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HomeMy WebLinkAbout2010-10-20 PacketCITY OF UKIAH CITY COUNCIL AGENDA Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 October 20, 2010 6:00 p.m. 1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation Storm Water Awareness Week 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Minutes of August 18, 2010 b. Regular Minutes of September 1, 2010 6. RIGHT TO APPEAL DECISION Persons who are dissatisfied with a decision of the City Council may have the right to a review of that decision by a court. The City has adopted Section 1094.6 of the California Code of Civil Procedure, which generally limits to ninety days (90) the time within which the decision of the City Boards and Agencies may be judicially challenged. 7. CONSENT CALENDAR The following items listed are considered routine and will be enacted by a single motion and roll call vote by the City Council. Items may be removed from the Consent Calendar upon request of a Councilmember or a citizen in which event the item will be considered at the completion of all other items on the agenda. The motion by the City Council on the Consent Calendar will approve and make findings in accordance with Administrative Staff and/or Planning Commission recommendations. a. Report of Disbursements for the Month of September 2010 b. Notification Of The Expenditure Of $8287.75 For The Creation And Installation Of Two (2) Computer Programs To Enhance Pumping Operations At The Water Treatment Plant ($7,500) And Some Unrelated Additional Maintenance Charges ($787.75). C. Report To Council Of The Expenditure In The Amount Of $9,814.98 To WIPF Construction For Emergency Pipe Repair At The Hydro Plant For The Electric Utility Department. (EUD) d. Adoption Of Ordinance For The City Of Ukiah Amending Section 1965 And Adding Section 2000.3 To Chapter 12 (Parks And Recreation Facilities) Of Division 1 (Government) Of The Ukiah City Code e. Report Of Acquisition Of Professional Consulting Services From EBA Engineering For Preparation Of Mandated Reports For The Ukiah Landfill f. Rejection Of Claim For Damages Received From Barry Vogel, Esq. On Behalf Of Krissa Arnold-Klein, And Referral To Joint Powers Authority, Redwood Empire Municipal Insurance Fund g. Approval Of Revisions To The City Of Ukiah's Owner-Occupied Housing Rehabilitation Program Guidelines h. Award OF Bid For Roof Replacement At The Ukiah Aviation Building i. Update Report On Local Emergency Declaration Regarding Drought And Water Shortage Status j. Update Report Regarding Status Of Water Emergency Conditions Necessitating Emergency Resolution To Expedite Construction Of Oak Manor Drive Water Well k Approve Budget Amendment In The Amount Of $22,743 For Oak Manor Well Construction Contract, Specification No. 09-17 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS The City Council welcomes input from the audience. If there is a matter of business on the agenda that you are interested in, you may address the Council when this matter is considered. If you wish to speak on a matter that is not on this agenda, you may do so at this time. In order for everyone to be heard, please limit your comments to three (3) minutes per person and not more than ten (10) minutes per subject. The Brown Act regulations do not allow action to be taken on audience comments in which the subject is not listed on the agenda. 9. PUBLIC HEARINGS (6:15 PM) 10. UNFINISHED BUSINESS a. Adoption of Mobilehome Rent Stabilization Ordinance b. Request Approval For The Purchase Of Additional Musco Sports Cluster Green System Replacement Lighting For Giorno Field At Anton Stadium From Musco In The Amount Of $10,200 (Plus Tax And Freight) And Change Order For Installation To Ferranti Construction In The Amount Of $3,826. C. City Of Ukiah Public Benefit Program Presentation And Possible Action On Program Enhancements And Authorize Budget Amendment In The Amount Of $120,000. (EUD) d. Discuss And Provide Direction Regarding The Gobbi Street-Babcock Lane-Oak Manor Drive Realignment Project Conflict With PG&E Joint Pole e. Discussion On The Ukiah Municipal Pools Renovation Project, Consideration On Funding Through City Resources And Authorization Of Corresponding Budget Items 11. NEW BUSINESS a. Report Regarding New Building And Fire Codes Effective On January 1, 2011 b. Approve The Purchase Of A Sewer/Vacuum Truck To Vac-Con, Inc. In The Amount Of $303,349.88. 12. COUNCIL REPORTS 13. CITY MANAGER/CITY CLERK REPORTS 14. CLOSED SESSION - Closed Session may be held at any time during the meeting a. Conference with Legal Counsel - Anticipated Litigation Government Code Section 54956.9(b)(1) - Significant exposure to litigation (1 case) b. Conference with Legal Counsel-Anticipated Litigation Initiation of litigation pursuant to subdivision c of Government Code Section 54956.9: (1 case) C. Conference with Labor Negotiator 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Miscellaneous Unit and Management Unit d. Conference with Real Property Negotiators (§54956.8) Property: APN 002-232-12, 13 and 002-282-18 and 19 APN 002-232-09, 10, 11 Negotiator: Jane Chambers, Executive Director Negotiating Parties: Ukiah Redevelopment Agency, City of Ukiah, North Coast Railroad Authority, Weston Solutions Inc, and Administrative Office of the Courts Under Negotiation: Price and Terms e. Conference with Real Property Negotiators (§54956.8) Property: APN 002-192-01, 02, 03, 11, 14 and 18 Negotiator: Jane Chambers, Executive Director Negotiating Parties: Ukiah Redevelopment Agency, City of Ukiah, and Administrative Office of the Courts Under Negotiation: Price and Terms 15. ADJOURNMENT Please be advised that the City needs to be notified 72 hours in advance of a meeting if any specific accommodations or interpreter services are needed in order for you to attend. The City complies with ADA requirements and will attempt to reasonably accommodate individuals with disabilities upon request. Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection at the front counter at the Ukiah Civic Center, 300 Seminary Avenue, Ukiah, CA 95482, during normal business hours, Monday through Friday, 8:00 am to 5:00 pm. I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Ukiah City Hall, located at 300 Seminary Avenue, Ukiah, California, not less than 72 hours prior to the meeting set forth on this agenda. Dated this 15th day of October 2010. JoAnne Currie, City Clerk Item 3a PROCLAMATION OF THE CITY OF UKIAH Storm Water Awareness Week October 24-30, 2010 WHEREAS, storm water runoff typically drains directly, without filtration or treatment, to the nation's waterways; and WHEREAS, the City of Ukiah's waterways create a rich and diverse system which provides wildlife habitat, flood capacity, recreation and aesthetic values to our community; and WHEREAS, non-point source pollutants in storm water runoff - such as trash, pesticides, fertilizers, oils, grease and eroded soils - have been identified as the largest single source of surface water contamination in the nations waterways; and WHEREAS, pursuant to US Environmental Protection Agency's National Pollutant Discharge Elimination System, the City of Ukiah has implemented a Storm Water Management Program to control polluted storm water runoff; and WHEREAS, public education and community involvement vis-a-vis the minimization and control of non-point runoff pollutants is an essential component of the City's Storm Water Management Program; and WHEREAS, the Ukiah City Council desires to increase public awareness of storm water runoff issues, NOW, THEREFORE, BE IT RESOLVED that I, Benj Thomas, Mayor, and my fellow Ukiah City Council members Mari Rodin, Phil Baldwin, Douglas F. Crane, and Mary Anne Landis do hereby proclaim October 24 - 30, 2010 as: "Storm Water Awareness Week" Signed and sealed, this 201h day of October in the year Two Thousand Ten. Benj Thomas, Mayor CC Page 1 of 6 Item 5a CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 August 18, 2010 6:00 p.m. ROLL CALL Ukiah City Council met at a Regular Meeting on August 18, 2010, the notice for which being legally noticed on August 13, 2010. Mayor Thomas called the meeting to order at 6:00 pm. Roll was taken with the following Councilmembers present: Landis, Crane, Baldwin, and Mayor Thomas. Councilmembers absent: Rodin. Staff present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport, Director of Electric Utility Grandi, and City Clerk Currie. 2. PLEDGE OF ALLEGIANCE 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Proclamation: Women's Right to Vote 90th Anniversary Councilmember Landis read and presented the proclamation to Dr. Katazyna Rolsinski with the National Women's Political Caucus. Dr. Katazyna Rolsinski provided information on the August 26, 2010, event and those who assisted with the event. i b. Proclamation: Fabulous Flashback Car Show 20th Anniversary 'Mayor Thomas read thg proclamation and presented it to Tom Cropp. Mr. Cropp provided information regarding the Fabulous Flashback Car Show, September 18 and 19, 2010. 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Regular Minutes of 8/4/10 M/S Crane/Landis to Approve the Regular Minutes of August 4, 2010, as amended with the correction of Guinness McFadden on page 4. Motion carried by an all AYEyoice vote. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR M/S Landis/Crane to Approve the Consent Calendar items 7a-7h: a. Report of Disbursements for Month of July 2010 b. Authorize City Manager to Negotiate and Execute A Revised Memorandum of Understanding Between County of Mendocino and City of Ukiah Regarding Low Gap Park and the Development of Ukiah's First Skate Park CC Page 2 of 6 C. Approve Amendment to Professional Services Agreement With Green Valley Consulting Engineers In An Amount Not to Exceed $22,995 for Additional Design Work Related to the Preparation of Bid Documents for the Gobbi Street Rehabilitation Project d. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well e. Update Report on Local Emergency Declaration Regarding Drought and Water Shortage Status f. Approval of Notice of Completion for the Redwood Business Park Electric System Reliability Improvement Project, Specification No. 09-13 and Approval of Final Payment of the 10% Retention to Wipf Construction g. Adopt Resolution Approving First Amendment to Agreement for Construction, Operation and Financing of Combustion Turbine Project One and Quitclaim Deed h. Report to Council on Implementation,,-,of Water Rate Changes Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Baldwin, and Mayor Thomas. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS Devon Jones, Executive Director of Mendocino County Farm Bureau, spoke to the formation of the Mendocino County Agriculture & Business Coalition which is comprised of three groups, the Mendocino County Farm Bureau. Employers Council of Mendocino County, and North Coast Builders Exchange. Mark Johnson, Executive Director, Employers Council of Mendocino GGounty, provided the group's six primary issues. Keith Woods, Chief Executive Officer North Coast Builders Exchange, expressed his support of this group°i' JR Rose, spoke in support of rent stabilization for mobilehomes. 9. ,PUBLIMEARINGS (6:15 PM) 10. UNFINISHED BUSINESS a. Receive Report and Provide Direction to Staff for Status of City of Ukiah/UVSD Wastewater MSR and Other MSR Status City Manager Chambers presented the item. Recommended Action: Receive report and direct staff to send a letter to the Local Agency Formation Commission (LAFCO ~~6ard as attached and indicate if further discussion of other Municipal Service Review (MSR) status should be placed on a future Council agenda. Public Comment Opened 6:52 pm Public speaking to the item: Frank McMichael, LAFCO; Robin Collier, Citizen; and John McCowen. Public Comment Closed 7:17 pm Councilmember Landis moved the Recommended Action. Motion Died due to lack of a second. CC Page 3 of 6 M/S Crane/Baldwin to Approve the administrative oversight committee be reconstituted and meet. Based upon the outcome of that meeting, City Council would make a determination to send the letter. City Manager Chambers will appoint the city's representative. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Baldwin, and Mayor Thomas. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. b. Adopt Resolution Accepting A Section of Perkins Street Right of Way As Offered for Relinquishment By The State of California Department of Transportation Recommended Action(s): Adopt resolution accepting a section of Perkins Street right of way as offered for relinquishment by the State of California Department of Transportation. All M/S Crane/Baldwin to Approve Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Baldwin, and Mayor Thomas. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 11. NEW BUSINESS 1~ G a. Adoption of Resoldtion Approving An Application for Proposition 84 Sustainable Communities Planning Grant and Incentives Program Competitive Grant Funds. Assistant City Manager Sangiacomo presented the item. Recommended Action: Adopt the resolution authorizing the application to the Proposition 84 Sustainable Commuhities Planning Grant and Incentives Program. M/S Crane/Baldwin to Approve Recommended Action. Motion carried by the following roll call vote: AWES: Councilmembers Landis, Crane, Baldwin, and Mayor Thomas. NOES: None,,;, ABSENT: Councilmember Rodin. ABSTAIN: None. b. Award of Contract for the Orchard Substation Construction Project, Specification No. 10-08 Dir&tor of Electric Utility Grandi presented the item. Recommended Action: Award the contract for the Orchard Substation Construction Project Spec. No. 10-08 to Cal Ele6 ro, Inc. in the amount of $2,980,000. M/S Crane/Landis to Approve Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Baldwin, and Mayor Thomas. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. C. Discussion and Possible Action to Amend the Transfer Station Contract to Authorize An Adjustment to the Schedule of Fees and Rates for Transfer Station Services and Clarifying that the Term of the Contract Shall Extend to September 30, 2016. CC Page 4 of 6 Continued to the September 1, 2010, meeting. d. Discussion and Possible Action to Provide Notice and Conduct A Hearing on Proposed Curbside Waste Collection Fee Increases Pursuant to Proposition 218 and Division 4, Chapter 6, Article 1 of the Ukiah City Code, Commencing With Section 3950 Continued to the September 1, 2010, meeting. e. Report on the Mendocino County Board of Supervisor's Ballot Initiative to Impose A Half-Cent Sales Tax and Consideration of the Mendocino County Tax Sharing Ad Hoc Committee's Request to Designate Representatives and Meet to Negotiate l Tax Sharing Agreement From the Proceeds Should the Measure be Approved Assistant City Manager Sangiacomo presented,,'the item. Recommended Action(s): Receive report on th,e Mendocino County Board of Supervisor's ballot initiative to impose a half-centjales tax and consider the Mendocino County Tax Sharing Ad Hoc Committee's request to designate representatives and meet to negotiate a tax sharing agreement from the proceeds should the measure be approved. Public Comment Opened 7:54 pm Public Speaking to the item: John McCowen, Mendocino County Board of Supervisors: Robin Collier, Executive Director Mendocino County Tomorrow; and JR Rose. Public "Comment Closed 8:03 pm M/S Baldwin/Landis, to Approve the existing tax sharing ad hoc committee, Councilmembers Rodin and Crane to meet with Mendocino County Supervisors McCowen and Smith and the committee will report back to City Council by "September 15, 2010. Motion carried by the following roll call vote: AYES:. Counciimembers Landis, Crane; Baldwin, and Mayor Thomas. NOES: None. ABSENT: Councilmember Rodin. ABSTAIN: None. 12. COUNCIL REPORTS Councilmember Baldwin expressed his continued concerns regarding the banners and illegal signs artd hopes enforcement will happen this year. 13. CITY MANAGER/CITY CLERK REPORTS City Manager Chambers reported the November 2, 2010, City Council Election is underway. Chambers proposes the following protocol for requests for information from campaign candidates: 1) requests will be processed as a public information request; 2) any candidate requesting information that takes extensive staff analysis or time will be agendized for City Council approval; 3) if information is provided to a candidate, all candidates will be made aware; 4) employees are often asked to make endorsements, it is preferred employees not endorse any candidate in writing, however, employees can still choose to do so; 5) employees displaying of yard signs is acceptable; and 6) is advising candidates not to ask employees for endorsements. City Manager Chambers reported she plans to extend, as a courtesy, to the candidate who is not an incumbent a CC Page 5 of 6 briefing on city business to bring him up to date. Chambers added if City Council wished to discuss these items, it will be agendized. City Council expressed no interest. City Clerk Currie reported the Board of Appeals recruitment closed Friday, August 20, 2010, and Parks, Recreation, and Golf and Airport Commissions still have vacancies and the deadline for applications is September 8, 2010. Adjourned to closed session and convene as the Ukiah Redevelopment Agency at 8:11 pm. 14. CLOSED SESSION -Closed Session may be held a any time during the meeting a. Conference with Legal Counsel - Anticipated Litigation Government Code Section 54956.9(b)(1) =Significant exposure to litigation (1 case) Not heard b. Conference with Real Property Negotiators (§54956.8) Property: APN 180-080-57, 58, 59, 62, 63, 64, 65, 66, 67, -and 180-110-08, 09, 10 Negotiator: Jane Chambers, City Manager Negotiating Parties: Ukiah Redevelopment Agency and Northwest Atlantic (Costco) Under Negotiation: Price & Terms Not heard. C. Conference with Labor Negotiator "1 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizatior s: Miscellaneous Unit and Management Unit d. Conference with Real Property Ne+tftiators (§54956.8) Property. ,APN 002-232-12, 13 and 002-282-18 and 19 APN 002-232-09, 10, 11 Negotiator: Jane Chambers, City Manager (negotiating Parties: Ukiah-redevelopment Agency, City of Ukiah, North Coast 06 Railroad Authority, ' Weston Solutions Inc, and Administrative Office of the Courts Under Negotiation: Price and Terms Not heard. e. Conference with Real Property Negotiators (§54956.8) Property: APN 002-192-01, 02, 03, 11, 14 and 18 Negotiator: Jane Chambers, City Manager Negotiating Parties: Ukiah Redevelopment Agency, City of Ukiah, and Administrative Office of the Courts Under Negotiation: Price and Terms Not heard. CC Page 6 of 6 Reconvened in Open Session at 8:40 pm with no reportable action. 