Response: Westport County Water District

Additional Recommendations 20

These recommendations are not explicitly linked to specific findings.

• R1

  Page 116
  The Department is carrying out its various duties working to capacity in terms of personnel. Response – Agree. The Community Development Department includes three staff positions; Community Development Director, Associate Planner and Administrative Secretary. Special studies, Environmental Impact Reports and other larger planning and development policy documents such as the General Plan and Zoning Ordinance are prepared through professional service contracts. In order to assure timely processing of routine planning applications the City also uses the services of a contract planner as needed.
• R2

  Page 116
  The Grand Jury reviewed 134 permit applications for the years 2000-2001. Of the applications reviewed the Department issued 108 permits , 22 permits between 30 and 60 days, and four permits after six months. The four permits issued after six months involved commercial and multiple residential projects. Response – Agree. The City has not attempted to reanalyze or recalculate the number of permit applications processed. We believe that the finding accurately represents the typical processing timeframes for building permits. Using the Grand Jury’s calculations we note that approximately 80% of permits were issued , 16% within 30-60 days and 4% longer than 60 days. Complex projects which require the preparation of an environmental impact report may take a year or more to complete processing. Typical reasons for the longer permit processing timeframes include the need to obtain discretionary approvals through the Planning Commission or the need to modify project submittals to meet Uniform Building Code requirements. The City believes that the Department’s timeframes for permit processing are generally acceptable and that they are consistent with or more expedient than other similar jurisdictions. It should also be noted that the Community Development Department is responsible for coordinating permit application review which is required through other City departments, the Fire Department and the County Building Department. For its part the Community Development Department has established an aggressive goal for timely review of 80% of permit applications for zoning consistency of receipt of the completed permit application. – 118 –
• R3

  Page 116
  The Department lacks a written complaint procedure for applicants unhappy with the permit process. Response – Agree in part. Fort Bragg Municipal Code Chapter 18.78 provides a procedure for any applicant who is unhappy with the result of a permit review process to appeal any decision of the Community Development Department and/or the Planning Commission. A fee for the appeal process has been established by the City Council. The Department does not have a written complaint procedure for general complaints regarding the permit process. Such complaints are routinely handled on a case-by-case basis through the Community Development Director or the City Manager as appropriate.
• R4

  Page 117
  The Department lacks a comprehensive informational handout for permit applicants detailing pertinent aspects of the process and rights and responsibilities of parties involved. The Department states a goal to produce a handout to this effect in 2002 Response – Agree. The Department’s permit applications and pertinent sections of the Fort Bragg Municipal Code provide information to permit applicants about permit-processing procedures. These are routinely distributed to permit applicants. In addition, staff routinely provides additional specific and detailed information and interpretation to applicants as needed. The Department is currently updating its application forms and preparing information brochures for each of the planning processes it administers. While this will not be a singular “comprehensive informational handout,” the brochures will provide clear and useful information about permitting requirements and procedures. This project is scheduled for completion
• R5

  Page 118
  The Department lacks a written policies and procedures. Response – Disagree. The City and the Community Development Department have written policies and procedures. Policies and procedures governing the actions of all City Departments and employees are established in the City’s Personnel Regulations and Administrative Regulations. The City of Fort Bragg General Plan provides the overarching policy framework which guides land use, development review and decision-making on land use and development applications. Specific procedures pertaining to the Community Development Department’s review and processing of discretionary and ministerial permit applications are provided in the Fort Bragg Municipal Code (Title 15-Buildings and Construction; Title 17-Subdivisions; Title 18-Zoning). The Department annually establishes specific objectives for administration of its responsibilities, which are updated and approved by the City Council during the annual budget process.
• R6

  Page 118
  The Department lacks employee job descriptions that state duties, responsibilities and scope of authority in application and interpretation of codes and ordinances. Response – Disagree, in part. The City maintains job descriptions for all City employees including the Community Development Department employees. The job description provides a summary of the position, and specify typical duties and responsibilities associated with the position. As is typical in similar agencies, job descriptions do not – 119 – specifically address each employee’s “scope of authority in application and interpretation of codes and ordinances.” Staff’s authority is identified in the relevant sections of the Fort Bragg Municipal Code. (See attached job description.)
• R7

