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Development Oversight Commission
Meeting Minutes for October 6, 2008

Commission Members

Dennis Guerra Brian F. Holloway John M. Packowski, Associate AIA
Holger Fuerst, Vice Chair Scott Schriefer John Nunan
Darryl Chinn, AIA Roger Valine , Chair Kristina McBurney


City Staff
William Thomas, Director, Development Services
Sabina Gilbert, Deputy City Attorney
Janis Franklin, Program Specialist


New City Hall, 1st Floor - Council Chambers
October 6. 2008– 5:30 P.M.

The Development Oversight Commission (DOC) is a commission of the City Council with review and recommendation authority. Its purpose is to provide a forum for the public to introduce and discuss suggestions, comments, and concerns regarding the City's Development Services function. The DOC will host public meetings to hear public comments before providing its recommendations to City Council.

Notice to the Public

You are welcomed and encouraged to participate in this meeting.  Public comment is taken (3 minutes maximum) on items listed on the agenda when they are called.  Public comment on items not listed on the agenda will be heard at the end of the meeting as noted on the agenda. Comments on controversial items may be limited and large groups are encouraged to select 3-5 speakers to represent the opinion of the group.

Notice to Lobbyists: When addressing the Commission you must identify yourself as a lobbyist and announce the client/business/organization you are representing (City Code 2.15.160).

Speaker slips are located in the lobby of the hearing room and should be completed and submitted to the Commission Secretary.

Government Code 54950 (The Brown Act) requires that a brief description of each item to be transacted or discussed be posted at least 72 hours prior to a regular meeting.  The City posts Agendas at City Hall as well as offsite meeting locations.

The order of agenda items is for reference; agenda items may be taken in any order deemed appropriate by the Commission.  The agenda provides a general description and staff recommendations; however, the Commission may take action other than what is recommended.  The agenda is available for public review on the Wednesday prior to the meeting.  Hard copies of the agenda, synopsis, and staff reports are available from the Development Services Department at 300 Richards Boulevard, 3rd Floor (.25 cents per page) , during regular business hours or can be downloaded at www.cityofsacramento.org/dsd.

Meeting facilities are accessible to persons with disabilities.  If you require special assistance to participate in the meeting, notify the Development Services Department at (916) 808-5908 at least 48 hours prior to the meeting.

Minutes

All items listed are heard and acted upon by the Development Oversight Commission unless otherwise noted.

Call to Order – 5:30 p.m.

Roll Call - All present except Commissioner Packowski.

Consent Calendar

All items listed under the Consent Calendar are considered and acted upon by one motion.  Anyone may request that an item be removed for separate consideration.

  1. Approval of Minutes for August 4, 2008
    Location: Citywide
    Recommendation: Approve Commission Minutes for August 4, 2008.
    Contact: Janis Franklin, Program Specialist, (916) 808-7705
    Action:  Moved, seconded, and carried (Fuerst/ Nunan: 8:0:0) to approve minutes.

Staff Reports

Staff reports include oral presentations including those recommending receive and file.

  1. Director Update - Activities of the Development Services Department (Oral)
    Location:
          Citywide
    Recommendation:   Receive and Comment on Economic Stimulus Program, Fee Streamlining, and DSD Business Plan.
    Contact:   William Thomas, Director of Development, (916) 808-1918
    ActionWilliam Thomas presented an update regarding the fee streamlining program.  He introduced Ryan Pham, Administrative Division Manager, who described the fee methodology that included a base fee and a menu. Ryan introduced Wendy Klock-Johnson who described the streamlining program at a high level, described the transparency and accessibility goals of the program, and walked through a fee web scenarios, where the customer could calculate a fee estimate after answering questions regarding location and product type.  She also indicated that for customers who do not know their product type, qualifying questions would be available.  The scenario would list the necessary entitlements for the project, in addition to a fee estimate or a fee range based on the customer’s answers to questions, with an option to print the estimate that they could bring to the counter as a part of their processing.  Commissioner McBurney commented that developers would be ecstatic about this streamlining and estimation tool.  William Thomas reviewed the department business plan, adding details about proactive budget reduction strategies.   He introduced Ryan Pham who recognized John Squires, the staff member who worked on the business plan.  Ryan reviewed details regarding the current revenue projection vs. budgeted target.  He added details regarding the organization of the business plan, including strategic goals for each of the core services.   Commissioner Guerra recommended reducing and prioritizing the strategic goals.  William Thomas responded that the organization of the strategic plan was a collaborative effort, and that the plan was prioritized by core service.   He added that the list of strategic initiatives was over and above the regular work of the department and identified staff that accomplished the initiative as distinguished performers.  He also introduced John Dangberg, ACM, who has assumed the responsibility of overseeing Development Services during a recent realignment in the City Manager’s office.

