request Form - Stormwater Code Enforcement Inspector.DOCSIGNIFICANT OPERATING BUDGET CHANGE DEPARTMENT NAME: Community Development COST CENTER- PROGRAM: 4006 Building & Safety TITLE (Short Name): Contract to FTE: Stormwater Code Enforcement Inspector Page 1 of 5 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? Contract Employee to Full-Time Employee: Stormwater Code Enforcement Officer The temporary contract position of Stormwater Code Enforcement Officer was created in 2021 in response to deficiencies noted in the City’s Stormwater inspection program related to active construction sites that resulted in a Notice of Violation from the Regional Water Quality Control Board (“Regional Board”). The position is currently responsible for ensuring private construction projects comply with Federal, State, and Region-specific stormwater regulations. While the contract for this position was set to expire in June of 2023, it was extended through this fiscal year with the anticipation of creating a new FTE after the fee study. However, no new funding was provided to the Building and Safety Division for the 2023-25 financial plan for this position. SERVICE LEVEL IMPACT This position ensures continuity in the implementation of the City’s Stormwater Inspections for active and post- construction sites. Currently, this is a contract position for which the Building and Safety Division was not provided funding nor a vehicle to support. Previously, the funding for this position was provided in advance with the development designation fund. The lack of funding for this position is creating a service impact on the Building and Safety Divisions operational budget as it is currently being paid for by utilizing contract funds, which are needed for inspection and plan check services. This position was also created without an assigned vehicle. The contract employee has been utilizing a pool vehicle on a fulltime basis for the past 3 years. This has impacted the availability of the pool car for those who require it for work purposes and can result in office staff needing to postpone meetings or utilize their personal vehicles when needing to make site visits or attend offsite meetings. BACKGROUND & SUPPORTING EVIDENCE Existing Situation: Factors Driving the Need for Change If there is significant background or important historical information related to this request, include it here. Additionally, consider the following: • How will the requested resources and capabilities fit into the existing services and programs of your department? • What support or opposition will there be for this request? • How is this proposal consistent with the department’s strategic plan and community wide objectives and Major City Goals? • Is there other information that might be relevant to this request or provide context to your request? Provide a sense of scale – what is the current budget (if any) and the % increase this request represents The Stormwater Code Enforcement Officer is critical in ensuring compliance with all state and federal stormwater regulations related to MS4 permitting. Sustained non-compliance with these regulations may result in civil liability of $10,000-$25,000 per day for each violation. This position is currently in place on a temporary contract basis under the direction of the Code Enforcement Supervisor and Chief Building Official. The position is responsible for ensuring private construction projects comply with State and Federal stormwater regulations related to the City’s MS4 permit. The Stormwater Code Enforcement Officer performs regular inspections of all applicable construction sites to verify that projects utilize best management practices and comply with Water Pollution Control Plans or Storm Water Pollution Prevention Plans. The position is also responsible for inspecting the installation and maintenance of privately owned Stormwater Management Systems related to Post Construction Requirements for stormwater collection. SIGNIFICANT OPERATING BUDGET CHANGE DEPARTMENT NAME: Community Development COST CENTER- PROGRAM: 4006 Building & Safety TITLE (Short Name): Contract to FTE: Stormwater Code Enforcement Inspector Page 2 of 5 This position worked under the Supervising Building Inspector until July of 2023. However, the position has been working under the Code Enforcement Supervisor during the last fiscal year. During this time, the Building and Safety Division developed enforcement approaches to gain compliance in the form of in-field NOV’s and citations. This work effort required CDD staff to work with IT to make new configuration to the Energov and GoGov environments and is a critical component to collecting and producing data necessary to demonstrate to the Regional Water Board that the City is proactively enforcing stormwater requirements. Additionally, the City has no history of documenting and reporting on annual self-certification inspections for post construction requirements. This was identified as another deficiency in a more recent NOV from the Regional Water Board. Over the last year, the Building and Safety Division has further developed Energov to accept applications online to ensure that the city is documenting and able to report on this data. These new efforts are projected to generate around $15,000 in new revenues each year. The Building and Safety Division, Utilities Department, and IT have invested a significant amount of staff time and resources to develop this program to be effective over the last year in anticipation of this work continuing indefinitely. 