15. ADJOURNMENT There being no further business, the meeting adjourned at 8:40 pm. JoAnne M. Currie, City Clerk i i i CC Page 1 of 7 CITY OF UKIAH CITY COUNCIL MINUTES Regular Meeting CIVIC CENTER COUNCIL CHAMBERS 300 Seminary Avenue Ukiah, CA 95482 September 1, 2010 6:00 p.m. Item 5b 1. ROLL CALL Ukiah City Council met at a Regular Meeting on September 1, 2010, the notice for which being legally noticed on August 27, 2010. Mayor Thomas called the meeting to order at 6:00 pm. Roll was taken with the following Councilmembers present: Landis, Crane, Rodin, Baldwin, and Mayor Thomas. Councilmembers absent: None. Staff present: City Manager Chambers, Assistant City Manager Sangiacomo, City Attorney Rapport, Community Services Administrator Merz, Director of Finance Elton, Director of Planning and Community Development Stump, Director of Public Works and City Engineer Eriksen, Deputy Director Public Works Engineering and Streets Division Seanor, Project/Grant Administrator Mills, and City Clerk Currie. Consultant: Emmett Jones. 2. PLEDGE OF ALLEGIANCE 4. PETITIONS AND COMMUNICATIONS 5. APPROVAL OF MINUTES a. Special Council/URA Joint Minutes of 8/25/10 b. Regular meeting of 7/7/10 M/S Landis/Baldwin to Approve the Regular Minutes of July 7, 2010, and Special Council/URA Joint Minutes of August 25, 2010, as submitted. Motion carried by an all AYE voice vote. 6. RIGHT TO APPEAL DECISION 7. CONSENT CALENDAR Councilmember Crane pulled item 7c which will become 11 d. Councilmember Landis had questions on 71. M/S Landis/Rodin to Approve the Consent Calendar items 7a-7b and 7d-7p: a. Report to The City Council Regarding The Purchase of Network and Phone Equipment From A T&T Datacom in the Amount of $6,687.45 b. Notification of Purchase of Training Services from James Reese and Associates, in the Amount of $5,954 d. Award of Contract to Argonaut Constructors for Neighborhood Enhancement - Clara Avenue Phase 1 Project, Specification No. 10-12, in the Amount of $849,765.35 and Approve Budget Amendment e. Award Purchase of 4,500 Feet of 750 KCM EPR Cable for the Electric. Utility Department for the Total Amount of $27,419.68 (EUD) CC Page 2 of 7 f. Award of Contract to Lee Howard Construction Co. in the Amount of $92,636 for Remediation System Installation - Ukiah Corporation Yard, Specification No. 10- 15 g. Award of Contract for the Riverside Park Phase 1 -Rough Grading Project, Specification No. 10-13 h. Update Report on Local Emergency Declaration Regarding Drought and Water Shortage Status i. Award of Contract for Street Striping 2010, Specification No. 10-16 j. Award Professional Services Agreement to Coastland Civil Engineering for Construction Management, Inspection, and Testing Services for the Neighborhood Enhancement - Clara Avenue Phase 1 Project, Specification No. 10-12, and Approve Budget Amendment k. Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well 1. Report of Acquisition of Professional Consulting Services From Green Valley Consulting Engineers for Design and Preparation of Plans for the Abutments, Pathway Transitions, Etc. for the Oak Manor Pedestrian Bridge M. Report of Acquisition of Professional Consulting Services from EBA Engineering for Completion of Soil Borings As Required for the Soil and Groundwater Management Plan for 1230 Airport Park Boulevard and Approve Budget Amendment n. Report of Acquisition of Tree Pruning Services from Northcoast Tree Care in the amount of $7,000 o. Report of Acquisition of Professional Consulting Services from EBA Engineering for Preparation of Mandated Reports for the Ukiah Landfill P. Approve the Draft Request for Proposal for Engineering Services for the Preparation of a Recycled Water Master Plan and Direct Staff to Distribute to Engineering Firms - Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. Report of Acquisition of Professional Consulting Services From Green Valley Consulting Engineers for Design and Preparation of Plans for the Abutments, Pathway Transitions, Etc. for the Oak Manor Pedestrian Bridge Director of Public Works and City Engineer Eriksen presented the item. 3. PROCLAMATIONS/INTRODUCTIONS/PRESENTATIONS a. Babe Ruth Meeting Tournament Presentation Project/Grant Administrator Mills presented the item and introduced Tom Mason,. President of the Babe Ruth League. Tom Mason, President Babe Ruth League, spoke regarding Babe Ruth Tournament and presented the plaque to the City and requested it be placed in Anton Stadium when completed. 8. AUDIENCE COMMENTS ON NON-AGENDA ITEMS JR Rose, Senior Advocate, checking in on the status of the mobilehome rent stabilization ordinance and hopes the City of Ukiah is moving forward. CC Page 3 of 7 9. PUBLIC HEARINGS (6:15 PM) 10. UNFINISHED BUSINESS b. Award of Contract for South Dora Street Rehabilitation Project, Specification No. 10-01 Director of Public Works/City Engineer Eriksen and Deputy Director Public Works Engineering and Streets Division Seanor presented the item. Recommended Action(s): Award contract for South Dora Street Rehabilitation Project, Specification No. 10-01, to the lowest responsive, responsible bidder based on bids submitted on August 31, 2010. M/S Crane/Landis to Approve Award of Contract for South Dora Street Rehabilitation Project, Specification No. 10-01, to Mendocino Construction Services of Willits, California, the lowest responsive, responsible bidder. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. C. Adopt Resolution Appointing Members to the Building Code Board of Appeals Director of Planning and Community Development Stump presented the item. Recommended Action(s): 1) Review and discuss the applicants and 2) Adopt Resolution appointing members to the Building Code Board of Appeals. Councilmember Baldwin nominated Howell Hawkes to a three-year term. Councilmember Rodin nominated Gregory Hoyt to a three-year term. Councilmember Crane nominated Terrence L. McGillivray to a two-year term. Mayor Thomas nominated Pierre Horn to a two-year term. Councilmember Landis nominated Jim Apperson to a one-year term. Lawrence S. Mitchelle, AIA and Roger Vincent as alternate members. M/S Landis/Rodin to Approve adopt the resolution appointing the members to the Building Board of Appeals and extend the application deadline. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. a. Authorize City Manager to Negotiate and Execute Agreements With Warren McClung, Asia and Ann Baker Landscape Architecture for Continued Work on the Riverside Park Project to Be Fully Reimbursed By California Prop 50 River Parkways Grant Community Services Administrator Merz presented the item. Recommended Action(s): Authorize City Manager to 1. Negotiate and execute contract with Warren McClung, ASLA in an amount not to exceed $49,000, to be fully reimbursed by grant funds and 2. Negotiate and execute contract with Ann Baker CC Page 4 of 7 Landscape Architect in an amount not to exceed $36,840 to be fully reimbursed by grant funds. M/S Crane/Rodin to Approve the Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. d. Discussion and Direction Regarding Authorization of City Manager to Enter Revenue Sharing Agreement for Revenues Raised through "County Vital Services Transactions Sales Use Tax" Ballot Measure Councilmembers Rodin and Crane presented the item. Recommended Action(s): Hear the Ad/Hoc members report and discuss the request that has been made of the City to enter into an agreement to receive measure proceeds. Direct the City Manager to enter negotiations for an agreement based on the items in Attachment #1 and authorize the City Manager to sign that document. Public Comment Opened 6:50 pm Public speaking to the item: JR Rose Public Comment Closed 6:51 pm M/S Rodin/Baldwin to Approve the Recommended Action to direct the City Manager to enter negotiations for an agreement based on the items in attachment one (1) of the ASR and authorize the City manager to sign that document. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. Councilmember Rodin left the dais 6:58 pm 11. NEW BUSINESS a. Discussion and Possible Action to Amend the Transfer Station Contract to Authorize an Adjustment to the Schedule of Fees and Rates for Transfer Station Services and Clarifying that the Term of the Contract Shall Extend to September 30, 2016 Councilmember Crane recused himself from item 11.a and 11.b at 6:59 p.m. due to a potential conflict of interest. Councilmember Rodin returned to the dais 7:00 pm Finance Director Elton and Emmett Jones, consultant, presented the item. Recommended Action(s): 1) Authorize City Manager to sign a contract amendment with Solid Waste Systems Inc. authorizing the per ton fee of $67.50 plus surcharges of $7.00 ($5.00 for MSWMA and $2.00 for City). 2) Authorize City Manager to sign a contract amendment with Solid Waste Systems Inc. authorizing the per cubic yard fee of $16.24 plus surcharges of $1.26 ($0.90 for MSWMA and $0.36 for City). 3) Approve other rates as listed on the accompanying rate schedule (Attachment 2). 4) New rates are in effect for three years and are reviewable at the end of that term at the City's option. 5) The CPI Adjustment, Section 4.02, of the contract is applicable to the adjusted rate on the CC Page 5 of 7 same basis as before the adjustment with the first such adjustment to occur at the end of the twelfth month following the effective date of the current fee increase. 6) Amend Article XIV, Section 14.01 to read: Term of Contract. The term of the Contract shall continue until September 30, 2016, unless terminated earlier pursuant to terms of the Contract. Recessed 6:10 pm Reconvened 6:13 pm Public Comment Opened 7:54 pm Public Speaking to the item: Julie Price, C&S Waste Solutions, Dave Carroll C&S Waste Solutions. Public Comment Closed 8:01 pm M/S Rodin/Landis to Approve Recommended action. Motion carried by the following roll call vote: AYES: C6uncilmembers Landis, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: Councilmember Crane. ABSTAIN: None. b. Discussion and Possible Action to Provide Notice and Conduct a Hearing on Proposed Curbside Waste Collection Fee Increases Pursuant to Proposition 218 and Division 4, Chapter 6, Article 1 of the Ukiah City Code, Commencing with Section 3950 Finance Director Elton and Emmett Jones, consultant, presented the item. Recommended Action(s): 1) Direct staff to mail the Proposition 218 notice to the appropriate customers and 2) Set Wednesday, November 3, 2010 as the date for the Public Hearing to consider adoption of the curb-side garbage and recycling collection rates. MIS Rodin/Landis to Approve Recommended Action. Staff is to mail to all utility customers in an attempt to reach all residents. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: Councilmember Crane. ABSTAIN: None. Councilmember Crane returned to the dais 8:15 pm c. Discussion and Consideration of a Resolution Supporting Proposition 22, The Local Taxpayer, Public Safety, and Transportation Protection Act of 2010 Assistant City Manager Sangiacomo and City Manager Chambers presented the item. Recommended Action(s): Discuss and consider the adoption of a resolution supporting Proposition 22, the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010. M/S Landis/Rodin to Approve Recommended Action. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. d. Adoption of Resolution Approving Final Map for Major Subdivision No. 07- CC Page 6 of 7 35 Lands of Alice V. Evans Trust Was Item 7c Director of Public Works/City Engineer Eriksen presented the item. Recommended Action(s): Adopt Resolution approving Final Map for Major subdivision No. 07-32, direct the City Clerk to sign the Final Map and accept offers of dedication as specified on said Map. M/S Rodin/Baldwin to Approve adoption of Resolution approving Final Map for Major subdivision No. 07-32, direct the City Clerk to sign the Final Map and accept offers of dedication as specified on said Map. Motion carried by the following roll call vote: AYES: Councilmembers Landis, Crane, Rodin, Baldwin, and Mayor Thomas. NOES: None. ABSENT: None. ABSTAIN: None. 12. COUNCIL REPORTS Councilmember Baldwin reported, Inland Water and Power Commission (IWPC), is holding an all agency meeting Thursday. September 9, 2010, regarding the Coyote Dam Feasibility Study. Councilmember Rodin reported the final version of the Ukiah Walks brochure is complete and ready for printin°g. This project was funded by one of the TOT grants. Councilmember Landis reported that on August 19, 2010, Mayor Thomas and she went to Sunnyvale on a tour with North Coast Builders Exchange to review their permitting process. Councilmember Landis also reported that on October 26, 2010, an educational meeting on woody biomass will be held in Ukiah between 5 and 7 pm. Mayor Thomas reported the return of the favorite poem project event at the Museum, Friday, October 15, 2010. Mayor Thomas recommends Councilmembers go see the progress being made at the stake park site and a request for poetry for the opening of park; the Poet Laureate of Ukiah has been requested to write a poem for the opening. The Chili Cook Off is September 10, 2010. Councilmember Landis and Mayor Thomas are part of a Main Street team that is making 100 mile chili (Chili Local). 13. CITY MANAGERICITY CLERK REPORTS City Manager Chambers reported between all the projects awarded tonight, about $1.6 million in construction work was approved tonight, which is a help to our local economy. Adjourned to closed session and convened as the Ukiah Redevelopment Agency at 8:38 pm. 14. CLOSED SESSION a. Conference with Labor Negotiator 54957.6) Agency Representative: Jane Chambers, City Manager Employee Organizations: Miscellaneous Unit and Management Unit b. Conference with Real Property Negotiators (§54956.8) Property: APN 180-080-57, 58, 59, 62, 63, 64, 65, 66, 67, and 180-110-08, 09, 10 Negotiator: Jane Chambers, City Manager Negotiating Parties: Ukiah Redevelopment Agency and Northwest Atlantic CC Page 7 of 7 (Costco) Under Negotiation: Price & Terms C. Conference with Real Property Negotiators (§54956.8) Property: APN # 003-062-05 Negotiator: Jane Chambers, City Manager Negotiating Parties: City of Ukiah and Ukiah Unified School District Under Negotiation: Price & Terms Reconvened in Open Session at 9:04 pm with no reportable action. 15. ADJOURNMENT There being no further business, the meeting adjourned at 9:04 pm. JoAnne M. Currie, City Clerk ITEM NO.. Fir MEETING DATE: AGENDA SUMMARY REPORT 7a October 20, 2010 SUBJECT: REPORT OF DISBURSEMENTS FOR THE MONTH OF SEPTEMBER 2010 Payments made during the month of September 2010, are summarized on the attached Report of Disbursements. Further detail is supplied on the attached Schedule of Bills, representing the four (4) individual payment cycles within the month. Accounts Payable check numbers: 103031-103145, 103201-103306,103366-103474 Accounts Payable Manual check numbers: 103307 Payroll check numbers: 103146-103200, 103308-103351 Payroll Manual check numbers: 103030 Void check numbers: 103352-103365 This report is submitted in accordance with Ukiah City Code Division 1, Chapter 7, Article 1. Fiscal Impact: H Budgeted FY 10/11 F-1 New Appropriation a Not Applicable 1-1 Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested Continued on Paqe 2 Recommended Action(s): Approve the Report of Disbursements for the month of September 2010 Alternative Council Option(s): N/A Citizens advised: N/A Requested by: City Manager Prepared by: Accounts Payable Specialist II Coordinated with: Finance Director and City Manager Attachments: Reports of Disbursements Approve Chambers, City Manager CITY OF UKIAH REPORT OF DISBU RSEMENTS REGISTER OF PAYROLL AND DEMAND PAYMENTS FOR THE MONTH OF SEPTEMBER 2010 Demand Payments approved: Check No. 103031-103145, 103201-103307, 103366-103474 FUNDS: 100 General Fund $192,940.20 600 Airport 105 Measure S General Fund $40,422.09 610 Sewer Service Fund 110 Special General Fund 611 Sewer Construction Fund 140 Park Development $177,241.04 612 City/District Sewer 141 Museum Grants 614 Sewer Capital Projects Fund 143 N.E.H.1. Museum Grant 615 City/District Sewer Replace 150 Civic Center Fund 620 Special Sewer Fund (Cap Imp) 200 Asset Seizure Fund 640 San Dist Revolving Fund 201 Asset Seizure (Drug/Alcohol) 641 Sanitation District Special 203 H&S Education 11489 (13)(2)(A1) $215.00 650 Spec San Dist Fund (Camp Imp) 204 Federal Asset Seizure Grants $367.45 652 REDIP Sewer Enterprise Fund 205 Sup Law Enforce. Srv. Fund (SLESF) $2,500.00 660 Sanitary Disposal Site Fund 206 Community Oriented Policing 661 Landfill Corrective Fund 207 Local Law Enforce. Blk Grant 664 Disposal Closure Reserve 220 Parking Dist. #1 Oper & Maint $653.34 670 U.S.W. Bill & Collect 230 Parking Dist. #1 Revenue Fund 678 Public Safety Dispatch 250 Special Revenue Fund $13,342.57 679 MESA (Mendocino Emergency Srv Auth) 260 Downtown Business Improvement 695 Golf 270 Signalizaton Fund 696 Warehouse/Stores 290 Bridge Fund 697 Billing Enterprise Fund 300 2106 Gas Tax Fund 698 Fixed Asset Fund 301 2107 Gas Tax Fund 699 Special Projects Reserve 303 2105 Gas Tax Fund 800 Electric 310 Special Aviation Fund 805 Street Lighting Fund 315 Airport Capital Improvement 806 Public Benefits Charges 330 1998 STIP Augmentation Fund $145,898.57 820 Water 332 Federal Emerg. Shelter Grant 840 Special Water Fund (Cap Imp) 333 Comm. Development Block Grant 900 Special Deposit Trust 334 EDBG 94-333 Revolving Loan 910 Worker's Comp. Fund 335 Community Dev. Comm. Fund 920 Liability Fund 336 08-HOME-4688 940 Payroll Posting Fund 340 SB325 Reimbursement Fund 950 General Service (Accts Recv) 341 S.T.P. 960 Community Redev. Agency 342 Trans-Traffic Congest Relief 962 Redevelopment Housing Fund 345 Off-System Roads Fund 964 RDA Capital Pass-Through 410 Conference Center Fund $8,260.61 965 Redevelopment Cap Imprv. Fund 550 Lake Mendocino Bond-Int/Red 966 Redevelopment Debt Svc. 555 Lake Mendocino Bond-Reserve 975 Russian River Watershed Assoc 575 Garage $3,322.09 976 Mixing Zone Policy JPA PAYROLL CHECK NUMBERS 103030,103146-103200 TOTAL DEMAND PAYMENTS-A/P CHECKS DIRE CT DEPOSIT NUMBERS 48090-48281 TOTAL DEMAND PAYMENTS-WIRE TRANSFERS* PAYROLL PERIOD 8/22/10-9/4/10 TOTAL PAYROLL CHECKS & DIRECT DEPOSITS PAYROLL CHECK NUMBERS: 103308-103351 TOTAL PAYROLL EFT's (TAXES, PERS, VENDORS) DIRE CT DEPOSIT NUMBERS 48282-48455 PAYROLL PERIOD 9/5/10-9/18/10 *VENDOR: VOID CHECK NUMBERS: 103352-103365 TOTAL PAYMENTS CERTIFICATION OF CITY CLERK This register of Payroll and Demand Payments was duly approved by the City Council on City Clerk $77,034.95 $97,901.83 $27,444.12 $9,097.69 $381.64 $24,652.60 $4,354.15 .y/ 1,-14J.3b $244.03 $7,658.48 $2,396.80 $12,948.72 $474,444.29 $12,658.39 $8,089.05 $161,775.29 $86,562.80 $18,695.04 .