    Attachment:

    Fee Streamlining Powerpoint

  1. TICKET Program
    Location:  Citywide
    Recommendation: Receive and File- TICKET Program to expedite Commercial Tenant Improvement/Remodel permits.
    Contact:  William Thomas, Director of Development, (916) 808-1918
    Action:  William Thomas introduced Bob Chase and Carl Hefner to present details regarding the TICKET program.  Carl introduced Jeff Brooks, Steve Gorman, and Dave Phillips, who developed the program.  Steve Gorman presented a PowerPoint with details regarding the program, including the target audience of contractors who do commercial tenant improvement and remodel projects in the City, with a goal minimizing turnaround time and staff time.  He stated that the pilot program was underway, which targeted “frequent flier” tenant improvement and remodel customers who were familiar with the City process.  Steve reviewed the logistics and requirements of the pilot program, and indicated that success would be measured in a variety of methods, including surveys of customers and staff, generation of reports for cost accounting , best practice analysis, and volume.  He indicated that, due to streamlining, this program would reduce workload and plan processing time.  Commissioner Fuerst asked about the current baseline of time required for plan review.  Commissioner Holloway stated that this proposed program was beyond what the DOC had originally thought possible, and commended staff.  Commissioner Guerra asked about liability transfer, in addition to how staff was planning to contact potential pilot program participants.  Commissioner Chinn commented on the role of the plan checker in reviewing the plans, and added that the program sounded similar to the existing facility permit program (FPP).  Steve Gorman indicted that the FPP focused on registered building owners and was flat fee based.   Commissioner McBurney asked about qualifying details regarding what constituted a repeat customer.  Commissioner Nunan commented that the pilot program should include inexperienced in addition to experienced applicants.  He asked additional questions regarding inspection and on site plan review timing.  Commissioner Schriefer commented regarding program procedures, and asked that pilot program results and procedures be documented and reviewed by the DOC before proceeding with the full program.  William Thomas pointed out that this program was initiated by line level staff and that the program was a pilot and could be changed based on results.  He commended staff and managers for developing the pilot program.  Commissioner Valine suggested that staff explore marketing opportunities for the program.

    Attachment:
    Handout
    TICKET Powerpoint

  2. Permit Menu
    Location:  Citywide
    Recommendation: Receive and File- Phased Permit Submittal Process (PPSP) for complex projects.
    Contact:  William Thomas, Director of Development, (916) 808-1918
    Action:  William Thomas introduced Bob Chase who described the phased permit submittal process, based on a menu concept.  He stated that the menu or phased approach would be valuable for customers to tailor their project, and how they wanted to proceed with their individual projects.  Commissioner McBurney commented that the permit menu increased predictability and commended staff on offering the menu.  Commissioner Nunan stated that the program would be vital for certain projects, particularly with current financing issues.  Bob Chase credited staff who participated in the creation of the menu:  Carl Hefner, Ed Short, Robert Hurtado and Willie Harris.  Commissioner Fuerst commented on the changes to the process as a result of the phased approach.  Commissioner Valine suggested that outreach include an article in the Sacramento Bee regarding innovative changes developed by employees.


  3. Department of Utilities- 2008 On-Site Plan Reviews
    Location: Citywide
    Recommendation: Review and Comment
    Contact:  Robert Thaung, Supervising Engineer, (916) 808-8891
    Action:  Robert Thaung presented statistics regarding DOU on site plan reviews.  Commissioner Fuerst questioned the amount of plan reviews meeting target dates, particularly residential projects.  Robert Thaung commented regarding details about the plan review process resulting in lengthier review.


  4. Building Division Workload Statistics and Service Levels
    Location: Citywide
    Recommendation: Review and Comment
    Contact: Carl Hefner, Deputy Chief Building Official, (916) 808-8779
    Action:  Carl Hefner presented graphs and statistics regarding individual disciplines.  He introduced Ed Short who introduced a PowerPoint presentation with performance trends.  Ed commented that the fire commercial plan check discipline was the most improved.  He added that the workload across the board has increased, and that plan check was impacted due to the FEMA deadlines.  Commissioner McBurney thanked staff for the presentation as a measurement of success and resource allocation.  Bob Chase asked the DOC about the timing of the updates.  Commissioner Valine indicated that the updates could be made quarterly rather than monthly.


