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Tuesday, April 7, 2009

Power Grab?—Leonard Fights for Permitting Control

Posted by Matt Davis on Tue, Apr 7, 2009 at 3:11 PM

City Commissioner Randy Leonard has courted public attention recently with high-profile deals like Major League Soccer, a 12-lane bridge across the Columbia River, and even possible condemnation of the Made in Oregon sign. But many behind the scenes say he’s been quietly working to take control of the city’s permitting process—a potential power grab that could have far-reaching consequences for Portland.
262f/1239142236-randy-leonard-color-grids.jpg
LEONARD? Illustration by Jackpollock.net...

Right now any developer looking to build a project—a new supermarket, condo tower, or even a soccer stadium—must submit permit applications to the Bureau of Development Services (BDS), which Leonard oversees. But BDS doesn’t have complete control of the permitting process: It forwards all applications to the Bureau of Environmental Services, the Bureau of Transportation, the city’s parks and water bureaus, and its fire and emergency services. Permit staff in each of those bureaus check the applications separately to ensure they comply with city code.

The purpose is to create adequate checks and balances so that no city commissioner can force through a development project against the better interests of Portlanders.

The problem? The existing process can cause delays in permits being issued, and city council has made numerous attempts to speed it up over the years. Back in January, Mayor Sam Adams asked Leonard to come up with a method of consolidating the permitting staff from other bureaus into BDS as part of his “100-day plan.”

Adams and Leonard even established a 17-person oversight committee of environmentalists, attorneys, developers, and green space and land use experts, to ensure that the process incorporated their concerns.

However, according to sources, this plan wasn’t exactly Adams’ idea. They say that Leonard has been pushing the consolidation idea since former Mayor Tom Potter’s administration, and that Adams was the first to lend a welcoming ear.

This week, council is scheduled to discuss the planned consolidation, which could involve the transfer of up to 45 permitting staff from other bureaus over to Leonard’s Bureau of Development Services.

However, several people familiar with the process, but who do not wish to be named, have said that Commissioner Leonard is simply staging a “power grab.” If his changes go through, they’re worried he’ll wield far too much control over the city’s future. Others say they’re nervous that the consolidation hasn’t been properly thought through.

“I guess I’m nervous about putting that much power over what happens to the city in any one elected official’s hand,” says Bonny McKnight, coordinator of Portland’s citywide land use group, who sat on the oversight committee. “I don’t know what the motivation for this is, but I know that whatever the motivation is, it’s wrong— because the problem hasn’t been identified, and the solution hasn’t been through any kind of reasonable public process.” Read more after the jump...

Bob Salinger, director of the urban conservation program at Portland’s Audubon Society, also sat on the oversight committee. He suggests its role wasn’t so much to oversee or guide the consolidation as to rubber stamp it, politically.

“I think [Adams and Leonard] had decided they wanted this to happen, and they wanted it to happen fast,” says Salinger.

Salinger adds that when the committee began suggesting that consolidation of permitting staff might not be the best idea, Leonard and Adams came to the group’s third meeting and “made it explicitly clear that there was only one option on the table and it was full consolidation.”

“It’s a disappointment,” says Salinger, “because we really didn’t have a chance to frame the problem or the solutions very well.”

City Commissioners Amanda Fritz and Dan Saltzman are now fighting Leonard’s hasty approach. Fritz says council adopted recommendations in 2004 to improve the permitting process, but these have “not been tried yet.” She adds that the idea of full consolidation under BDS “doesn’t respect the commission form of government, and the fact that we have multiple values we have to respect during the permitting process.”

Late last week, Saltzman proposed an alternative resolution to Leonard’s consolidation idea, which would move just 12 staff to BDS, instead of up to 45. They would also have to report back to council in six months.

Council is scheduled to discuss Saltzman’s idea on Wednesday, April 8, the day before Leonard’s plan is up for discussion. If Saltzman’s resolution passes, however, it would supersede Leonard’s, although both hearings may be delayed by a last-minute effort launched Tuesday, April 7, by the City of Portland Professional Employees Association to get an evening hearing so that affected employees can weigh in on both proposals, simultaneously.