$708.11 $215,341.78 $972.02 $3,109.57 $1,163.80 $48,327.30 $1,958,274.77 $0.00 $656,296.05 $500,863.19 $3,115,434.01 APPROVAL OF CITY MANAGER CERTIFICATION OF DIRECTOR OF FINANCE I have examined this Register and approve same. 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W woo W m0 UN Zj 1000 In r-I zk.0 zoo zoLn HL71 HO • Wmoo G4 OO 'MM O P • Ln a ~H N O WO i:) N't H WH ;E: M Q'0000 1 O F-i W P G4 f~0 a > W O P4 u OWN m d 0M 0>> 04 > >iN QW 00 U00 H 0) A 0 UO > N W x H ~D a w N C7 Q O r[ H a ~H a E1 0 H O U t` O O x a 0 d~ Ln a w U H yO Z H H a U H O U U zQ m p r-I C*a r~ W w O N N .C U W z Ei O U U 9 0 B O 0 E' a w A w UN z~ H in U) w a 0 0 H w H Ei ~O zHJ rx Csa N r.~ Di O O-- WU a w Ocn W H~ zn H Ol W UO > 0 0 0 0 0 A W H z H P: a U) Q04 O U W 04 City oJ- Ukiah ITEM NO.: 7b MEETING DATE: AGENDA SUMMARY REPORT October 20, 2010 SUBJECT: NOTIFICATION OF THE EXPENDITURE OF $8287.75 FOR THE CREATION AND INSTALLATION OF TWO (2) COMPUTER PROGRAMS TO ENHANCE PUMPING OPERATIONS AT THE WATER TREATMENT PLANT ($7,500) AND SOME UNRELATED ADDITIONAL MAINTENANCE CHARGES ($787.75). Background: Previous SCADA computer programming at the Water Treatment Plant (WTP) lowered the pumping flow rates to the Cites reservoirs as the reservoirs filled, making it difficult to fill the reservoirs to capacity. Drought conditions over that last few years along with the limited overall capacity in the Cities reservoirs necessitated a change to ensure the reservoirs could be filled at will. Discussion: Two (2) computer programs for pumping operations at the WTP have been generated by ZSI Inc., the WTP's SCADA programmer. The new programs allow the WTP to pump water at a fixed speed, enabling staff to fill the reservoirs to capacity. The ability to pump at a constant rate allows staff to refill the reservoirs quicker during high demand situations. Fiscal Impact: Budgeted FY 09/10 F-xl New Appropriation Not Applicable F Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested $25,000 Contractual Services 820.3908.250.007 $0 Recommended Action(s): Receive notification for the expenditure of $8287.75 for the programming upgrades and misc. maintenance expenses for the WTP SCADA system. Alternative Council Option(s): NA Citizens advised: Requested by: Tim Eriksen, Public Works Director Prepared by: Paul Smith, Water Treatment Plant Supervisor Coordinated with: Jane Chambers, City Manager; Tim Eriksen, Public Works Director Attachments: Approved: Jr Chambers, City Manager ITEM NO.: MEETING DATE: va-flukiah AGENDA SUMMARY REPORT 7c October 20, 2010 SUBJECT: REPORT TO COUNCIL OF THE EXPENDITURE IN THE AMOUNT OF $9,814.98 TO WIPF CONSTRUCTION FOR EMERGENCY PIPE REPAIR AT THE HYDRO PLANT FOR THE ELECTRIC UTILITY DEPARTMENT. (EUD) Pursuant to the requirements of Section 1522 of the Municipal Code, this report is being submitted to the City Council to advise of the expenditure in the amount of $9,814.98 for emergency repair of a 12" fish hatchery primary supply line located at the Lake Mendocino Hydro Plant. The leak was discovered during the yearly pre-flood dam inspection. Additional inspections and testing will be done over the next few weeks. Repairs may be necessary pending our findings. Fiscal Impact: Budgeted FY 10/11 ❑ Amount Budgeted $93,800 New Appropriation ❑ Not Applicable Source of Funds (title and Contractual Services ❑ Budget Amendment Required Account Number 800.5536.250.000 Recommended Action(s): NO ACTION NEEDED - REPORT TO COUNCIL ONLY Alternative Council Option(s): None Needed Citizens advised: N/A Requested by: Mel Grandi, Electric Utility Director Prepared by: Mary Williamson, Purchasing Assistant Coordinated with: Attachments: N/A -:2 Approved: J Chambers, City Manager City -rY`ZJkiaf1- ITEM NO.: 7d MEETING DATE: October 20, 2010 AGENDA SUMMARY REPORT SUBJECT: ADOPTION OF ORDINANCE FOR THE CITY OF UKIAH AMENDING SECTION 1965 AND ADDING SECTION 2000.3 TO CHAPTER 12 (PARKS AND RECREATION FACILITIES) OF DIVISION 1 (GOVERNMENT) OF THE UKIAH CITY CODE Background: The Ukiah Skate Park is in its final construction phase. Staff has worked closely with the City of Ukiah's insurance company Redwood Empire Municipal Insurance Fund (REMIF), the City Attorney, the Park, Recreation and Golf Committee, the Skate Park Committee and the skate park design consultant to research and review safety guidelines. California Health & Safety Code 115800 (Attachment 1) states that any City operating a skate park must require the participants to wear helmets, elbow pads, and knee pads. The section further states that a City must adopt an ordinance outlining these requirements, provisions for its enforcement and guidelines for posting the rules on the site (Attachment 2). Compliance with the State Code as well as the REMIF conditions for coverage (attachment 3) is required in order to receive insurance coverage for the operation of the Ukiah Skate Park. The ordinance (attachment 4) outlines the rules of conduct expected at the facility as well as the penalties for violation. Participants are required to wear safety equipment. In addition, no food, drink, moveable obstacles, or bicycling are allowed within the fenced skating area. Placing graffiti anywhere in or on the park is prohibited and the park will be closed until the graffiti is removed or repaired. The following are also Continued on page 2 Fiscal Impact: Not Applicable Budget Amendment Required 1-1 Budgeted FY 08/09 1-1 New Appropriation I-XI prohibited in the park area at all times: (a) possession or use of drugs or alcohol or being under the influence; (b) fighting or other violence; (c) possession or use of firearms, knives, or other weapons of any Recommended Action(s): Adopt the Ordinance by title only, request the City Clerk to read the title, and, then, pass a motion to adopt the Ordinance. Alternative Council Option(s): Do not take action and remand to Staff with direction. Citizens advised: Ukiah Skate Park Committee Members, REMIF, and Skate Park'Design Consultant Requested by: Community Services Department Prepared by: Maya Simerson, Community Services, David Rapport, City Attorney, Katie Merz, Community Services Administrator, Guy Mills, Project and Grant Administrator, and Sage Sangiacomo, Assistant City Manager Coordinated with: Jane Chambers, City Manger Attachments: 1. California Health & Safety Code 115800, 2. Ukiah Skate Park Rules, 3. REMIF conditions of coverage, 4. Ordinance Approved: L - L, Ja Chambers, City Manager Subject: Adopt Ukiah Skate Park Ordinance Meeting Date: October 20, 2010 Page 2 of 2 kind; and (d) smoking or use of tobacco products. Self-policing of the rules by users is expected given that the park will be closed for periods of time by the Community Services Department if the rules are habitually violated. This self-policing model has been effective in other communities similar to Ukiah. The Ukiah Skate Park Committee is also committed to the safe use of the park and will assist with monitoring and education. Similar to other park rules, a first violation of this ordinance is punishable by a fine not exceeding $50.00 A second infraction within a year may be punishable by a fine not exceeding $100 and a third infraction is punishable by a fine not to exceed $250. Second and subsequent offenses may also be prosecuted as a misdemeanor. There is also a provision for a violator of this ordinance to lose his/her privileges at the skate park for up to one year. Discussion: On October 6, 2010, the City Council voted to introduce an ordinance adding the Ukiah Skate Park to the list of parks and recreation facilities contained in the Ukiah City Code. This ordinance also contains the rules for the Skate Park facility. The ordinance has been prepared in final form and is ready for adoption. Attachment # ` State of California. HEALTH AND SAFETY CODE SECTION 115800 115800. (a) No operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads, and knee pads. (b) with respect to any facility, owned or operated by a local public agency, that is designed and maintained for the purpose of recreational skateboard use, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: (1) Adoption by the local public agency of an ordinance requiring any person riding a skateboard at the facility to wear a helmet, elbow pads, and knee pads. (2) The posting of signs at the facility affording reasonable notice that any person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation under the ordinance required by paragraph (1) , (c) "Local public agency" for purposes of this section includes, but is not limited to, a city,' county, or city and county. (d) (1) Skateboarding at any facility or park owned or operated by a public entity as a public skateboard park, as provided in paragraph (3), shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code if all of the following conditions are met: (A) The person skateboarding is 14 years of age or older. (B) The skateboarding activity that caused the injury was stunt, trick, or luge skateboarding. (C) The skateboard park is on public property that complies with subdivision (a) or (b). (2) In addition to the provisions of subdivision (c) of Section 831.7 of the Government Code, nothing in this section is intended to limit the liability of a public entity with respect to any other duty imposed pursuant to existing law, including the duty to protect against dangerous conditions of public property pursuant to Chapter 2 (commencing with Section 830) of Part 2 of Division 3.6 of Title 1 of the Government Code. However, nothing in this section is intended to abrogate or limit any other legal rights, defenses, or immunities that may otherwise be available at law. (3) For public skateboard parks that were constructed on or before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2001. For public skateboard parks that are constructed after January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1,.2008. For purposes of this subdivision, any skateboard facility that is a movable :Facility shall be deemed constructed on the first date it is initially made available for'use at any location by the local public agency. (4) The appropriate local public agency shall maintain a record of all known or reported injuries incurred by a skateboarder in a public skateboard park or facility. The local public agency shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency. Beginning in 1999, copies of these records shall be filed annually, no later than January 30 each year, with the Judicial Council, which shall submit a report to the Legislature on or before March 31, 2007, on the incidences of injuries incurred, claims asserted, and the results of any lawsuit filed, by persons injured while skateboarding in public skateboard parks or facilities. (5) This subdivision shall not apply on or after January 1, 2001, to public skateboard parks that were constructed on or before January 1, 1998, but shall continue to apply to public skateboard parks that are constructed after January 1, 1998. (e) This section shall remain in effect until January 1, 2008, and as of that date is repealed, unless a later enacted statute, enacted before January 1, 2008, deletes or extends that date. Attachment #2 UKIAH SKATE PARK RULES HOURS OF USE Dawn to Dusk (unless otherwise posted) HELMETS, ELBOW PADS AND KNEE PADS MUST BE WORN AT ALL TIMES No person shall be allowed to use the skate park without wearing a helmet, elbow pads and knee pads PARK USE REQUIREMENTS Obey the rules and regulations Act with respect and courtesy PROHIBITED IN THE PARK Skating or skateboarding outside designated areas Drugs, alcohol or being under the influence Fighting or other violence Firearms, knives or other weapons Smoking or use of tobacco products Amplified sound Food or drink Bicycles or scooters Moveable obstacles or materials such as ramps and jumps GRAFFITI/VANDALISM WILL RESULT IN PARK CLOSURE TRESPASSING AND VIOLATING RULES AND REGULATIONS IS UNLAWFUL PENALTIES INCLUDE CITATION, PROSECUTION, FINES AND LOSS OF USE PRIVILEGES Attachment # PERMANENT, BUILT-IN SKATEBOARD PARKS/FACILTTY (Conditions for Coverage from REMIF) 1. Design of the facility shall be performed by a.licensed designer/architect with experience in skateboard park design. The park shall not include deep vertical drops or half pikes; no obstacles, elements or components of this skating area shall have a vertical drop more than 36". 2. Design of the facility must be approved by the city in compliance with necessary govemment`code sections to achieve design immunity. In addition, REMIF's conditions for coverage must be reviewed and approved by the city, 3. There shall be a six foot fence surrounding the facility with sufficient area for a participant to safely perform maneuvers. 4. There shall be fixed and posted hours. of operations. 5. While using the facility, the participant must use personal safety equipment comprised of at least head, knee, and elbow protection. The city shall not be the provider of such equipment. 6. A facility maintenance check shall be made on at least a daily basis to note and correct safety problems. 7. If in-line skaters are allowed to use the facility, rules and regulations of usage shall be posted for safety purposes. 8. The city police department will include the park on a daily routine patrol during the play, evening, weekend, and holiday hours. 9. Food and drink is prohibited inside the fenced area. 10. No temporary or moveable obstacles or materials (i.e. raxnps/jumps) are allowed into the fenced area. 11. Bicycling is prohibited within the skateboard facility. 12. Landscaping material must be of a non-shed variety (i.e. no sand, gravel, bark, etc.) and all brushes and trees should be such a distance from the facility as to not litter the facility with debris. 13. If the facility is to be used after dark, it must be lighted according to current standards. 14. The facility shall be locked during hours of non-operation. 15. The city shall pass an ordinance in compliance with health and Safety Code 115800 and establish and maintain provisions for its enforcement. 16. A $25,000 self-insured retention (deductible) shall apply to all claims/lawsuits resulting from the use of a permanent, built-in park facility. ORDINANCE NO. Attachment #4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH AMENDING SECTION 1965 AND ADDING SECTION 2000.3 TO CHAPTER 12 (PARKS AND RECREATION FACILITIES) OF DIVISION 1 (GOVERNMENT) OF THE UKIAH CITY CODE The City Council of the City of Ukiah hereby ordains as follows: SECTION ONE Section 1965 of the Ukiah City Code is amended to read as follows: SECTION 1965: FACILITIES: The following described parcels of land are parks and recreation facilities of the city and shall be known by the names indicated: A.Todd Grove municipal park: Bounded by Walnut, Live Oak Avenue, and Park Boulevard; B.Giorno park: Situated next to Anton stadium and lying between Giorno Avenue and Park Boulevard; C.Carpenter park: Bounded by Clay Street and Main Street; D.McGarvey park: Bounded by Stephenson, Bush, Dora, and Clay Streets; E.Oak Manor park: Bounded by Oak Manor Drive, Gobbi, and Gibson Streets; F.Seminary Avenue: Bounded by Oak and State Streets; G.Vinewood park: Situated between Elm and Pine Streets; H.Municipal golf course: Situated along Live Oak Avenue and Park Boulevard; (.Gardner Pocket park: Situated within parking lot A; J.Alex R. Thomas, Jr., Plaza: Bounded by State, School,- and Clay Streets; K.Observatory park: Situated between Observatory Avenue and Luce Avenue; L.Orchard park: Bounded by Orchard Avenue and Cindee Drive; M. Riverside park: Situated at the east end of Gobbi Street and bordered on the east by the Russian River. N. City View Trail: Situated on the City-owned property above the Ukiah Municipal Golf Course in the lower western hills. The 1.5 mile looped trail begins and ends at a point in Low Gap Regional Park. 0. Ukiah Skate Park on a portion of the City-owned property known as Mendocino County Assessor's Parcel No. 001-020-09 adjoining the County Regional Park on Low Gap Road, which is improved with a Skate Park. SECTION TWO Section 2000.3 is added to the Ukiah City Code to read as follows: SECTION 2000.3: UKIAH SKATE PARK RULES AND REGULATIONS: 1. PURPOSE. The purpose of this section is to comply with California Health and Safety Code Section 115800 that requires a public agency that owns or operates a skate park facility to adopt an ordinance requiring persons riding skateboards, in-Line skates, and other self-propelled wheeled apparatus at said facility to wear a helmet, elbow pads, and knee pads. 2. DEFINITIONS. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning. CONTROLLED SUBSTANCE. Any substance listed in California Health and Safety Code Sections 11054-1056, as amended from time to time. DAWN. One (1) hour prior to sunrise. DUSK. One (1) hour after sunset. ELBOW PADS AND/OR KNEE PADS. Protective devices that are partially constructed of durable foam-like materials for ground shock resistance that are fitted and fastened to cover the elbows and knees (respectively) and are specifically designed and manufactured to absorb the impact of a fall. HELMET. A properly fitted and fastened protective device that meets the standards of either the American Society for Testing and Materials (ASTM) or the United States Consumer product Safety Commission (CPSC) that is worn on the head and is specifically designed and manufactured to absorb the impact of a fall. IN-LINE SKATES. Any device which may be attached to the foot or footwear, to which wheels are attached "in-line" and where such wheels are used to aid the wearer in moving or propulsion. ROLLER SKATES. Any device which may be attached to the foot or footwear, to which four wheels or rollers are attached and where such wheels are used to aid the wearer in moving or propulsion. 