  5. Planning Commission Rules of Procedure
    Location:
    Citywide
    Recommendation
    Review and Comment
    Contact:
    David Kwong, Planning Manager, (916) 808-2691
    Action:  David Kwong and Wendy Klock Johnson presented a staff report regarding updates on the Planning Commission Rules of Procedure, including a brief history of the process.  He indicated that the majority of the revised procedures would mirror the procedures adopted earlier in the year by City Council.  Commissioner Chinn asked if this was the first version of the Planning Commission procedures.  David Kwong answered that this was a revision, and that the Planning Commission was required by code to adopt rules of procedure.  Commissioner Chinn asked if the Planning Commission subcommittee agreed with the draft of the procedure, and asked about details regarding the rules and purview.  He added questions regarding the Chair’s vote and sequence of motions before the Commission.  David answered that staff encouraged the Chair to vote last.  Commissioner Chinn asked additional questions about report distribution, staff position and ex parte communications.  Commissioner Guerra asked what the DOC role was with regard to the Planning Commission.  David Kwong answered that the DOC had oversight recommendation over all development processes and procedures.  Commissioner McBurney commented she was pleased with the intent of the proposed rules of procedure.  Commissioner Holloway indicated that there was one large omission regarding the missed opportunity regarding the Planning Commission and their interaction with the public.  He stated that with the Brown Act and the restrictions regarding ex parte communication, the Planning Commissioners were discouraged from ruling on the proposed projects without speaking with the public or visiting the sites before the hearing, and that he encouraged the inclusion of language in the rules of procedure that promoted outreach and full disclosure of that outreach or lack of outreach during the Planning Commission meeting.  Commissioner Nunan recommended that the DOC deliver their comments and suggestions through David Kwong.  David Kwong agreed to draft the DOC comments for the Chair’s review and deliver them to the Planning Commission for the scheduled date.  William Thomas thanked the Planning Commission for their agreement to postpone their action on the rules pending DOC comment.


  6. Establishment of Fee Deferral Program
    Location:
    Citywide
    Recommendation:
    Review and Comment
    Contact:
    Leslie Fritzsche, Downtown Development Manager, (916) 808-5450
    ActionChair Valine moved this agenda item to item #2 on the agenda, immediately following the approval of the minutes.  Leslie Fritzsche presented an update regarding the proposed Fee Deferral program for review and comment.  She reviewed the changes to the proposed program that have been made since the last presentation.  She stated that the program would included residential and commercial applications, and was designed to include City-controlled impact fees, and reviewed the components of the program, including length, security, and application review.  She added that the schedule included presentation to the Natomas working group on October 8, the Law and Legislation Committee on October 14, Pass for Publication at City Council on October 21, and Public Hearing at City Council on October 28.  Commissioner Guerra asked about payment of residential deferred fees regarding payment per parcel.  Commissioner Fuerst asked about the compliance requirement for the City’s Sustainability Master Plan.  Commissioner Holloway asked about the provision for certificate of occupancy in a residential development.  Commissioner Valine asked about neighboring city programs, and about how to communicate the availability of the program once approved.  He also asked about fees outside of the jurisdiction and whether they were also offering deferral of non-City controlled fees.  Commissioner Fuerst asked about the use of this type of an economic tool in the future for infill projects.  Commissioner Holloway expressed concern about the adjustment factor in some of the impact fees.  Dennis Rogers with the North State Building Industry Association commented regarding the proposed program, highlighting two areas of concern, security requirements in addition to the Certificate of Occupancy and the need for a level of certainty relative to any fee adjustments.  He recommended no security requirement if the applicant chose to select the Certificate of Occupancy option due to the additional cost incurred.  Commissioner Nunan commented on a greater ease in collectability with the security requirement.  William Thomas commented on the adjustment requirements in Public Facilities Fees that are tied to public infrastructure projects that could be jeopardized due to the lack of adjustment.  Commissioner Valine called for a vote of endorsement, subject to the adjustments discussed during the meeting.  Item was moved, seconded, and carried (Holloway/ Schriefer: 8; 0; 0).

Public Comments - Matters Not on the Agenda

  1. Eric Weisenthal introduced himself, and commended the Commission on its most recent Annual Report.

Questions, Ideas, and Announcements of Commission Members

  1. Commissioner Fuerst asked about electronic updates and notifications on the City’s website.  Commissioner Valine asked about the General Plan and the role of the DOC to support it.  Staff will bring representatives of the Planning Department to a future DOC meeting for an update.  Commissioner Valine also inquired about opportunities to gather information regarding regulations that could impede smart growth.  Commissioner Holloway indicated that information gathered from focus groups and phone survey outreach could be timely.  Commissioner Valine recommended outreach to identify development issues, and prioritizing those issues for future action.

Adjournment - 7:50 pm

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