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? The intended result of implementing this SOBC is to continue to ensure compliance with State and Federal Stormwater regulations related to the MS4 permit and not receive a Notice of Violation (and associated fines) for being out of compliance. This is a key position in the City’s effort to enforce the stormwater programs requirements. The city collects fees to recover the costs of the work assigned to this position through the building permit process. To date for this fiscal year, the city has collected over $160,000 for these services. The City could realize cost savings by making this position permanent by avoiding fines related to notices of violation for not complying with the requirements under the MS4 permit. In addition, this position is essential to ensuring compliance with stormwater regulations, which is both required, as well as the right thing to do from an environmental and sustainability perspective. Major City Goal or Other Important Objective Addressed Staff is trying to avoid further Notice of Violations’ from the Regional Water Board in a time when we are experiencing unprecedented levels of construction throughout the city. SIGNIFICANT OPERATING BUDGET CHANGE DEPARTMENT NAME: Community Development COST CENTER- PROGRAM: 4006 Building & Safety TITLE (Short Name): Contract to FTE: Stormwater Code Enforcement Inspector Page 3 of 5 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. Do not extend the contract for this position: Without this position CDD will not be able to fulfill their responsibilities of the Stormwater Enforcement Response Plan (Attachment B). The City is currently collecting a fee for the services that this position provides. Without this position, the responsibilities will be delegated to Building Inspectors and the Engineering Development Review Division . These two teams are currently under-resourced and unable to take on this extra workload. Extend the contract and continue to attempt to fund the position through contract funds: This is not recommended as this is not the original intent of the contract funds, and this money may be needed to review projects. 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. The Building and Safety Division’s Code Enforcement Team has worked with the Stormwater Program Manager in the Utilities Department to complete an MOU which outlines the responsibility of this position to enforce stormwater requirements on active construction sites. CDD will not be able to meet their obligations without this position. IMPLEMENTATION Program Manager: Michael Loew Project Team: Community Development – Building & Safety – Code Enforcement Development Community Human Resources Public Utilities This is position is involved in regular ongoing work and there are no timelines to consider. All program structures have been developed with anticipation of full implementation during the 2024-25 fiscal year. Timeline: Date (MM/DD/YY) Task 7/1/24 Implement Annual Self Certification of Post Construction Requirements 07/01/24 Contract to FTE 4006 – Stormwater Inspector 7/1/24 Execute Stormwater Enforcement Response Plan ATTACHMENT: A CMR - Hiring Chill Request for CET and Reorganization.docx B Enforcement Response Plan (ERP) 2023.docx SIGNIFICANT OPERATING BUDGET CHANGE DEPARTMENT NAME: Community Development COST CENTER- PROGRAM: 4006 Building & Safety TITLE (Short Name): Contract to FTE: Stormwater Code Enforcement Inspector Page 4 of 5 FINANCIAL AND POSITION ALLOCATION DETAIL This is a fee-supported position based on the City's Budget Policy for Development Services. It is an ongoing need that will be offset by revenue from Development Services. The position is converting from contract to regular employee as it supports all stormwater operations. In FY23, the stormwater surcharge covered $260,000 in cost recovery and $162,000 through Q3 of FY24. The fully burdened cost of this position is $122,321. The Building and Safety Division’s operating budget is currently being used to fund this position. ONE-TIME: $51,950.00 ONGOING: $123,221.00 TOTAL SOBC REQUEST: $175,171.00 STORMWATER CODE ENFORCEMENT OFFICER (44504) CEA-C GRADE 419 Fully Burdened FY25 Annual Cost $122,321 Pay Type Amount Base Wage $95,706 Health Flex Allowance $15,508 Retirement $9,695 Medicare $1,388 PERS Survivor Fee $24 STAFFING DETAIL Fund Cost Ctr FTEs Classification Expense* Revenue** Net Cost (Expense-Revenue) One-Time/ Ongoing 101 4006 1 Stormwater Code Enforcement Officer $122,321 $15,0001 $107,321 On-going TOTAL $122,321 1 The Building and Safety Division is currently collecting enough fees to cover the cost of the service provided by this position; however, making this position an FTE will only result in new revenues through the annual self-inspection review program. SIGNIFICANT OPERATING BUDGET CHANGE DEPARTMENT NAME: Community Development COST CENTER- PROGRAM: 4006 Building & Safety TITLE (Short Name): Contract to FTE: Stormwater Code Enforcement Inspector Page 5 of 5 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 Fleet $49,000.00 One Time Vehicle 101 4006 Fleet $1,000 One Time Vehicle Wrap 101 4006 61005 $750.00 One Time Cell Phone 101 1101 I.T. $600.00 Ongoing Cell Phone Contract Annual 101 4006 62059 $300.00 One Time Monitor 101 4006 61005 $300.00 Ongoing Bluebeam 101 4006 61005 $1,110 One Time Laserfiche license TOTAL $51,950.00 * 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: Commented [EK1]: @Kacsinta, Madeline Commented [EK2R1]: Added the wrap expense. Commented [TT3]: @Keller, Erin I amended based on Rebeccas costs above, please double check Commented [TT4R3]: I also edited the excel spreadsheet to match