2 SKATEBOARD. A mechanism with wheels that are fastened to a platform, commonly constructed to accommodate a standing person. Skateboards are normally propelled by the operator pushing off the ground with one (1) foot, or by the force of gravity. SKATE PARK. A facility designed and constructed for recreational use for persons using in-line skates, roller skates, and skateboards, located at Low Gap County Park on Low Gap Road, Ukiah. 3. HELMETS, ELBOW PADS AND KNEE PADS REQUIRED. No person shall be permitted to ride skateboards, in-line skates, or roller skates in the Skate Park unless that person is wearing a helmet, elbow pads, and knee pads. Any person who does not wear a helmet, elbow pads, and knee pads as defined herein shall be deemed to be in violation of this ordinance. 4. POSTING OF SIGNS AT SKATE PARK. Signs shall be posted at the Skate Park giving notice that any person riding a skateboard, in-line skates, or roller skates must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation and prohibition of use of the facilities for one year. Signs shall also be posted setting rules for use of the Skate Park, and violation thereof will be subject to citation. An example of a sign conforming to the requirements of this subsection 4 is attached hereto as Exhibit A. 5. REGULATION OF USE AND RULES OF CONDUCT. Any person using the Skate Park shall comply with the following rules and regulations: A. The hours of use of the Skate Park shall be from dawn to dusk. Use of the park at any other time is prohibited unless a special permit is secured and approved by the City Manager or his or her designee. B. No skating when wet, raining, during routine maintenance periods, or when facility is closed to the public. C. While in-line skating, roller skating, or skateboarding, the participant may only use those areas designated for skateboarding or related skating activities. D. While using the facility, the participant must use personal safety equipment comprised of at least a helmet, elbow pads, and knee pads. E. No food or drink shall be allowed in the skating area of the Skate Park. F. No glass containers shall be allowed in the Skate Park. G. No littering or disposal of household refuse shall be allowed at the Skate Park. H. No barbecues or fires are allowed at the Skate Park. 1. No moveable obstacles or materials (i.e. ramps, jumps, or obstacles) shall be allowed in the park. No modifications to the skating surface or features are allowed. No skating on park structures not specifically designed for that purpose. No skating on curbs, driveways, or parking lots. J. The use of bicycles, motorized vehicles, go-peds, other wheeled devices is not permitted in the Skate Park. K. No pets shall be allowed in the Skate Park. L. No amplified sound (i.e. stereos, radios, or similar devices) shall be allowed in the Skate Park unless permitted and approved by the City Manager or his or her designee. M. Any act of vandalism, including the placement of graffiti, anywhere in or on the park is prohibited. The Skate Park will be closed until any graffiti is removed and/or any other act of vandalism is remedied or repaired. In addition to other penalties provided herein, any person committing an act of vandalism in the 3 Skate Park, including putting graffiti on any part of the Skate Park, shall pay for the cost of removal and damages relating thereto. N. Personal conduct and behavior. The following are prohibited in the park area at all times: 1. Possession or use of any controlled substance or alcohol; 2. Being under the influence of any controlled substance or alcohol; 3. Fighting, aggressive behavior, or other forms of violence; 4. Abusive, profane, or foul language; 5. Possession or use.of firearms, knives, or other weapons of any kind; and 6. Smoking or use of tobacco products. 0. Everyone shall treat each other with respect and courtesy. 5. ORGANIZED EVENTS - APPROVAL REQUIRED. Organized events require the prior approval of the City Manager or his or her designee. Applicants for organized events shall obtain a permit from the Community Services Department. 6. PENALTY FOR VIOLATION AND ENFORCEMENT OF RELGULATIONS. Violation of this Section shall be deemed an infraction punishable by a fine of $100 or a first offense, $250 for a subsequent offense, and $500 for a third and any additional offenses thereafter. Multiple (three or more) violations of this section within a twelve- month period may be charged and prosecuted as misdemeanors. The Director of Parks and Recreation or his or her designee may prohibit any person citable for a violation of this section from using the Skate Park for a period of up to one (1) year, the length of such exclusion to be based on the age of the violator, the risk of injury posed by the violation, and the degree of willfulness of the violation. Any person who has been excluded from the Skate Park and violates that exclusion shall be in violation of this Section. The City Manager or his or her designee may close the Skate Park to public use for any period of time, if he or she determines that violations of this section have become excessive and beyond the enforcement capacity of the City. In the event of closure, signs to that effect shall be posted and any public use of the Skate Park during such a closure shall constitute a violation of this Section. SECTION TWO 1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment.) ' 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 4 3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. Introduced by title only on October 6, 2010, by the following roll call vote: AYES: Councilmember Landis, Crane, Rodin, Baldwin, and Mayor Thomas NOES: None ABSENT: None ABSTAIN: None Adopted on , 2010, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Benj Thomas, Mayor ATTEST: JoAnne Currie, City Clerk 5 Exhibit A UKIAH SKATE PARK RULES HOURS OF USE Dawn to Dusk (unless otherwise posted) HELMETS, ELBOW PADS AND KNEE PADS MUST BE WORN AT ALL TIMES No person shall be allowed to use the skate park without wearing a helmet, elbow pads and knee pads PARK USE REQUIREMENTS Obey the rules and regulations Act with respect and courtesy PROHIBITED IN THE PARK Skating or skateboarding outside designated areas Drugs, alcohol or being under the influence Fighting or other violence Firearms, knives or other weapons Smoking or use of tobacco products Amplified sound Food or drink Bicycles or scooters Moveable obstacles or materials such as ramps and jumps GRAFFITIIVANDALISM WILL RESULT IN PARK CLOSURE TRESPASSING AND VIOLATING RULES AND REGULATIONS IS UNLAWFUL PENALTIES INCLUDE CITATION, PROSECUTION, FINES AND LOSS OF USE PRIVILEGES 6 ITEM NO.: MEETING DATE: cxta Q}_ 2iF AGENDA SUMMARY REPORT October 20, 2010 SUBJECT: REPORT OF ACQUISITION OF PROFESSIONAL CONSULTING SERVICES FROM EBA ENGINEERING FOR PREPARATION OF MANDATED REPORTS FOR THE UKIAH LANDFILL Background & Discussion: In compliance with Section 1522 of the City Code, this report is submitted to the City Council for the purpose of reporting the acquisition of professional consulting services costing more than $5,000 but less than $10,000. The Public Works Department obtained a proposal from EBA Engineering for preparation of the third quarter detection monitoring report, the fourth quarter landfill gas monitoring report and filing respective data with State Geotracker Services for the Ukiah landfill. Staff reviewed the proposal and found the proposed fee of $5,462 to be commensurate with the scope of work. The quarterly reports are mandated requirements of the Regional Water Quality Control Board. Staff is in the process of developing a request for proposals for an extended contract for environmental compliance monitoring and reporting for the Ukiah landfill. Fiscal Impact: Budgeted FY 10/11 F-1 New Appropriation Not Applicable Budget Amendment Required F-1 F Amount Budgeted Source of Funds (title and Account Number Additional Appropriation Requested $105,000 Landfill fund 660 660.3401:250.005 Recommended Action(s): Receive and file report of the acquisition of professional services from EBA Engineering in the amount of $5,462 for preparation mandated reports for the Ukiah landfill. Report is submitted pursuant to City Code. Alternative Council Option(s): N/A Citizens advised: None. Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Rick Seanor, Deputy Director of Public Works - Engineering & Streets Coordinated with: Jane Chambers, City Manager 40- Attachments: None. Approved: an' J Chambers, City Manager ITEM NO., MEETING DATE: C`i4y art AGENDA SUMMARY REPORT 7f. October 20, 2010 SUBJECT: REJECTION OF CLAIM FOR DAMAGES RECEIVED FROM BARRY VOGEL, ESQ. ON BEHALF OF KRISSA ARNOLD-KLEIN, AND REFERRAL TO JOINT POWERS AUTHORITY, REDWOOD EMPIRE MUNICIPAL INSURANCE FUND Background: A claim filed by Barry Vogel, Esq. on behalf of Krissa Arnold-Klein, was received by the City of Ukiah on September 16, 2010 requesting reimbursement for damages relative to an incident that occurred on March 18, 2010. Discussion: Pursuant to City policy, and Government Code Section 935.4 which requires claims exceeding $50,000 to be presented to City Council, it is recommended the City Council reject this claim as stated and refer it to the Redwood Empire Municipal Insurance Fund (REMIF). Fiscal Impact: ❑ Budgeted FY 08/09 1-1 New Appropriation I-XI Not Applicable ❑ Budget Amendment Required Recommended Action(s): Reject claim for damages received from Barry Vogel, Esq. on behalf of Krissa Arnold-Klein, and refer it to the Joint Powers Authority, Redwood Empire Municipal Insurance Fund. Alternative Council Option(s): Alternative action not advised by the City's Risk Manager.. Citizens advised: Yes Requested by: Claimant Prepared by: Melody Harris, Director, Human Resources/Risk Manager Coordinated with: Jane Chambers, City Manager Attachments: 1 - Claim of Krissa Arnold-Klein Approved an Chambers, City Manager 1 LAIN OFFICES OF BARRY VOGEL BARRY VOGEL, SBN 60141 2 BRINA LATKIN, SBN 260829 RECEIVED P.O. Box 383 CITY ,OF UKIAH 3 Ukiah, California 95482 4 Telephone: (707) 462-6541 Fax.: (707) 46Z-3253, S E P 16 ?010 5 .6 7 8 9 10 11 12 13 14 15 16 .1.7 18 19 20 21 II Attorneys for KRISSA ARNOLD-KLEIN CITY CLERK DEPARTMENT CLAIM FOR DAMAGES AGAINST GOVERNMENT ENTITIES KRISSA ARNOLD-KLEIN, Claimant, vs... CALIFORNIA BUREAU OF NARCOTIC" ENFORCEMENT ASMENDOCINO MAJOR CRIMES TASK FORCE; COUNTY OF MENDOCINO; CITY OF UKIAH; CITY OF WILLITS; PETER HOYLE AND RAYMOND HENDRY, I'NDYIVID'UALLYAND IN THEIR OFFICIAL CAPACITIES AS AGENTS OF THE MENDOCINO MAJOR CRIMES TASK FORCE, Government Entities. Date of Injury: March 18, 2010 . . 22, 23 Introduction This is a claim to redress grievances for physical and emotional in'uries 24 1 to Claimant 25 as a direct result of gross negligence, intentional acts and negligent acts of the named 26 respondent law enforcement, officers. and ther law enforcement agencies that employ them. 27 Their actions are a consequence of, and reveal a pattern and practice, under color of law, 28 of a failure to supervise and train and of repeated violations of the policies of the State of KRIS SA ARNOLD-KLEIN CLAIM AGAINST GONE I RNIv1ENT ENTITIES. AND•AGENTS HOYL• E AND•$ENDRY 1 I California, Department of Justice, Bureau of Narcotic Enforcement (BNE), of which the 2 Mendocino Major Crimes Task (Task Force) is the BNE regional drug task force. These 3 policies are intended. to protect the constitutionally.guaranteed civil rights of the people of 4 Mendocino County, California. 5 This claim is filed pursuant to the First and Fourth .Amendments to the Constitution 6 of the United States; the Civil Rights Act, 42 U.S:C.1983; the Constitution of the State of 7 $ California; and Sections 910.et.-seq., of the'California Government Code. 9 The Claimant is Krissa Arnold-Klein, whose residence is 201 Holly Street, Apt #8, 10 Willits, California, 95490. All communications and correspondence are to be sent to her in 11 care of her attorney, Barry Vogel, Esq., PO Box 383, Ukiah, California 95482, phone 707 12 462.6541:, The -amount,of,,this,.,claim exceeds*$25 000.00 ands an unlimited-..civil-matter. 13 The respondents are Officer Peter Hoyle of the Ukiah Police Department and Deputy 14 Sheriff Raymond Hendry of the. Mendocino County. Sheriffs Department, each as 15 individuals and. in their capacity as sworn law enforcement officers; the County of 16 Mendocino which is responsible for the Mendocino County Sheriff's Office and the 17 Mendocino County District Attorney's Office; the. Mendocino County Major Crimes Task 18 Force as an adjunct of the California Department of Justice Bureau of Narcotic . 19 enforcement; the City of Ukiah; and the City of Willits. 20 Deputy Sheriff Raymond Hendry is assigned to the Task Force by the Mendocino 21 County Sheriff:. Officer. Peter..Hoyle is assigned. to the.Task.Force ..by,..th.e-.Gity..af:.Ukiah. 22 . The City of Willits either 1) had officers present during the events described herein who 23 failed to stop the civil rights violations and the resulting injuries, described herein, or 2) 24 knew or should have known of the pending execution of Search Mrran C10-:0106. `'This 25 -knowledge would have allowed an opportunity for the Willits Police:;Officers-#o°;; intervene 26 and prevent the harm caused to Claimant. The Respondents' addresses, are~set:_for the in 27 h , Exhibit 1, attached hereto. 1 { 1 28 z KRISSA ARN `-KLEIN CLAIM AGAINST GOVERNMENT ENTITIES- ND AGENTS HOYLE AND HENDRY 1 The following informa 2 tion sets forth the Bureau of Narcotic Enforcement policies with which the Mendocino Major Crime 3 s Task Force.must comply. It then sets out the factual 4 history of the events that occurred on March 18, 2010 and details the failures of the Task Force agents to comply with their owrrpolicies'and'the controlling law. 5 6 Policies of The Mendocino Major Crimes Task Force .7 The Bureau of 'Narcotic Enforcement has established specific policies set 8 forth in its "Field Enforcement Operations Manual" (FEOM) of the BNE, a copy of which is 9 attached hereto as Exhibit 2, the agency's policies regarding search. warrants. These 10 policies, for the most part, appear to be directed to conform to the United States Supreme 11 Court interpretations of the Fourth Amendment protections, as well. as the protection of 12 persons and law enforcement officers involved in obtaining and executing a search warrant. 13 The applicable sections of the FEOM include, but are not limited to: 14 "It is the policy of the Department of Justice's regional drug' ru task forces 15 the obtaining- and serving search or arrest warrant b regional drug that be done in a professional manner with adherence to legal, procedures and 16 requirements. Concern and respect for the civil rights and dignity of those persons and their property upon who the warrants are served or with whom the agents come .17 in,contact during such service a're required of agent. personnel."I 18 Said FEOM further states: 19 . "Prior to initiating the service of a search warrant.... agent personnel 20 shall make every effort to obtain accurate identifications and descriptions of suspects and premises by survielling the location (s)..."2 21 22 ."In preparing affidavits on which warrants. will be based,, the... affiant shall take all... steps necessary to- ensure• accurate and complete 23. information."3 24 "It is the general policy of the California Department of Justice, and therefore the Bureau of Narcotic Enforcement's regional drug.task forces, 25 that all affidavits •and related documents prepared in -support of a -search 26 27 I FEW Section 8.1 28 2 FEW, Section 8.3 3 FEW, Section 8.4 3 KRISSA ARNOLD-KLEIN CLAIM AGAINS.T.GOVE RNMENT ENTTfIES AND• AGENTSt.HOYLE AND.HBNDRY 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1.7 18 19 20 21 22 23 24 25 26 27 28 warrant... be subjected to legal review prior to submission to a magistrate. The required legal' review may be accomplished by the county, state or federal prosecutors, as appropriate.. "4 "Prior to conducting a task force field enforcement operations, such as search... warrant... or surveillance, the Task Force Commander shall, when practical, ensure that an operational plan is completed and distributed to all participating personnel and the radio dispatcher. Prior to the operation, the operational plan will be reviewed and approved by the Task Force Commander."5 The operational plan will include 16 points. It further states, "Whenever possible and appropriate, a uniformed officer from the local jurisdiction should be present during the... search warrant operation for liaison purposes." "Prior to field enforcement actions such. as service of... search warrants... a briefing of all agents and officers involved should be conducted by the Task Force Commander, case agent, or local officer having a thorough knowledge of the. case. This briefing will include a -review of the. operational plan;--assignments, duties, thorough, identification and description of suspects and premises... Photographs of suspects and premises should be available."6 "While conducting... service of search warrants... agents shall have... a4 first aid kit available-."T "No 'agent shall... attempt to arrest a suspect unless accompanied by another agent or law. enforcement officer, except in unusual cases."8 "When an injury occurs during a field operation a separate memo will be prepared by the involved agent(s) and submitted through the chain of command to the Special Agent in Charge of the supervising regional BNE office, detailing the circumstances of the... injury and the medical treatment administered."9 "in the event ' of... entry into the wrong premises or alleged misconduct on the part of a regional task force.employee, the responsible task force commander or senior agent on the scene will report. the circumstances of such incident to the Special Agent in Charge, who will immediately. notify the Bureau Chief of Deputy Chief."IO 4 FEW, Section 8.5 5 FEOM, Section 8.6, Operational Plan. 6 FEOM, Section 8.6a 7 FEOM, Section 8.10 8 FEW, Section 8.12 9 FEOM, Section .8.12 Io FEW, Section 8.18 KRISSA ARI( -)-KLEIN CLAIM AGAINST GOVERNMENT ENTITI 'ND AGENTS HOYLE AND HENDRY 1 2 3 4. 