  Page 118
  The affordable housing element of the draft General Plan has not been adopted. If adopted as proposed, the City would not meet its existing or projected needs for affordable and low-income housing as proposed by the Government Code. There is a shortage of housing for low-income workers and seniors. Response – Disagree, in part. The City has a Housing Element which was certified by the State Department of Housing & Community Development (HCD) in 1993. HCD requires that it be updated by December 31, 2003. The City has completed a draft Housing Element update in conjunction with the comprehensive update of the entire General Plan. The General Plan and environmental impact report are currently in the public review process. Public Hearings and adoption are scheduled to occur later this year. The draft Housing Element provides policies and programs which are intended to support the development of adequate housing for all economic segments of the community. The Housing Background section of the Housing Element (Section F) identifies many housing needs, including a shortage of affordable housing and senior housing. The Housing Element identifies potential sites for development of approximately 1,192 additional housing units within the City. The Draft Regional Housing Needs Plan, which was prepared by the Mendocino Council of Governments and is presently under public review, recommends a 2001-2008 housing needs allocation of 388 units for Fort Bragg, of which 159 units are needed for low and very low income residents. Whether or not the housing goals established in the Housing Element are achieved is dependent on many factors, most of which are beyond the City’s control (see Response to Finding 8).
• R8

  Page 119
  The lack of water and high cost of real estate have constrained the development of adequate affordable and low-income housing in the City. Secondary constraints include the scarcity of redevelopment funds, land-use controls, building codes, local permit processing, various special fees and environmental/site condition studies, and limitations on density. Response – Agree. In addition to the factors listed in Finding 8, macroeconomic factors are a major contributor to the lack of affordable housing. Limitations on the availability of capital to finance land and infrastructure development and building construction, particularly for affordable housing, has a direct bearing on the production of new housing in any community. The City has developed policies in the Housing Element update to facilitate and encourage the development of affordable housing. – 120 –
• R9

  Page 119
  In the past, the City, in conjunction with private enterprise, has supported affordable and low-income housing development by mitigation of fees, codes and ordinances, and reduction in site development standards, water use retrofit, and application of density bonus. Presently, City support of low-income and affordable housing is hampered by lack of redevelopment funds. Response – Agree, in part. The City has a long history of supporting affordable housing development projects. While redevelopment funds have not been available for several years to provide direct financial assistance, the City has developed a small balance in the Redevelopment Housing Fund as of June 30, 2002. The City Council has identified its interest to evaluate approaches to facilitate and support housing development. Despite the City’s inability to provide direct financial assistance, in the past three years, the City has undertaken many activities in support of housing development, including: preparation of the Housing Element update; Federal Emergency Shelter Grants for emergency/transitional housing; Community Development Block Grant (CDBG) for housing rehabilitation; CDBG grant for development of off-site drainage improvements to support a sweat-equity housing project; and CDBG grant for preparation of a Senior Housing Market Study. In addition, the Redevelopment Agency recently contributed $40,000 for pre-purchase studies to assist the acquisition of a 49-unit “at risk” affordable housing project by a qualified affordable housing non- profit.
• R10

  Page 120
  A major obstacle to affordable and low-income housing availability statewide as well as in Mendocino County is affordable housing becoming unaffordable because of market forces. Response – Agree. One means of ensuring that affordable housing remains affordable is to establish rental or resale covenants for housing projects which receive public funds and/or special benefits. State Redevelopment Law and State Density Bonus Law require that mechanisms be in place to ensure continued affordability for between 10 and 40 years.
• R12

  Page 126
  The CSC is officially designated under State of California guidelines as a Community Mental Health Clinic in which client services are billed under Medi-Cal regulations. It is anticipated that the final costs to the County could be reduced while at the same time providing better services to the mentally ill. Response – Agree.
• R13

  Page 126
  Records indicate that as many as one in four inmates housed at the Jail have mental health issues. When the PHF was closed, officers no longer had a secure facility to leave people who needed evaluation. Patrol Officers reported being out of normal service while they waited for mental health crises workers to respond to hospital – 127 – emergency rooms to evaluate and assume custody of the client. In addition, mental health or law enforcement staff time had to be increased to transport patients to out of county psychiatric facilities. Response – Agree.
• R14