Saltzman’s resolution even implicitly refers to Leonard’s idea as an “immediate and aggressive action that has not been fully considered by affected stakeholders,” and “has not been preceded by meaningful and measured actions.”

“I think Dan’s proposal is a measured response to the problem and allows measured steps to be taken,” says Dean Marriott, director of the Bureau of Environmental Services. “We can see whether or not we’ve solved the problem without necessarily breaking the system.”

Saltzman declined comment personally. Meanwhile, Leonard categorically denies any suggestion that he may be staging a power grab, and Adams is leaping to his defense.

“This is not unlike the billboard debate,” says Leonard, referring to his recent effort to condemn the Made in Oregon sign in Old Town [“Made in Ornery-gon,” News, April 2]. “When people find themselves on the losing end of a discussion, I’ve learned that I get subjected to name-calling.”

Leonard says BDS staff would blow the whistle if he tried to force a project through permitting under a consolidated process. He says he was satisfied with the way BDS was “setting an example” for other bureaus before Adams became mayor, but that Adams came up with the idea to consolidate the bureaus.

Leonard says that every other city in Oregon has consolidated permitting, and that he and Adams consciously picked concerned people to sit on the oversight committee so their grievances could be incorporated into the consolidation process—but he’s disappointed with the committee’s work.

“What we really wanted was for them to use their independence to ensure that we didn’t overlook something, instead of fighting the move altogether,” he says. “At the end of the day, the city is here to serve the public, and defending the status quo is not that.”

Adams also denies that Leonard came to him with the proposal to consolidate. “I asked Commissioner Leonard if he would lead the effort to implement consolidation,” he says.

“I’ve been around to see all the half-step, intermediate, ‘let’s try this first’ solutions to this problem,” says Adams. “And I came to the decision over the last four years that it was a screwed-up system that needed to be consolidated.

“A few well-intentioned folks believe that the way you maintain balance in this process is to maintain dysfunction,” Adams continues. “Well, I respectfully but forcefully disagree. For the first time we will hold one official responsible for the city’s achievement of its policy goals.”

City Commissioner Nick Fish will be the swing vote on both proposals, but declined comment by press time.

 

Comments (13) RSS

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1
That is once of the best illustrations to ever grace the hallowed pages of the Mercury.
Posted by Graham on April 7, 2009 at 3:20 PM · Report
2
Damn, that is one detailed post Matt. Nice job.

"The purpose is to create adequate checks and balances so that no city commissioner can force through a development project against the better interests of Portlanders."

This might be a nice side effect, but the main reason is simply that permitted actions can affect everything from transportation to the environment, so that's why applications go to all the different bureaus to be signed off on.

"Leonard says that every other city in Oregon has consolidated permitting"

I wonder what he's basing that statement on. How could he possibly know that?

“When people find themselves on the losing end of a discussion, I’ve learned that I get subjected to name-calling.”

What a petty little turd. I hope he's gone soon.
Posted by Blabby on April 7, 2009 at 3:24 PM · Report
3
Great story, and, once again Graham beats me to the point I wanted to make: brilliant illustration. I think that should be screened onto hoodies, which should be distributed to citizens, who could then wear them at council meetings.
Posted by Demondog on April 7, 2009 at 3:35 PM · Report
4
UPDATE: It appears the brewing controversy over this issue has resulted in both consolidation ordinances being rescheduled for an evening hearing next week. Email sent from city at 3:06pm:

"Portland City Council Discussion on Permit Center Consolidation Postponed

Ordinances proposing to move land use and permit reviewers from other bureaus to the Bureau of Development Services, scheduled for hearings Wednesday morning 4/8/09 and Thursday afternoon 4/9/09, are postponed.

The Portland City Council discussion on Permit Center Consolidation will not occur this week.

Ordinances proposing to move land use and permit reviewers from other bureaus to the Bureau of Development Services, scheduled for hearings Wednesday morning 4/8/09 and Thursday afternoon 4/9/09, will be postponed.