5 6 7 8. 9 10. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Incompetent Preparation of Search Warrant by Mendocino County Deputy Sheriff Raymond Hendry The affidavit in support of the requested search warrant was authored by Hendry. In, preparation of the search warrant Deputy Hendry failed to follow the required policies and duties. of the Bureau of Narcotic Enforcement agents described above. Specifically Hendry failed to: 1. Establish- a. positive connection between the suspects and the situs to be. searched. Both of these requirement are absent from the affidavit in support of the search warrant and the search warrant. 2. Obtain accurate identification, description and address of each suspect and of the premises to be searched. Competent law enforcement investigation would include a CLETS report of the name of each suspect to determine if he or she was on probation or parole and the terms thereof." 3. Verify the accuracy of information presented by the confidential informants by:I2 a. Taking the informants in a covert manner to 201 Holly Street to identify the correct. apartment.. b. Checking the suspects' names and apartment number , in the Haines Reference or similar publicly available guide; contacting PG&E; or the City of Willits. Obtain subscriber information by checking public utility records,. the Haines Cross Reverence, The City of Willits records, etc. c. Get copy of California driver's,, license or, . identification, card- from 'the Department of Motor Vehicles, and show it to the informant to determine suspect identity II See infra p.15 18 12 See id. KRISSA ARNOLD-IfLEIfdCLAIMAGAINSTGOVERNMEI~T ENTITIES,-AND,AGENFS• HOY-LB AND,HENDRY 1 d. Send a uniformed officer to 201 Holly Street, Apt. 8, Willits, with a pretense 2 question to observe the premises from the front door and identify the 3 occupants. 4 4. Establish independent information linking the suspects named in the warrant with 5 201 Holly Street, Apt 8: 13 6 5. Obtain legal review of the affidavit and related documents from the Mendocino 7 8 County District Attorney's Office prior to submission to Judge Nelson for issuance of 9 the warrant.14 10. 6. Complete an operational plan for the execution of the search warrant for 11 presentation to and approval by the Task Force Commander. 12 7. Arrange for a ,uniformed Willits-•Pol.ice.OfFcer.to. be present during the. search. 15 13 8. Conduct a pre-operation briefing of all agents and officer, including intelligence from 14 the so called Citizen Informant, determining if there may be guns, dogs, an 15 opportunity to escape; etc.16 16 Search Warrant MC10-0106 authorizing a search of 201 Holly Street, Apt. #8, 17 Willits, California, does not include the names of any of the three residents in apartment 18 #8,17 Tessa Garcia, a person named in Search Warrant MCI 0-6106 does not reside at 201 19 Holly Street, Apt. #8, Willits, California. Rather, as revealed in the Investigation Report of 20 her March "I 8, 2010 arrest, she resides in Apt. #12.18 21 IMPROPER EXECUTION.OF.SEARCH WARRANT 22 23 13 See infra pp. 1.5 -17 and 19-19. 14 FEOM; Section 8.5. See also infra pp. 15-18 and 20 - 23.. 24 15 FEOM, Section 8.6 25 16 FEOM, Section 8.6a 17 See: Exhibit 3 -Affidavit in Support of Search Warrant MC10-0106; Exhibit 4 -Search Warrant MC10- 26 0106; and Exhibit 5 - Return of Search Warrant MC10-0106. 18 The court's file in Mendocino County Superior Court Case Number MCU K-CRCR-1 0-0011491-002, People 27 v. Tessa Lynn Garcia, contains a motion to traverse Search Warrant MC10-0106 which was filed on August 25, 2010. Said motion contains a copy of the Investigation Report of Garcia's arrest.written by Hendry, dated 28 March 20, 2010, and approved by Robert Nishiyama, Special Agent Supervisor, Bureau of Narcotic Enforcement. A true copy of the Investigation Report its attached as Exhibit 8. KRISSA AR~ :)-KLEIN CLAIM AGAINST GOVERNMENT ENTITIF " AND AGENTS-HOYLE AND-HENDRY. 1 Approximately one hour after the issuance of Search Warrant MC 10-0106, on 2 March 18, 2010,. Hoyle and others,19 including a police officer whose name is unknown to 3 Claimant, arrived at*Claimant's residence, where she lives with her mother, Marigold Klein 4 and her 14-year-old brother, Benjamin Klein. Hoyle knocked on the door of Apartment #8 5 which was then opened by Claimant's mother. Hoyle barged in alone20 and closed the 6 7 door, leaving an unknown police officer outside. The Search Warrant did not authorize any 8 officer to enter the premises alone and the operations manual and county protocols require .9 that two or more officers enter every premises searched pursuant to warrant. Hoyle 10 claimed he had a search warrant but failed to show it or offer it to Claimant's mother. 11 Hoyle then ordered Claimant's mother sit in the front room and not to move. He 12 then rushed down the hallway to Claimant's bedroom acting, as if he knew the layout of the 13 apartment and who occupied which room.21 'Claimant, having heard a commotion in the 14 front of the apartment,. got up and opened her bedroom door: Hoyle pushed his way into 15 Claimant's bedroom shouting at her to "get down, get down"without announcing he was a 16 police officer, that he had a search warrant, or offering to show same. Claimant did not 17 know who he was or why.,he was pushing his way-into her bedroom: 22 18 Instead of directing Claimant to come out of her bedroom and into the hallway, or 19 taking hold of her arm and leading her out of her bedroom, Hoyle, according Claimant, 20 grabbed her by the shoulders and violently hurled her to the floor.23 If he was really 21 concerned for his safety, he should have handcuffed her rather than putting his flashlight 22 away. The normal procedure is not to clear a room and handcuff at the same time unless 23 there are more than one police officer present. He needs to control the person's hand. 24 25 26 ""19'Tfie number of officers present at Claimant's is in dispute as described above.- 20 See declaration of Claimant's mother Marigold Klein. 27 21 The affidavit in support of the search warrant did not reveal that the police officials knew the layout of the apartment. 28 22 See infra pp. 19 - 20 and 23 - 26. 23 See id. 7 KKISSA ARNOLD-KLEIN CLAIM AGAINST GOVERNMENT. ENTITIES-AND •AGENTS-HOYLEAND HENDRY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28. This is done by throwing the suspect on. the bed. The police officer should direct the suspect to stand up, turn around, put his hands behind his back. Suspects should then be detained all. together ..in..a room. that is not. being..searched -and served with a Penal Code Section 832 statement that tells them that they have not been arrested and that they are only being detained. Hoyle and Hendry failed on all accounts. Hoyle's Investigation Report # MC10-0107,24 a copy of which is attached as Exhibit 6, states Hendry and he went to Claimant's apartment at approximately 2:30 p.m. on March 18, 2010. The fact Claimant.and Hoyle differ on who entered Claimant's home is diminimus. There is no dispute that. her home was incorrectly identified, and there is no dispute that Hoyle was at Claimant bedroom door when she opened it, from inside her bedroom.: Hewrites,-.,on.page two, -."the. room°was dark behind. -Kr..issa...and (he) was not .able to ascertain if there were additional people in the room." Hoyle's report states that he "was the sole officer in the hallway, there were additional rooms that hadn't been cleared and . Krissa was in a darkened room that hadn't been cleared." Hoyle reports that he pushed '`Krissa backwards onto the bed "where she fell "backwards onto her back."25 Hoyle's violent force threw Claimant off balance forcing the full weight of her body to. fall to the floor on her left wrist at the point of two previous surgeries. This violence caused Claimant immense physical and emotional pain including potential permanent personal injury. 26. The facts are,clear.•that Hoyle intended-to and djd..pus.h.Claimant.backwards .causing- her to fall, as he says onto her bed in a darkened room: Proper police- practice would preclude an officer from going into a darkened room without sufficient covering officers to illuminate the room, search for occupants, weapons, or other dangerous conditions in a 24 Hoyle's Investigation Report #MC10-0107 internally has the number MC10-0108. It is referred to here as MC10-0107. 25 See id. 26 See id. KRISSA ARNf KLEIN CLAIM AGAINST GOVERNMENT ENTITIES=, SID AGENTS HO'YLE AND HENDRY 1 2 3 4 5 6 7 8. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 safe manner. Further, if a person hasa gun or other weapon in the room it would likely be on or near the bed. Hoyle's conscious disregard for Claimant's safety.caused her to suffer the physical and emotional damages described herein.27 Additionally Hoyle's actions reveal his, inadequate training and supervision. 28 Hoyle then realized, perhaps on his own, or on comments from Hendry if Hendry was in fact present, that Apartment 8 which he and Hendry were searching was the wrong, apartment.andi that, Search Warrant # MC 10-0106, in' anticipation of which he and Deputy. Hendry met with "a Confidential Informant in the Willits area" on March 17, 2010, contained incorrect information. He hurriedly left stating that he would be back in fifteen minutes and directed Claimant and her mother to remain in the apartment. In immense. pain and sobbing,.. Claimant got up from the floor.and holding her injured wrist went to the living room where her mother was still sitting. Claimant's mother took Claimant to Howard Hospital Emergency Room. for treatment. Hoyle, in his. Investigation Report MC10-0107, states Claimant "made no complaint regarding her wrist," yet he wrote that he drove to Ukiah and back (almost 50 miles) to obtain,. ice packs. for..:C.laimant, items, easily obtained -in, Willits. This questions his judgment, further exemplifying the lack of training and supervision of Task Force members. Nonetheless, Hoyle returned to Claimant's home and was informed she had gone to Howard Hospital Emergency Room. Hoyle then went to Howard Hospital where in a phone conversation he was overheard requesting that his department pay Claimant's emergency room bill. He was then overheard telling Howard Hospital personnel that the bill for Claimant's medical services would be paid by his department. . Hendry's report, as noted in the conflicts described above (whether Claimant was violently thrown, onto r, floor' o'r the bed and whether Henry was present in the 27 Physical and psychological medical reports of Claimant's injuries are attached as Exhibit 7. 28 See id. KRISSA ARNOLD-KLEIN CLAIM AGAINST GOVERNMENT ENTITIES ANDAGENTS HOYLE AND HENDRY . 1 apartment),29 states he and Hoyle responded to the area of Holly Street and Poplar Street, 2 in Willits (the intersection at which 201 Holly Street is located). They found and arrested 3 the persons .named In Search-Warrant..MCa 0-0106, however.th.e_,report does not indicate .4 which apartment number was searched. 30 5 The Return of Search Warrant MC10-0106,31 prepared, signed and sworn to by 6 Deputy Hendry under oath states he did search the, premises pursuant to the search 7 8 warrant, Apartment 12, but no search warrant was issued authorizing the search of 9 Apartment 12. The only search warrant issued was for Apartment 8. The incident report 10 detailing the search of Apartment 12 and the arrest of the persons named in the. Search 11 Warrant MCI 0-0106 falsely implies a- search warrant was obtained for Apartment 12.32 Nowhere in'eithaT.the.investigation Tep'ort.or:..the -Return of the-Search Warrant MC10-0106 12 13 is any notation made that the wrong apartment was initially searched.33 14 At the conclusion of the execution of the search warrant at Claimant's residence, 15 201 Holly Street, Apt #8, Willits, California, no Task Force member involved: 16 1. Conducted a debriefing as described above.34 17. 2. Reported, as required, 35 the mistaken entry into Apt 8, or the injuries caused by the 18 misconduct of Officer Hoyle, to the Special Agent in Charge and the Bureau of 19 Narcotic Enforcement. 20 3. Reported, as required,36 the injuries Hoyle inflicted on Claimant. 21 The.following day,. March 19,..2010, Hoyle returned -to.Zaimants.apartment, 22 and pressured Claimant's mother to "meet with his boss to settle things." Hoyle told 23 24 29 See supra pp. 15 -17. See also infra..p..20-23. 25 30 Exhibit 8. 31 Exhibit 5 26 32 See Investigation Report in MC10-0106, attached hereto as Exhibit 8. 33 See infra p.23. 27 34 Ditto Section 8.8 28 35 Ditto Section 8.18 36 Ditto Section 8.12 10 KRISSA ARNO LEIN.CLAIM AGAINST GOVERNMENT ENTITIES ' AGENTS HOYLE AND HENDRY Claimant's mother "in his. 30 plus years of this work he'd never before got the wrong 2 3 apartment and hurt the wrong person." Claimant was trembling with fear in the adjacent •4 room while Hoyle was present. 5 Further, on March 19, 2010, Hoyle again -went to Howard Hospital and stated 6 that the Ukiah Police Department wanted to pay for Claimant's bill. Hoyle stated he was 7 "just the go-between and not the officer involved" and was "adamant about.getting the bill 8 paid and that his supervisor wanted it "taken care of that day.37 9 On March 19, 2010, Claimant's mother called Sheriff Tom Allman's office for 10 an appointment and was given one prior to stating her name. The appointment was 11 canceled and no new appointment was ever made due to the Sheriff's relationship with the 12 Task. Force. 13 That day Hoyle returned to Claimant`s home pressuring her to talk to his 14 "boss." The family was frightened-they left for several days in fear of their personal. safety. 15 Due..to H.oyle's unwanted visits and in.. fear for her family's safety, .Claimant's 16 mother contacted Gerry Gonzalez, Chief of the Willits Police Department, by email on 17 March 21,'2010 to .request a restraining order:. against Hoyle. Chief. °Conzalez reached 18 Claimant's. mother by phone and reported that he spoke with Hoyle's boss, Ukiah Police 19 Capt. Trent Taylor, and reported that there was a commitment that Hoyle would not call or 20 come to Claimant's home again. Chief Gonzalez further told Claimant's mother that 21 Officer Taylor would be happy to sit down with Claimant and her mother and see what. they 22 could workout. Chief Gonzalez's comments were communicated in part by email.38 23 Thereafter Claimant and her mother reported Hoyle's assault to the Willits 24 Police Department.39 Said report was referred to the Mendocino County District Attorney 25 26 27 37 See NOTES ENTRY INQUIRY from Howard Hospital, attached as Exhibit 7. 28 38 Email between Marigold Klein and Gerry Gonzalez, attached as Exhibit 9. 39 Report to Police by Marigold Klein, attached as Exhibit 10. II KRISS-A ARNOLD KLEIN CLAIM AGAINST, GOVERNMENT..,ENTITIES: AND•AGENTS HOYLE,AND MgDRY 1 who, as of this filing,. has taken no action. 40 2 Pattern and Practice of Incompetent Supervision of Law Enforcement 3 The summary and details of Investigation Report MC10-0106, signed by Hendry and 4 approved by Nishiyama conflict with Investigation Report No. MC10-0107,41 dated March 5 22, 2010; also signed by Hendry and approved by Nishiyama, dated March 29, 2010.42 6 No amendment to the Investigative Report of Garcia's arrest was made to correct or 7 8 explain the contradictions in the two reports.43 9 .Hendry reports in the initial summary of-MC10-0107 that he, "Agent Hoyle and. 10 Officer Jeff Andrade conducted a search warrant at 201 Holly Street Apartment 8." 11 However on page 2 of said report he claims he and. Hoyle arrived at 201 Holly St., Apt 8, 12 Willits-441. 13 In response to a public records request, the Administrative Supervisor of the Willits .14 Police Department wrote on August 5, 2010, that "there .were no reports taken by Officer 15 Andrade."45 Willits Police Chief wrote in an email dated August 5, 2010, that Officer 16 Andrade "Was not present at the time of the incident involving the Klein's," (sic.)46 17 This Garcia arrest Investigation Report MC10-0106 states nothing about the search 18 of Claimant's residence 'at Apt. 8. However, what is worse and demonstrative of the 19 pattern and practice of incompetent police work and lack of adequate supervision on the 20 part of the law enforcement agencies named herein, is. found in the third paragraph on 21 page two, under "DETAILS OF_.INVESTIGATION." Identifying himself and..Hoyle., ..De.puty 22 Hendry wrote: 23 24 40 See infra p. 20 - 23. 41 Investigation Report MC10-0107 is attached as Exhibit 6 25 42 See id. 26 43 See id. 44 See id. 27 45 Letter signed by Tobey J. Dale, Administrative Supervisor, Willits Police Department, dated August 8, 2010. These documents were provided in response to a public records request. It is unclear why they were 28 stamped "Do Not Duplicate." 46 Email between Barry.Vogel and Gerry Gonzalez <gonzaleg@co.mendocino.ca.us>, attached as Exhibit 11. 12 KRISSA ARI _ )-KLEIN CLAIM AGAINST GOVERNMENT ENTI TI ° `ND AGENTS HOYLE AND HENDRY 1 . 2 "We contacted the driver who identified himself as Bradlee Beck. I know for (sic) Beck to be Tessa Garcia's current boyfriend. Beck told Agent Hoyle he was on 3 county probation with a search clause."47 4 As noted on page 5, line 12, above, if a CLETS report had been obtained 5 substantial data would have been found that should ' have avoided the wrongful entry into 6 Claimant's home and the injuries she suffers. 7 Hendry's affidavit in support of Search Warrant MC10-0106 was not subjected to 8 "the required .legal review" -mandated in Section 8.5" of the BNA Field . Enforcement 9 Operations Manual, indentified on page 6, lines 7 - 9 above. 10 This failure is, however, not unique. Of the 160 affidavits in support of search 11 warrants issued between January 1, 2010 and July 23, 2010, and lodged with the 12 Mendocino County. Superior. Court. Clerk, 36 search warrant- applications- do not indicate 13 they were presented to any prosecutorial agency for review.48 14 The conflicts revealed in the'several Investigation. Reports and the lack of due 15 diligence on the part of law enforcement to see that mandated policies and- procedures are 16 followed is unacceptable. It demonstrates a pattern and practice heralding the want of 17 supervision: and direction, repeatedly occurring within rnultipie levels of the Task Force, the 18 District Attorney's Office and other law enforcement agencies in Mendocino County.49 19 This gross negligence, apparently compounded by intentional deceit in some cases; 20 leaves the people of Mendocino County to believe that their Fourth Amendment protections 21 will continue to be violated.. Further these violations. should .put, the. BNE. on notice. that the 22 Task Force they allegedly supervise in Mendocino County is out of control. 