  Page 126
  With the assignment of DMH personnel to the Jail and the ability of the CSC to send crisis workers to the jail after regular working hours, Jail workers believe the treatment of inmates with mental health issues has improved. Response – Agree.
• R15

  Page 126
  There is a strong connection between mental illness and substance abuse. Clients in crisis typically exhibit a multitude of problems in addition to the ones that have brought them to the immediate crises. These include homelessness, health, employment, and childcare. DMH has recognized the multiple layers of need with the creation of a new position, Consumer Services Coordinator, with the job of ensuring that the clients receive the help needed from whatever source is available. However, some clients exhibiting aberrant behavior are sometimes shuffled back and forth between AODP and DMH. Response – Agree.
• R16

  Page 126
  With the PHF no longer available, the need for costly transportation of patients out of the county has increased. Both the Sheriff and the DMH have standby transportation staff and/or ambulances available (if restraint is required) to transport patients to out-of- county psychiatric facilities. Response – Agree.
• R17

  Page 127
  Redwood Coast Regional Center, DMH, and the Sheriff are collaborating in a unique grant-funded training program to bring more understanding of the relationship of law enforcement and the developmentally disabled and the mentally ill. A private training group from the Bay Area has been conducting the training. Response – Agree. On April 11, 2002 the Fort Bragg Police Department provided an instructor for a presentation on this subject matter to Critical Focus. The presentation was made at the Fort Bragg Police Department.
• R18

  Page 127
  DMH has in place tools for evaluation, such as the Client Satisfaction Questionnaire and the California Quality of Life instrument. The Mental Health Board is planning to evaluate client satisfaction. Response – Agree.
• R19

  Page 127
  The Grand Jury has heard testimony that the impact of the new procedures on Fort Bragg and the coastal areas of the County have been mixed. The Fort Bragg area had in place, prior to the closure of the PHF, a system for crisis response that has not changed. The Fort Bragg office of the DMH has employees to respond to crisis calls Monday to Friday 8 a.m. to 5 p.m. The County has a contract with Ford Street Project, a private non-profit human service organization, to provide crisis response during all other times. DMH supervisors are available for telephone consultation with the Ford Street crisis workers. The Ford Street Project also provides three beds for “time-out” cases in the same situations now available at the CSC. The primary change has been for §5150 cases, which require a custodial setting. Information from crisis workers on the coast – 128 – indicates without a PHF, it sometimes takes longer to find a placement for persons who must be detained under §5150 because they must be taken out of the county. Response – Agree.
• R20

  Page 127
  There are currently three on-call crisis workers who are employed in other human service jobs. They participate in continual training and case conferences and are supervised by on-call DMH personnel. Often the crisis workers have extensive prior knowledge of the client and the needs of the case, thus facilitating decision-making. Response – Agree. The Fort Bragg Police Department works closely with the Coast Crisis Service providers and relies on their specialized training and prior knowledge of client needs to facilitate appropriate service and decision making regarding mentally ill persons.
• R21

  Page 127
  Other partners in the process, law enforcement and hospital medical staff, at times, question the qualifications and decisions made by the crisis workers. On the other hand, crisis workers feel that police officers and emergency room staff do not understand the requirements and consequences of a §5150 detention nor the difficulty in diagnosing a mental disorder. Response –Agree. The criteria for the application of a §5150 hold for law enforcement although narrow still leaves open the possibility of differences of opinion between evaluators. It’s not uncommon that the symptoms exhibited in the presence of the first responder (usually law enforcement) are masked by the person being evaluated when he/she realizes a §5150 hold may be forthcoming. It’s important to remember that a §5150 hold is not a commitment, but is rather a vehicle to get the person in question into a professional evaluation environment. As much as it would be desirable that those evaluating the need for the §5150 hold have a uniform opinion, differences as to the suitability of a hold are likely to continue. As with most issues, the key to reducing the frustrations associated with these differences lies in effective communication.