It is likely the topic will be rescheduled to Thursday, April 16, at 6 p.m. in City Hall."
Posted by Matt Davis on April 7, 2009 at 3:36 PM · Report
5
Any member of any "oversight committee" has the right and the duty to demand that they not be used as a rubber stamp. City Hall makes a habit of picking various people with limited opportunities to meet and consider the issue then placing a bureaucrat in with them to "guide" them to the pre-selected decision. Good for everyone on this committee willing to call BS on Randy Leonard.

Also: I think that the picture of Randy Leonard is so awesome that we should put a giant version of it on the side of Mercy Corps building facing the White Stag billboard.
Posted by Number Six on April 7, 2009 at 3:55 PM · Report
6
It seems to me that one of the reasons that BDS sends permitting over to other bureaus is that those other bureaus are experts in their fields, e.g. the Water Bureau knows what the building plans should look like for water mains and services, Transportation knows what the sidewalks should look like, etc. By moving those experts out of those bureaus I would wonder if you are moving them away from the expertise that is within the bureau and towards a mentality that perhaps is open more to pressure from developers (i.e. BDS salaries are paid by the permit fees, whereas at least in the other bureaus there is a level of insulation from the developers directly because the employees are accountable to people like the city engineer and not the head of the development bureau).
Posted by Paul Cone on April 7, 2009 at 5:09 PM · Report
7
I don't really see him as a cat person.
Posted by Suz on April 7, 2009 at 5:12 PM · Report
8
"Power grab" sounds right.
When Leonard took over BDS in 2003 he bullied that any
staff enforcing zoning laws too much would have to answer
to him personally (Oregonian Feb 28, 2003). His chief of staff further explained at an insider breakfast that BDS staff will "look at the code book in a creative way" and not "latch on to the letter of the law." [DJOC Apr 28, 2003]
In the ensuing 6 years developers got a great deal and the rest of Portland got ugly as variances and law bending reigned.

Let us have a full audit of how Leonard's approach has effected Portland before handing him more power.
Posted by jam eyer on April 7, 2009 at 10:00 PM · Report
9
Paul Cone hit the nail on the head. There are many problems with this consolidation plan. It concentrates too much power in the hands of too few, namely Leonard and the development community. The committee identified many problems with the consolidation but Leonard and Sam made it clear that they were going to ram consolidation through, all other concerns be damned.
Posted by k. on April 8, 2009 at 11:01 AM · Report
10
asdfasdf
Posted by Roller on April 8, 2009 at 2:13 PM · Report
11
Take a moment to review each proposal. One of them begins with listing known problems then thoughfully and professionally proposes real solutions. The other starts with a solution without ever clearly identifying any problems or goals. Care to take a guess which one, Saltzman's or Leanord's is which?

One proposal would cost approx 3 million bucks or more each year that is not budgeted for in a bureau that will be laying off about 60 employees. The other hardly cost anything and accomplishes 99% of solving issues identified by the oversight committee. One works, the other says we'll figure out how to make it work after it imposes a specious top down solution. Again, try and guess which one is which.
Posted by German on April 8, 2009 at 2:27 PM · Report
12
What the people want (keep the Made in Oregon sign) or what the people don't want (full development review consolidation) - it doesn't matter, it's really all about what RANDY and his developer friends want. This is bad for Portland, bad for Portlanders, and does not bode well for the future of development in our city. We need to WAKE UP and get Leonard out of office next election.
Posted by dogooder on April 9, 2009 at 6:48 AM · Report
13
The real problem is our commissioner form of City government. If they want one person to be in charge, we need to switch to a city manager style. Contrary to what some think, this would be the best way of removing politics from technical decision making related to development review. Right now, the commisioner would seem to oppose by stating the commissioner form allows them to answer directly to their constituents when called about an issue with the bureau they oversea. What really happens is that developers call and complain about requirements much more than citizens call asking for help.

With a full consolidation, the developers who want to complain only have to call Randy.

I wish people understood that electing the butchers, bakers, and candlestick makers to run mulit-million doller, thousand employee bureaus, is just asking for trouble. If they want the City to run more like a businees, then put a profesional manager in charge that answers to all commissioners.
Posted by German on April 9, 2009 at 8:36 AM · Report

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