23 24 Claimant's Damages 25 The full extent of Claimant's damages is unknown at this time. MRI of May 12, 26 27 47 See infra . PP• 20 - 23. . 28 48 See id. 49 See id. 13 KRISSA ARNOLD-KLEIN CLAIM.AGAINST GOVERNMENT ENTITIES.AND.AGENTS HOYLE AND HENDRY 1 2 3 4 5 6 7 8 9 10 11 12 1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2010 shows a recurrence of her ganglion cyst. She continues to suffer pain in her wrist in doing ordinary daily activities including, but not limited to, carrying light weight items without resulting.pain.,She. was ,.not,able. to. drive or ,.type after the attack. ..S.urgery is a definite possibility. In addition and since the attack on her by Hoyle Claimant has been difficulty sleeping; has a fear of police in general and Hoyle in particular, and is especially afraid that he may return and attack her again. She *is afraid when unknown people knock at her door; is startled by loud noises; and fears for her safety. She has left the Willits area for her own .protection. Claimant has authorized settlement of this matter under the following terms and conditions: 1 °_Paymenfi for -personal injuries- and °violations of'4ier, Constitutional -Rights--in the amount of $350,000.00; 2. Establishment of an oversight commission to review actions of the Mendocino Major Crimes Task Force that will monitor their activities to be sure it will follow its operations manual and the Constitutions and laws of the United States and the State of California; and not continue to violation the civil rights of the people of Mendocino County, California. I declare under penalty of perjury under the laws of the State of California that all the information provided above is true and correct to be best of information and belief. Dated: September 15, 2010 LAW OFFICE OF BARRY VOGEL By BARRY V GEL, Esq. BRINA LATKIN, Esq. Attorneys for Claimant KRISSA ARNSf '-KLEIN CLAIM. AGAINST GOVERNMENT ENTIMQ "",TD HEINDRY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 '27 28 The Following Points and Authorities in Support of Claim of Krissa Arnold-Klein Are Provided to Respondents in an Effort to Facilitate Settlement The Task Force, in conjunction with the County of Mendocino, and' the Cities of Willits and Ukiah, violated'the Fourth Amendment to.the- Constitution of the United States and the laws of the United States, the Constitution and laws of California by invading claimant's home and injuring her. The Task Force also violated the operations manual of the Mendocino- Major Crimes- Task -Force, clearly established, to require law .enforcement officers to comply with the constitution and laws of our nation. Search Warrant Deficiencies "[T]he physical entry of the home is the chief evil against which the wording of the. Fourth Amendment is directed."50 This includes the right to be free from a search of the wrong place, even when executed pursuant to a warrant, also secured by the Fourth Amendment."51 They derive from the right of the people "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures."52 a. Negligence in preparation of the affidavit "[A} Fourth Amendment violation. occurs. when. `the affiant intentionally or recklessly omit[s] facts required to prevent technically true statements in the affidavit from being misleading. "'53 The claim presented is based in part by the fact that Judge Nelson was misled when Officers Hendry and Hoyle failed to verify the information that Officer Hendry swore was true. This failure resulted in the search of the wrong apartment and intentional o.r grossly-negligent infliction of physical harm and- emotional distress. "The officers who lead the team that executes a warrant are responsible for ensuring that they have lawful authority for their actions. A key aspect of this responsibility is making 50 Payton v. New York, 445 U.S. 573, 585 (1980). 51 Navarro v. Barthel, 952 F.2d 331, 333 (1991). 52 Devenpeck v. Alford, 543 U.S. 146, 152, (2004)). 53 Liston v. County of Riverside, 120 F:3d 965,972 (1997) (quoting United States v. Stanert, 762 F.2d 775, 781 as amended, 769 F.2d 1410 (1985). 15 KRISSA ARNOLD=KLEIN CLAIM AGAINST GOVEI NT ENTITIES^ANDAGENTS HOYLE AND•HENDRY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 sure that they have a proper warrant that in fact authorizes the search and seizure they are about to conduct." Officers Hoyle and Hendry unmistakably failed to meet this regUirement.54. Their negligence is apparent. in. almost ..every, single one of their actions in this.case. First, the officers failed to obtain accurate identifications and descriptions of the suspects and the premises, and to ensure that the description matched any available photographs of the suspects. Second, the officers failed to verify the authenticity of the information provided by tested and untested informants. Information from an untested informant, without further investigation in order to corroborate that information, is not sufficient to establish probable cause for an arrest.55 According to protocol, the officers should have separately taken both informants to 201 Holly. Street to ensure that the,correct. apartment was identified.56 Second,.the,offcers -co•uld have attempted to corroborate the address given to them by the informants by such means . as checking the address that was listed on'Ms. Garcia's driver's license, where her correct address is given,' looking up the address. they were about search in the Haines Reference to determine who lived at the address, obtaining subscriber information for the public utilities billed to that address, or conducting surveillance of the apartment.57 Third, the officers should have obtained a photo of the suspect.from the DMV and shoveled that photo to the informant to establish the identity of the suspect. Fourth, the officers failed to present any information establishing a connection between the suspect, Ms. Garcia, and Apartment 8.. Fifth, the officers failed to have the search warrant affidavit, reviewed. and...s.i.gned_.off.by the District Attorney's office, as required by the Field Enforcement Operations Manual of 54 Ogborn v. City of Lancaster, 101 Cal.App.4th 448, 459 (2002) (quoting Ramirez v. Butte-Silver Bow County, 283 F.3d 985, 990 (2001)). 55 People.v. Fe/n,.4 Cal.3d 747 (1971) (partially overruled by the passage of Proposition 8, as stated in People v. Lissader, 169 Cal.App.3d 413 (1985), noting that the corroboration required need only relate to the suspect generally rather than the criminal activity specifically). 56 See FEOK Section 8.3, Exhibit 2. 57 See id. at Section 8.3 16 •KRISSAARNO ' '.LE•IN`CLiAIM AGAINST GOVERNMENT'EN' 1ES A`) `AGENTSHOYLE AND HENDRY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .25 26 27 28 the BNE prior to presenting it to Judge Nelson.58 Had, this last requirement been carried out, the lack of information and investigation on the part of the officers. might have been discovered and the correct address searched. Hoyle and Hendry's gross negligence resulted in the officers misleading Judge .Nelson to sign a search warrant that authorized a search of the home of innocent people. Lastly, other negligent acts, carried out in violation of BNE policies, include the failure to complete an operation plan for the search, failure to - arrange - for a `uniformed officer to be present during the search, and the failure to conduct a pre-operation briefing of all agents.59, Had the officers conducted their investigation as required by law and by BNE rules they would have avoided searching the wrong house. Hendry knew or should have known he was applying. for a search warrant based on incomplete information that contained the wrong address and thus was an unreasonable search.60 Hoyle and Hendry realized. this in the process of executing the search warrant at the wrong address. Their participatory actions in obtaining the search warrant were in part a result of their own failures to meet the BNE field operations requirements. In addition, the search of Apartment 8 resulted from. .a .failure ..of. training and supervision on, the pare of Task Force supervisors and the BNE supervisors to ensure that their procedures were properly followed. Further, Hendry failed to take his affidavit in support of the search. warrant and the search warrant to the District Attorney for review, as required by the FEW b. Failure to Satisfy the Particularity Requirement The Fourth Amendment also requires "that the place to be searched be described with particularity to protect citizens from random intrusion by government 58 See id. at Section 8.5. 59 See FEOM, Sections 8.6 & 8.6a. 60 Maryland v. Garrison, 480 U.S. 79 (1987). 17 KRISSA ARNOLD-KLEIN CLAIM AGAINST GOVERNMENT'ENTITIES. AND AGENTS. HOYLE.AND HENDRY 1 officials"61 (emphasis added). A court's main concern in determining whether a warrant 2 ; was sufficiently particular is "whether there is any reasonable probability that another 3 premise might be mistakenly searched."62 When the 'particularity is an erroneous 4 particularity, "[t]he evil guarded against by the Fourth Amendment is doubled" because the 5 search may become a "frightening... invasion by police of the home of innocent people."63 6 7 Here, there was not only a reasonable probability that the wrong location would be $ searched, the wrong location. was searched, and Ms. Arnold-Klein suffered a frightening 9 intrusion of her home by government officials compounded by physical and emotional 10' injuries. 11 What is more, a search warrant for an apartment in. a multi-unit apartment building 12 "will usually-be held invalid if it fails to,describe the particular subunit to be searched with 13 sufficient definiteness to preclude a search of one or more sub-units indiscriminately."64 14 Thus, because the particularity-that led to the unlawful invasion of the' Klein home:was both 15 an inadequate and erroneous.- particularity, the Fourth Amendment violation was doubly 16 injurious to Claimant. 17 c. "Lack of Probable Cause For.The Search 18 For a search warrant to be issued the officer signing the affidavit in support.of the 19 search warrant must establish that there is probable cause for the'search. The Supreme 20 Court of the United States has consistently held that a search conducted without probable 21 cause violates the Fourth Amendment.65 Moreover, an affidavit. that "merely states the 22 affiant's belief that there is probable cause to search, without stating facts upon which that 23 belief is based" does not establish probable cause.66 Deputy Hendry's affidavit identified 24 25 61. people v. Amador, 24 Cal. 4th 387, 393 (2000) (quoting U. S. v. Owens, 848. F.2d 462, 466 (4th Cir. 1988). 62 Amador, 24 Cal. 4th at 393 (quoting United States v. Gitcho, 601 F.2d 369, 371 (8th Cir. 1979)). 26 63 U.S. v. Collins,. 830 F. 2d 145, 146 (9th Cir. 1987)). 27 64 U.S. v.. Rivera Rodriguez, 768 F.Supp. 16,18 (Dist. Puerto Rico 1991) (citing United States v. Higgins, 428 F.2d 232 (7th Cir.1970)). 28 65 U.S: v. Whitney, 633 F.2d 902, 907 (9th Cir. 1980). 66 U.S. v. Higgins, 428 F.2d 232, 234 (1970) 1s KRISSA ARNO ^-KLEIN CLAIM AGAINST GOVERNMENT ENTITIES *TD AGENTS HOYLE AND HENDRY 1 Apartment 8 as the place to be searched and Tessa Garcia as the suspect sought in the 2 search. Nonetheless he failed to connect the apartment with the suspect. 3 This failure on the part of Deputy Hendry left out the facts necessary to establish'why he 4 believed: that Apartment 8 should be searched, and thus, the affidavit failed to establish 5 probable case to support a search warrant for Apartment 8. Since the search was .6 7 authorized and executed without probable cause, it violated Ms. Arnold-Klein's Fourth 8 Amendment right to be free of unreasonable searches and seizures. 9 Excessive Use of Force 10 The reasonableness of a search or a seizure depends "not only on when it is made, 11 but also on how it is carried out:"67 When a police officer uses excessive force in 12 conducting a search, that search is unreasonable, and thereby violates the Fourth 13 Amendment.68 When Officer Hoyle entered Claimant's room, the force he used to detain 14 her was excessive, unreasonable, and violated. her Constitutional rights. 15 Excessive force claims are analyzed under the Fourth. Amendment's. "objective 16 reasonableness" standard.69 "Determining whether the force used to effect a particular 17 seizure is "reasonable" under the Fourth Amendment-requires a,:careful balancing of 'the 18 nature and quality of the intrusion on the individual's Fourth Amendment interests against .19 the countervailing governmental interests at stake.»70 While conducting the search of a 20 residence, officers are permitted to detain the occupants while the search is underway, 21 however, such a detention is unreasonable -if either the detention. itself is improper or if it is 22 carried out in- art unreasonable manner.71 To determine. whether the force used in a seizure 23 was reasonable or excessive, the particular facts and circumstances of each case must be 24 considered, including, but not limited to, "the severity of the crime at issue, whether the 25 26 67 Franklin v. Foxworth, 31 F. 3d 873, 875 (1994) (citing Tennessee v. Garner, 471 U.S. 1, 7-8 (1985)). 27 68 Id. at 875-876. 69 See Graham v. Connor, 490 U. S. 386, 388 (1989). 28 70 Id. at 396. 71 Franklin, 31 F. 3d at 876. 19 KRISSA ARNOLD-KLEIN .CLAIM.AGAINS.T..GOVERNMENT:EN.TT.TIES.AND.AGENTS.HQYLE AND HENDRY 1 suspect poses an immediate threat to the safety of the officers or others, and whether he is 2 actively resisting' arrest or attempting to evade arrest by flight."72 In addition to these 3 factors, referred to as the "Graham factors," other. aspects specific to a particular case must 4 be considered in order to determine if the "totality of the circumstances justifies a particular 5 sort of seizure."73 Also, "[a] detention conducted in connection with a search may be 6 unreasonable if it is unnecessarily painful, degrading, or prolonged, or if it involves an 7 $ undue invasion of privacy."74' 9 In this case, the suspected crime was the sale of drugs, a non-violent crime. There was 1 o no evidence that the police expected to find any weapons at the apartment and there was 11 no other evidence that the suspect posed any danger to the police. Most importantly, when 12 Hoyle encountered--Claimant; he had no,reason to, believe that she posed arly..threat ..and,, 13 she made no attempt- to resist or evade Hoyle. When Hoyle pushed his way into her 14 bedroom, without"identifying himself as police officer; he immediately shouted at her to "get 15 down" and without giving her a chance to respond. Instead he grabbed her and violently 16 threw her to the floor. His actions caused Ms. Arnold-Klein severe physical pain and fear. 17 Under this set of circumstances, as stated by one court in finding unreasonable force was 18 used, there was "simply no evidence of anything that should have caused the officer to use. 19 the kind of force [he is] alleged to have used."75. Hoyle's immediate use of force against 20 Claimant was unreasonable and violated her Constitutional Rights. 21 Liability of Officers, City and County 22 Under the California Tort Claims Act76 "a governmental entity can be held vicariously 23 liable when a police officer acting in the course and scope of employment uses excessive 24 25. 26 72 Franklin, 31 F. 3d at 876 (emphasis in original) (quoting Graham, 490 U. S. at 396). 73 Graham, 490 U. S. at 396 (emphasis added), (quoting Garner, 971 U.S. at 8-9.) 27 74 Franklin, 31 F. 3d at 876. 28 75 Baker v. Monroe Twp., 50 F.3d 1186, 1193 (3d Cir.1995). 76 CAL. GOVT CODE § 910 et. seq (2010). 20 ' KRISSA ARNO~ °.LEINCLAIM AGAINST GOVERNMENT ENTITIES AGENTS HOYLE AND.HENDRY 1 2 3 4 5 6 7 8 9. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27' 28 force or engages in assaultive conduct."77 However, "[t]ortious conduct that violates an employee's official duties or disregards the'employer's express orders may nonetheless be within the scope of .employment."78 Thus, even though Hoyle and. Hendry violated official policies, the County of.Mendocino, the Mendocino Major Crimes Task Force, and the Cities of Willits and Ukiah should still be held liable for their actions. In order to hold a municipality liable for injuries under 42 U.S.C. 1983, a policy.or custom, must be. identified. that caused the injury, and it must be shown that through deliberate conduct, the municipality was. the "moving force" behind the alleged injury.79 That "`policy' or 'custom' needed for city or county liability can be found from the failure to take remedial steps after incidents of excessive force by individual. officers."80 In order to establish "municipal liability" on the theory that a facially lawful municipal action has led an employee to violate a plaintiffs rights [one] must demonstrate that the municipal action was taken with '.deliberate indifference' as to its .known.. or._ obvious consequences."81 Furthermore, "continued adherence to an approach that .they. know or should know has failed to prevent tortious conduct by employees may establish the conscious disregard for the consequences of their action--the "deliberate.: indifference"--necessary°to trigger municipal liability." Id. Due to an alarming lack of supervision and "deliberate indifference" with respect to the actions of law enforcement personnel, the municipalities named in this action were the moving force behind Claimant's injuries. In Mendocino County, and in this case in particular, there appears to be a consistent lack of supervision for the entire search warrant 77 Mary M., 54 Cal.3d at 215 (citing CAL. GOVT CODE, § 910 et seq.). 78 Id. (citing Perez, 41 Cal 3d at 968-969). 79 Board of the County Commissioners of Bryan County, Oklahoma.v, Brown, 520 U.-S.. 397, 404 {1997). 