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HomeMy WebLinkAboutAttachment 2 Opportunities to improve the Community Development Department as it relates to the Building Department_v4Opportunities to improve the Community Development Department as it relates to the Building Department Related to the January 24, 2024 City Council Special Meeting Submitted July 10, 2024 Todd Morley, City Manager During the January 24, 2024 Special City Council Meeting, City Council reached consensus on a number of tasks. One of which was to present any findings and/or opportunities to be distributed to the City Council on ways the city can improve our Community Development Department Specifically, Building Department concerns related to the development project located at 304, 306, 314 and 316 Fillmore Avenue. Resulting from the Meeting, a review was undertaken to understand what Building Department actions may have contributed to the concerns. The review involved interviews by the City Manager with former Building Official Mike German and Department Director, David Dickey. A Report of Findings was produced which was presented at the May 7, 2024 Special City Council Meeting. The Report of Findings helped to frame “what happened” in an unbiased, objective manner. The report did not include recommendations. The recommendations are included in this document and are built upon the findings of the previous effort, which are referenced herein. Also included are additional observations and analysis which support the recommendations. This document is presented in two sections: 1. Clarification and summarization of each finding, with associated determinations of root causes. 2. Recommended actions. Section 1. Clarification and summarization of each finding, with associated determinations of root causes. Items reported in May 7, 2024 Report of Findings Root cause(s) Finding #1: City Code Sec 110-223(b)(2) requires site plans be submitted to the City Engineer, Building and Code Enforcement Department, Fire Marshal and Public Works Services Department. The site plan transmittal from staff did not include the Building and Code Enforcement Department. However, an August 26, 2020, a memo was emailed by the City Engineer to C&ED Director and the Building Official which included the City Engineer’s comments on the site plan submittal. This would indicate that the Building Official was aware that a site plan was being reviewed for the project. Additionally, on September 22, 2020 the Public Works Director sent an email to the EOR, the B.O. and others, indicating he had completed his review of the project (site plan). The B.O. did not review the site plan prior to it being approved. However, he would have likely known there was an engineered site plan because the City Engineer and the PWS Director had included the B.O. on their emailed comments. Finding #2: Between August 17, 2022 and October 6, 2022, the Certificates of Occupancy (C.O.s) were issued without any signed statement from the EOR and the City Engineer, as noted in the C.O. application checklist. o The B.O. stated he was unaware of City Code Section 110-221, which required an engineered site plan for four or more residential units and therefore, an Engineer of Record (EOR). He later clarified that he interpreted this code section to apply only where four or more attached residential units are proposed, and he viewed this development as four townhomes, which are SFRs under the FBC. o The B.O. was unaware that the noted section of the C.O. application was intended to be used to reinforce City Code Section 110-221 (applied to residential). The B.O. issued the C.O.s without any signed statement from the EOR and the City Engineer, as noted in the C.O. application checklist. The B.O. stated was not aware that the section of the C.O. application was intended to assist with compliance with City Code Section 110-221. Opportunities to improve the Community Development Department as it relates to Code Enforcement 2 Finding #3: On October 5, 2022, the former City Engineer conducted a site inspection at 306 Fillmore Ave. at the request of the pending owner, and provided a memo to B.O. and C&ED staff indicating that the detention system had not been constructed properly. The B.O. claimed to have not read the City Engineer’s email until October 7, 2022, and the C.O.s were issued on October 6, 2022 without the B.O.’s awareness of the issue. This underscores the need for the B.O. to understand the requirement for an EOR and the associated requirement for all site work to be completed for the entire site prior to issuing any of the C.O.s. The B.O. held a different interpretation of the code section. By the time the B.O. acknowledged having read the email, all four of the C.O.s had been issued. Finding #4. Even though the C.O. checklist includes areas for documenting approvals related to the site, the B.O. indicated that he accepted verbal approvals from the City Engineer and PWS Director in two separate instances regarding site compliance related to the stormwater system. Verbal approvals of major site inspections do not provide adequate documentation and reliability. Poor recordkeeping. Section 2. Recommended actions. Retain the services of an experienced Building Official, charged with enforcing applicable codes. Create a Standard Operating Procedure (SOP) manual to establish additional important operational procedures and guidelines to improve the department’s performance. The SOPs will address issues such as: • Proper and complete routing for all site plan reviews, to include a checklist for ensuring that: o all appropriate site plan reviewers have been provided with appropriate review documents, and o all appropriate site plan reviewers have submitted appropriate review comments or approval documentation o all site plan reviewer approval documents are to be included as an attachment in the P&Z Board agenda packet. • Proper usage of Certificate of Occupancy applications to ensure all code requirements are met prior to issuing C.O.s • Proper documentation of plan revisions and documented decisions. • Proper documentation of all inspection results. • Internal coordination between B.O., inspectors, plans examiners, city engineer, planning department, fire marshal and other officials and agencies involved in site plan completion, subdivision completion and final approvals.