80 Larez v. City of Los.Angeles, 946 F. 2d 630, 647 (1991) (citing McRorie v. Shimoda, 795 F.2d 780, 784 (1986) (custom inferred from failure to reprimand or. discharge);Grandstaff v. City of Borger, 767 F.2d 161 171 (1985) ("subsequent acceptance of dangerous. recklessness by policymaker tends to prove his preexisting disposition and policy"). 81 Board of the County Commissioners, 520 U.S. at 404 (emphasis added) (citing Canton. v. Harris, 489 U.S. 378, 392) (1989). . 21 KRISSA.ARNOLD-KLEIN.CLAIM.AGAINS.T,GOVERNMENT ENTITIES..AND AGENTS HO.YL• E.AND HENDRY 1. process, despite BNE policies in place to ensure that officers' actions are su ervis 2 p ed. Prior to presenting a search warrant affidavit to a judge, the affiant is required as noted above, to 3 have the District Attorney's office review the affidavit. Nevertheless, out of 123 search 4 warrants executed and returned from January 1, 2010 to July 23, 2010, 43, or 35 percent, 5 were not signed off by the District Attorney's Office. It is inconceivable that the District 6 Attorney and the other supervising bodies are unaware that more. than one third of the 7 8 warrants issued in Mendocino County are not prepared according California law 9 enforcement rules. The failure to remedy this situation amounts to deliberate indifference 10 to the fact that police officers in Mendocino County do not follow proper search warrant 11 procedures. Deliberate indifference is also demonstrated by the failure of the Mendocino 12 County District..Atforney..to take ,,any..action-.on the ,report-..made--by ClalmanV&, mother 13 regarding Hoyle's assault. Clearly, the current system does not provide a level of 14 supervision great enough 'to prevent tortious conduct by law enforcement officers. 15 Moreover,- the county knows or should know of Officer Hoyle's tendency to use excessive 16 force and that officers, including Hoyle and Hendry, regularly fail to comply with BNE 17 polices. Had the District Attorney reviewed the affidavit, or had Hoyle's reputation for 18 excessive force been investigated and addressed, the events leading to the present actions 19 , could have been prevented. Furthermore, the lack of a commander's presence at the 20 scene, who, if present, may have been able to prevent these constitutional violations, is 21 another example of the lack of supervision. within the. ranks _.of,the.Men.d.ocino.C.ount-Major 22 Task Force. 23 This lack of supervision is further illustrated by the fact that the apartment number 24 given in the return of the search warrant is different from the apartment number in both the 25 affidavit and the warrant, without any explanation given for this discrepancy, and no 26 27 I mention, of the search of the wrong apartment. Also, in the Investigation Report MC10- 28 0106, dated 3/18/2010, there is 'no mention of which apartment number was searched. 22 KRISSA ARNOY'- 'KLEINICL'A'I- i AGAINST GOV`ERNNIENT ENTITIES ""'A A-TENTS.TIOYLE AND HENDRY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 l Only the name of the apartment building was given. Since a search warrant for a unit in a multi-unit dwelling is invalid without a specific apartment number,82 clearly the apartment number was an important detail in the investigation, and its absence is an obvious example of gross police negligence if not ° intentional deceit. If law enforcement officers feel comfortable submitting search warrant returns and investigation reports with serious errors and omissions of significant details, those responsible for supervising Task Force and BNE' activities, at a minimum are deliberately. indifferent,to the actions of the law enforcement officials they supervise. Liability of Individual Officers "[A] police officer does not have discretionary immunity from liability for the use of unreasonable force in making an arrest."83 Nor, are officers entitled -to- immunity if they choose apply for and execute a search warrant in which the "application is so lacking in indicia of probable cause as to render official belief in its existence unreasonable. "84 "To hold, an officer liable for the use. of excessive force,"a' plaintiff must prove that the officer "(1) actively participated in the use of excessive force, (2) supervised the officer who .used excessive force, or (3) owed the victim a duty of protection against the use of excessive force," and a police officer will be liable for failure to prevent the use of force "when (1) the officer observed or had reason to know that excessive force would be or was being used, and (2) the officer had both the opportunity and the means to prevent the harm from occurring."85.- Here both Hoyle and Hendry are individually liable for their actions. The basis for Hoyle's liability is clear. He acted with unreasonable force, causing physical and emotional 82 Rivera Rodriguez, 768 F.Supp. at 18. 83 Scruggs V.-Haynes, 252 Cal.App.2d 256 (1967). 84 Malley v. Briggs, 475 U.S. 335, 344-345 (1986). 85 Turner v. Scoff; 119 F. 3d 425,429 (6th Cir. 1997), see also Anderson v. Branen, 17 F.3d 552 (2"d Cir. 1994). 23 KRISSA ARNOLD-KLEIN.CLAIM AGAINST GOVERNMENT ENTITIES AND AGENTS•HOYL-E AND HENDRY 1 injury while executing a search warrant. Hendry is also liable because whether or not he 2 accompanied Hoyle into the Klein home, he violated his duty to protect against the use of 3 excessive force. If Hendry was outside the apartment, he was in violation of Task Force 4 rules and he knew or should have known that Hoyle had a tendency to use excessive force. 5 Also, whether or not Hendry was inside or outside the apartment he had both reason to 6 know that excessive force would be used and he had the opportunity and means to stop it. 7 8 Both Hoyle and Hendry should also be subject to liability for their unlawful search of the 9 Klein home because no reasonable officer would have believed that the search warrant. 10 executed at the Klein home was valid. 11 "[G]overnment officials performing discretidnary functions generally are shielded 12 from liability for..civil, damages.insofar...as -their. conduct does, not violate-clearly established 13 statutory or constitutional rights of which a reasonable person would have known:"86 "In 14 order to determine whether a government official is. entitled to a defense of qualified 15 immunity, a two-prong test is used. The two prongs are, (1) ascertaining whether a 16 constitutional right was violated on, the facts alleged, and (2) determining whether the right 17 alleged to have been violated is clearly established. "87 However it is within the discretion of 18, the court to decide which one of these prongs should be addressed first.88 19 Based on the facts alleged in this case, there were clear violations of Constitutional 20 rights, the Fourth Amendment right to be free of unreasonable searches and seizures and 21 the use of excessive force by police officers., To determine. whether .a right is clearly 22 established, one must ask "whether it would be clear to a reasonable officer that the 23 24 25 86 Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). 26 87 Saucier v. Katz, 533 U.S. 195, 201-202 (2001) (receded from by Person v. Callahan, 129 S. Ct. 808 (2009) (holding that the mandatory two-step. process set out in Saucier in which first it must determined whether on 27 the facts alleged by the injured party a constitutional right was violated and if so then decide whether that right was clearly established at the time of the alleged misconduct, is not required in all cases, rather both 28 elements must be proved but in no.particular order) Person, 129 S. Ct. at 812). 88 Person v. Callahan, 129 S. Ct. 808, 818 (2009). 24 KRISSA ARNO ' KLEIN CLAIM AGAINSTUOVERNMENTENTITIES'''~ AGENTS HOYLE AND HENDRY j f 1 2 3 4 5 6 7 8. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 conduct was unlawful in the situation he confronted. "89. All that this requires is that "existing law give the defendants "fair warning" that their conduct is unlawful."90 Courts have previously. held that the "Fourth Amendment rights to be free from unreasonable searches and. seizures and excessive force... are clearly established rights of which a reasonable official would know."91 Moreover, in civil actions against officers who have executed invalid search warrants, the United States Supreme Court held that an officer loses qualified immunity if "a reasonably well-trained officer [in the defendant's position] would have known that his affidavit failed to establish probable cause and that he should not have applied for the warrant."92 Examining the facts of this claim, a reasonable officer would know that applying for a search warrant after conducting an. incomplete investigation, with-an affidavit that was so far from establishing probable cause that it made no connection between the suspect and the location to be searched would be unreasonable and a Fourth Amendment violation.93 Furthermore, when a warrant application is so lacking in indicia of probable cause as to render official belief in its existence unreasonable, officers will lose their "shield of immunity. "94 The warrant application in the present case was one such warrant. A warrant so seriously lacking in evidence to establish probable cause that Hendry could not to have reasonably believed that there was probable cause for the search of Apartment 8. As for Hoyle, the warrant itself was similarly.so lacking in probable cause that he could not have reasonably believed it.to_b.e.valid...,a.nd should not be entitaed.•to.qualified. immunity:95 Also, it 89 Saucier, 533 U.S. at 205. 90 Macias v. County of Los Angeles, 144 Cal.AppAth 313, 321 (2006). 91 Pray v. City of Sandusky, 49•F.3d1154,1158 (6th Cir. 1995) (citing Graham. v. Connor,. 490 U.S. 386, 392- 93.(1989)). 92 Malley, 475 U.S. at 344. 93 See Groh v. Ramirez, 540 U.S. 551,552 (2004) (holding that an officer cannot claim that he reasonably relied on a magistrate's assurance that a warrant was valid when he prepared the warrant himself). 94 Malley, 475 U.S. at 344-345. 95 KRL V. Estate of Moore, 512 F.3d 1184, 1189-1190 (9th Cir. 2008). 25 KRISSA ARNOLD-KLEIN..:.CLAIM•AGAINST:GOVERNMENT ENTITIES AND AGENTS-HO YLEAND HEIdDRY 1 would be apparent to a reasonable officer that throwing a young and unarmed woman to 2 the floor without identifying himself as a police officer and without any indication that she 3 posed a threat was a violation of her Constitiutional.ri~ghts. In addition, the offcers'.;actions 4 were in clear violation of a number of rules set out in the Field Operations Manual, given to 5 all officers in the Task Force, including Hoyle and Hendry.96 6 Thus, there can be no doubt that the Fourth Amendment rights to be free of 7 8 unreasonable search and seizure and the excessive use of force by police officers are 9 clearly established rights. Since Claimant's clearly established Constitutional rights were 10 violated by officers Hendry and Hoyle, they are not entitled to qualified immunity and will be 11 held to answer for their violations of Claimant's constitutional rights. 12 :Respectfully submitted this ;,day -of, September 2010. 13 LAW OFFICE OF BARRY VOGEL 14 15 By 43AMRY VO EL, Es 16 BRINA LATKIN, Esq. Attorneys for Claimant 17 18 19 20 21 22 23 24 25 26 27 28 96 See FEW. 26 KRISSA ARNOL' -LEIN CLAIM AGAINST GOVERNMENT ENTITIES AGENTS HOYLE AND HENDRY EXHIBIT "1" NAME AND ADDRESS OF RESPONDENTS: Officer Peter Hoyle and the City of Ukiah 300 Seminary Avenue Ukiah, California 95482 Deputy Sheriff Raymond 0. Hendry and the Mendocino County Sheriffs Office c/o Mendocino County Executive Office 501 Low Gap Road„ Ukiah, California 95482. City of Willits 111 East Commercial Street Willits, California 95490 California Department of Justice, Bureau of Narcotic Enforcement c/o Victim Compensation and Government Claims Board 400 R Street, 5 Floor Sacramento, California 95811 8.0 FIELD ENFORCEMENT-OPERATIONS 8.1 Search and Arrest Warrants It is the policy.of the Department of Justice's regional drug task forces that obtaining and serving ,search or. arrest warrants,-by regional drug task force personnel shall be done in a professional manner with adherence-to.legal procedures and requirements. Concern and respect for the civil rights and dignity of those persons and their property upon whom the warrants are served or with whom the agents,come in contact•during .such.service are required Of agent personnel. 8.2 Presence of Non-Enforcement Personnel During Investigations Non-peace officer personnel will not be allowed to accompany agents during any regional 'drug task force search or arrest activity unless approved in advance by the task force commander. Non-sworn personnel, including auditors, may be allowed access to a crime scene only after the area has- been secured by law enforcement personnel. Special Agents in Charge shall notify the Bureau Chief and the. DOJ/DLE/PIO/`Press..S.e.cretary prior to allowing media toyaccompany DOJ personnel on any enforcement activity. 8.3 Pre-Warrant Preparation ..,Prior to initiating.-the .service of a search warrant and/or an arrest warrant, agent personnel shall make every effort to obtain accurate identifications-.and descriptions of suspects .and. premises by surveilling the location(s) in question prior to the pre=warrant service briefing. When possible, the pre-warrant service preparation should include, but not be limited to, photographs, sketches, and/or video tape recordings of the location. 8.4 Preparation ot Affidavits for Search and Arrest Warrants In preparing reports and affidavits on which warrants will be based,.the reporting agent or affiant shall take all steps necessary to ensure accurate and complete information. (03/97) 64 2 `P. 1 When an affidavit is prepared and. the warrant signed by a magistrate, a copy of-the affidavit, the search warrant, and the search warrant return shall be placed into the case file, regardless of whether or not the warrant was served. 8.5 - Search Warrant Review Policy See "Search Warrant Review Policy" at end of section 8.. It is'the general policy of the California Department of Justice, and therefore the Bureau of Narcotic Enforcement's regional drug task forces, that all affidavits...and,.r.e..latbd,:.documents prepared. in .support of a search warrant, pen register, or-wiretap be subjected to legal review prior to submission to a magistrate. The required. legal review may be accomplished by the county, state, or federal prosecutors, as appropriate. .Exceptions: It-is recognized, due to the broad range of _ circumstances existing in criminal investigations, that prior kegal-review of search warrants may not'always be feasible. Listed below are six circumstances which constitute exceptions to prior legal-review for search waryant.s_.:.There..will.,be, no exemption ..,from, or _ exception to, this policy with regard to the issuance of pen registers or wiretaps. A. Secured Premises ...When ..a .vehicle:,..:residence or. other..struct.ure is secured without a warrant :for tactical 'reasons during ,any investigation, and agents have persons in custody or detention, and'the determination is made that a warrant must be obtained for a .further search-of the vehicle, residence or structure. B. Officer Safety When tactical issues, such as officer safety, destruction 'of" ev'id'ence, or f light -of a criminal suspect, require the immediate transmittal of a search warrant affidavit.and search warrant to the magistrate. hA61 2-. (03/97') When a district attorney, deputy attorney,general, ...:or ..U.. S... attorney is. not, readily .-a-va-ilable to review a warrant which-requires service within the same day it is prepared. - D. Assist to Allied Agencies When agents respond to the request for assistance from allied law enforcement agencies, such as local police and sheriff's departments, the -Fe.dera1,Bixreau of Investigation, Drug'Enforcement Administration, or the U.S. Customs Service, to assist in the service of a search warrant or monitoring.of a pen register or wiretap that has. been prepared,.. reviewed and taken to the magistrate. by he*allied agency. .In some cases, however., w,ben.the Task Fox.ce.:. Commander, while acting in concert with allied agencies, believes that a case. is sensitive in nature, he/she may elect to' either require a legal review at his/her level by a district attorney, deputy attorney general, or U.S. attorney,. or opt not to participate in the investigation. E. Telephone Warrants When the Task Force Commander determines that because of the immediate need for a.search w.ar.rant.,,....a'...tolephonic warrant is appropriate. and a conference-calling capability is not available for simultaneous review by a district -attorney, deputy attorney general, or U.S. attorney, along with the magistrate and peace officer. .-Where there is a general policy in writing that the district. attorney has deferred-this responsibility back to. the investigative unit-, i.e., regional drug task forces.'The granting of this exception must be in writing.. 8.6 Operational Plan Prior to conducting task force field -enforcement operations, such as search or arrest warrant service, undercover operations or surveillance, the Task Force Commander shall, when practical, ensure that an operation plan is comgileted and distributed to all participating personnel and.the radio dispatcher. Prior to the operation, the operational plan will be reviewed and approved by the Task Force Commander. The Tas,:' Force Commander shall signnd date the plan, after review and approval. The operational plan will include: A. Case agent, case number, date 8. Type of investigation (undercover buy, surveillance,,,. search warrant., etc.,) C. List of personnel, radio numbers, agencies, vehicle assignments D. Suspect's name anal description E. Location F. Suspect's vehicle (make, model, color, license number) G. Undercover officer description .(include vehicle license number) H. Arrest signal (visual and verbal) I. Radio frequency and/or operating channel number J. Armed: gun, danger (dogs) K. Special instructions L. Maps, sketches M. Required equipment N. Locations of nearest hospitals 0. Phone numbers of local police department or sheriff's department P. Contact person/phone number for local SWAT team Whenever possible and appropriate, a uniformed officer from the local jurisdiction should be present during the arrest/search warrant operation for liaison purposes.. Each, T.as-k . Force will. maintain. a.: file.. entitled Operational Plans.-At.the conclusion of each field operation for which an operational plan is prepared, a complete copy of the operational plan shall be.p1_aced in the file: Operational plans will be-arranged 'in °sequ•ential order, --b-y case number, to easily cross- reference.to investigation files. The purge schedule for the operation plan is the same as for the investigation files. Investigation file examinations during the Bureau's inspection process will include an audit of the. Operational Plans File. 8.6a Pre-Operation.Briefing Prior to field enforcement actions such as service. of arrest or search warrants or'purchases of evidence, a briefing of all agents and officers involved should-be conducted by the Task Force Commander, case agent, or local officer having thorough knowledge-of the...case.. .-This briefing will -include-a review of the operational plan, assignments of duties, thorough identification and description of suspects and premises, and identification of all agents and officers who will participate in operation: Photographs of suspects and .premises should be available. If patrol units are to be used-in security or backup roles, those officers must also be -briefed, in the --field, if necessary, so that they are aware of what is to take place, along with the identity'.of the agents and officers involved. 8.7 Undercover Acrents While the case agent.is-acting in an undercover role, the case agent responsibilities will be assumed by the supervisor or temporarily reassigned by.the.supervisor to another agent. While in an undercover situation, agents will carry their firearms on their person at all times. - 8.-8 Debrief incr At the conclusion of the field enforcement operation, such as an undercover buy, a surveillance operation or the execution of an arrest or search warrant, a debriefing will be conducted.- All personnel'.who participated.in the operation should be present during the debriefing. 8.9 bress and Identification Agents effecting arrests, serving arrest or search, warrants shall wear ballistic body armor, raid jackets and ballistic helmets during the.initial state of the enforcement action (building entry, etc.) unless prior supervisory permission has been obtained.- n 5 While in an undercover situation, agents will-carry their firearms on their person at all times. 8.8 8.9 8.10 8.11 At the conclusion of the field enforcementf14peration, such as and undercover buy, a surveillance- operation or the execution--,of an arrest or searchwarrant, a debriefing will`-,be conducted. All personnel who'-participated,-'in the operation should be present during theldebO_e ing. Zy Agents effecting arrests, serv-ing arrest or search warrants shalt 'wear ballistic booay armor, raid jackets and ballistic helmets during the in-.tial state of the enforce~~n►~t action (building entry, e~ unless prior superVI sory permission has been obtained.. Once the enforcement area has been secured, agents may remove their body armor and ballistic helmets (if provided) however, a raid jacket or mesh jersey and hat must be, worn, to• •c1early ±d-entify•the- ind•ividuals as Department of Justice or task force law enforcement personnel. First-Aid Kits while conducting field enforcement duties such as undercover-buys, surveillance, arrests, service of search warrants, clandestine laboratory investigations and while attending.firearms qualification and training, agents shall have a complete, individual state-- or Task force issued, first-aid kit available. Members of regional task forces who are issued first- aid kits by their parent agencies or the task force shall have those first-aid kits when engaged in the above-mentioned activities. Carrying Handcuffs When on.duty, all regional drug task force agents shall be equipped with traditional metal handcuffs and/or disposable plastic type (when feasible) in'good working condition. These handcuffs shall be carried on the agents' person, except when operating in an undercover capacity. (03/97) Cry 8.12 Arrest, Handcuffing, and Control of Suspects No agent shall arrest or attempt to arrest a suspect unless accompanied by another agent or law enforcement officer, except in unusual cases. All arrested suspects shall immediately be handcuffed with their hands behind their backs ° and •search-ed, •f•or weapons : -When -arresting and handcuffing suspects, agents should utilize proper arrest and control techniques. All suspects shall be thoroughly searched as soon as possible and, when ...practical, by the appropriate gender.- , if a suspect is injured during an arrest, agents will preceed .with....the'.handcuffing 'of the.suspect.. As soon as possible, medical. assistance will be provided to the injured suspect. -The investigation report will reference the injury and .any medical treatment administered. This only-apDplies if the suspect-ltprisoner was injured as a result of an arrest. Any claiming of an injury at time of arrest will be documented in the arrest report. Add tionally, a 'separate --memo will be -prepared by -the involved agent(s) and submitted, through the chain of command, to the Special Agent in Charge of the aup;ervisin.g .re.g:ional. BNE-.office, .detailing the circumstances of-the suspect's injury and.the medical treatment administered. The•Special Agent in Charge When-a.res.dence, structure or room.is.being searched for evidence, the task force commander or, the responsible case-agent will direct the evidence collection activities and assign other agents and off icers.to maintain custody of prisoners while the search is in progress. Agents assigned to. guard or maintain custody of prisoners shall be responsible for maintaining.continuous control of prisoners until they are released, turned over to a transporting officer or turned over to a custody facility after booking. In an effort to maintain a high degree of officer safety while maintaining custody of prisoners-, agents shall check all areas within.reach of the suspect for weapons. Whenever an arrest has been made at a residence, structure, etc., and the. adult members are..to..be removed for booking, the responsible case agent will ensure that arrangements are made for the care*of minor children and animals. (03/97) 1&)~n0o'~ S. 15 Felony Vehicle Stops . Regional drug task force agents should consider available alternatives to avoid the necessity of .stopping a vehicle for the purpose of_arresting a defendant(s) in a vehicle. If thenecessity for a• vehicle 'stop and arrest does occur, the following guidelines are recommended for the purpose of minimizing exposure to serious injury or death. A. All drug enforcement-related felony vehicle stops are high-risk enforcement operations. Agents..,. shall have ared light and siren available for the purpose of initiating the stop of the suspect's vehicle.. Whenever practical and .possible,. participating agents. should make an effort to have marked patrol vehicles initiate a stop of the suspect vehicle. B. Agents participating in-the stop of the suspect vehicle shall wear a ballistics vest as well as a -raid jacket and. use task force felony vehicle stop procedures. 8.15 Search and/or Arrest of Juveniles The supervisor or responsible case agent at the scene will"-determine if juveniles present at, an arrest-, or search warrant location should be detained, arrested, or searched. 8.17 Joint Enforcement Orerations Department- of Justice .regional task force agents participating in joint enforcement operations with federal or local agencies shall, at all times, conduct themselves in compliance with regional drug task force regulations. If agents, while working with other law . .enforcement agencies, find that officers are conducting themselves in such a manner.or performing their duties in such a way that it ; is -in, contl•ict•with. Regional drug task force orders, rules, or regulations,. then the agent will, whenever possible, notify a s.upervisor of the conflict before continuing in the. assignment. If unable to contact a supervisor, the senior agent at the scene shall terminate the regional drug task force's participation. x Y `1h .2- (-C 3/9 7 ) Within 24 hours of the regional drug task force's withdrawal from a joint enforcement operation, the responsible agent will submit a memorandum to the regional drug task force commander detailing-the circumstances that led to termination of the regional drug.task force.'s involvement. 8.18 8.19 8.20 8:21 Rep mina of Incidents report, e Special Agent in Charge, who will immediately notify the Bureau.Chief or Deputy Chief.. In the event. of a mistaken arrest, entry into the wrong premises or alleged misconduct on the part of a regional task force: employee, the responsible task ,force commander or senior agent on the scene will th circumstances of such incident-to-the Conflicting A=Ce in the event that advice is. received from local, state, or federal prosecutors or law enforcement agencies which is in conflict with regional drug-task force ,guidelines, that .;conflict will .be reported to the regional. drug task force commander who will, if" necessary, resolve the conflict or contact the advisory council,/executive board for guidance. Statements and Admissions of Suspects Agents shall attempt to obtain statements and admissions from all suspects. Regional task force agents will give the Miranda warning to all suspects, in compliance with case law., "To ensure-all -suspects are given a complete and accurate Miranda. warning,. agents should, if possible, read the warning to the suspects from a "Miranda Warning Card. - Mirandized or spontaneous statements made by suspects outside of Miranda will be documented in the investigation report or asset forfeiture report. Traaa-orting Prisoners A ents should avoid trans ortin risoners alone. In addition, prior to placing prisoner(s) ina transporting vehicle, agents will ensure that the prisoner(s) is thoroughly searched for weapons and contraband. The passenger area of the vehicle where the prisoner will be placed will be -thoroughly s.e.arched before and after the prisoner is transported to ensure officer safety. and to recover any possible contraband. All prisoners being transported in a'vehicle should (03/97) P, 9 have their hands cuffed properly behind their backs and should.be securely seat-belted. When screened, marked patrol units are unavailable to transport prisoner; agents will have.to rely on transporting potentially dangerous prisoners in their unmarked undercover vehicles. In the event that the transport of prisoners does occur in assigned, unmarked undercover; vehicles, the following guidelines are recommended: One agent, one prisoner - The handcuffed prisoner should be placed in the right front passenger seat and,-secured by a seat belt. One agent, two or more prisoners - Not permitted. Two agents, two prisoners - The prisoners should be in the middle and extreme right side seat positions. The second agents should ride in the rear seat, .directly behind the driver agent. If there is insufficient room in the rear seat, the second agent should-tit in the front passenger seat, 41die constantly observing the prisoners. Two agents, three or more prisoners - This situation- shall. be avoided whenever ..possible. Assistance should be requested. However, if abso'lutely.necessary, all prisoners should be placed in the back seat, handcuffed and seat- belted, while under constant observation of the cover officer, who should be located in the front passenger; seat. The transporting of female prisoners should be performed in the manner and with the same precautions- utilized with male prisoners. There should be at least two agents present for the transport of.female prisoners, and, when feasible, one agent should be a female. 8.22., Peraonal Propertp'of Arrestee An agent shall not remove anything from the person, premises, grounds, or vehicle of an arrestee except items believed to have value as evidence, seized under asset forfeiture laws, or which would present a danger to the-agent. All items removed will be listed on a receipt and. a -copy given to the affected ..person., as well as.placed.,in the investigation file. e 10 Page 1 of 2 Barry Vogel From: "Gerry Gonzalez" <gonzaleg@co.mendocino.ca.us> . To: "Barry Vogel <vogel@pacific.net> Sent: Tuesday, August 10, 2010 4:55 PM Subject: _ Re.:201..Hol[y..St,. Willits, March.18, 2010 Mr. Vogel, Andrade showed up after the task force entered the Klein residence and was transporting a prisoner. from another contact. Hence my statement of him not being present at the Klein incident. He showed up later at the complex. Officer Harris was dispatched to the area (surrounding streets) because she is the school. •resource:offcer hut.she.did.not•contact°the,.Kle ns:or:their.residence.as.fer<as I-can tell. "Barry Vogel" <vogel@pacific.net> 8/10/2010 4:06 PM Dear Chief Gonzalez I received Mr. Dale's August 5, 2010 letter. He wrote that "no reports were taken by Officer Andrade" on March 18, 2010 in the Klein matter, rather that your "agency responded to the location as an "Agency. Assist..." You wrote, below on August 5, 2010, that Officer Andrade "was not present at the time of the incident involving the Kleins." I see from the CAD entries that Officer Harris was also dispatched to 201 Holly. My, interest•is. in—understanding -just m-hereOfficer•:Andrade-and•Offioer;HacriswBre:•at-all::times.,d.uringthe M agency assist.in relationship to,the.Klein.residen,ce. This information.wo.uld.. o efully allow me to determine the basis, if any, of a claim against the City of.Willits. I hope are able to help me with this. understanding. Respectfully, Barry Vogel Attorney and Counselor 280 N. Oak PO Box 383 Ukiah, California 95482 707 462 6541 www. radiocurious. org Original Message From: Barry Voael To: Gerry Gonzalez Sent: Thursday, August 05, 2010 9:51 'AM Subject: Re: 201 Holly St, Willits, March 18, 2010 Dear Chief Gonzalez Thank you for your prompt response. Respectfully, Barry Vogel Attorney and Counselor 280 N. Oak Street Ukiah, California 95482 70-1462 6541 www.radiocurious.org I look forward to Mr. Dale's letter stating what you wrote below. Original Message From: Gerry Gonzalez To: Barry Vogel Sent: Thursday, August 05,. 2010 9:46 AM Page 2 of 2 Subject: Re: 201 Holly St, Willits, March 18, 2010 Mr. Vogal, On advice of the City Attorney we would not be making Officer Andrade available at this time. The report requests you made is being processed. Tobey Dale is transmitting that information along with a cover letter indicating that.Officer Andrade did not prepare a report in- relation to that incident. He was not present at the time of the incident involving the Klein's. Gerry Gonzalez "Barry Vogel" <vogel@pacific.net> 8/4/2010 4:26 PM Dear.Chief.Gonzalez As I told you when we spoke this morning, I represent Marigold and Krissa Klien; and intend on making a claim on their behalf based on the events that occurred at their home, 201 Holly Street, Apt 8, Willits, on March 18, 2010. At this point, I want to be sure that no reason exists for a claim to be made against the City of Willits and the Willits Police Department. To be sure; I would like to meet and talk with Officer Jeff Andrade about the events in question. You asked that I tell you the questions I want to ask. That is difficult since first of all, I am not sure he was there and if he was,. the remainder of my questions would focus on he did and what he saw and his answers, Thank you for your cooperation and consideration in this matter. I look forward to hearing from you soon. Respectfully, Barry Vogel . Attorney and Counselor 280 N. Oak Street Ukiah, California 95482 707 462 6541 www.radiocurious.org 8/11/2010 Barlry'Vogel Attorney and Counsellor General Specialties Building P.O: Box 383 ~ 280 Nor& Oats Ukiah; C6fifornia 954 82 'telephone 707-x#62.6541 Faulwiri Ke 7.07=462-3353 vcgeldwopeyatmnet . August 4, 201 0 Chief Gerry Gonzalez Willts:Folice:pepariment - -Willits, California 96490 Re: 201, Holly Street, Apt 8 Willits, California :March. 18, 2010 . Dear Chief Gonzalez: This°as:a p blic records req~aestforcopies of-the-•repert,prepar~ed by Officer Donahue based on the complaint that was made by. Marigold Klein as a .result of tiie execution of a search warrant on March, 8; 2010, her above referenced home. ; In addition,' I wourd like to. have a copy of-the any report that 4ffiber Jeff Andrade niay have.' made:tegardin. the..activitle$ that occurred at.Apt-0,on-that date. Thank you for your cooperation and consideration In this matter: Ver y truly yours, BARRY VOGI BV:me Cc: Client -J J Willits Police (Department 125 E. Commercial St., Suite 150 - Willits, CA 95490-3146 (707) 459-6122 - Fax (707) 459-0405 EST XW/ 1888 "FOR THE PEOPLE" Augusts; 2,010, Barry Vogel, Attorney at Law P.O. Box 383 Ukiah, CA 95482 Re: 201 Holly Street, Apt: #8, Willits, CA -.March 18, 2010 Dear Mr. Vogel: am in. receipt of your letter dated August 4, 2010 to Chief of Police Gerardo Gonzalez, in which you request copies of a report concerning activities at the above date and location: Pursuant to your request, attached please find a copy of the report prepared by Sergeant Donahue (Willits Police Department Case 6-10-000405). Also please find copies of CAD. entries made "pertaining to the events of that day. In response to your request for report(s) that Officer Jeff Andrade may have made that day, there were no reports taken by Officer Andrade. Our agency responded to the location as an "Agency Assist", and normally there are no reports taken - only CAD entries showing the officer(s) being dispatched to the location. If 1 may be of further assistance in this.rnatter, or if you require clarification, please do not hesitate to contact me. Sincerely, Tobey J. ale' Administrative Supervisor cc: Case File 6-10-000405 8/05/10 HTE CAD PAGE 1 9:16-:18 CAD. CALL INFORMATION 10-0770095 Call Number: 100770095 SI Call Type.: 001 AGENCY ASSIST Police Entry Day/Tm: 3/18/10 14:31:35 001.AGENCY ASSIST Police CmnN: Area/Unit......: 060 WILLITS POLICE DE Location...: 201 HOLLY ST Apt: .8 City......: WILLITS Block#:. 200 Loc ID: Mapr: 3181300063 Intersects.: POPLAR -MAGNOLIA Caller Name: Last: Address.... City/State: Call Taker.: Dispatcher:: First: Phone#. : 3370 LAVENDUSKEY CAYLIE 3 3 7 0 LAVENDUSKEY CAYLIE Mid: See Caller: Apt: Source: SI WPCAD01A :WPCAD.01A N A R R A T I V E PER 6S1 10-22 6P13 3/18/10 14:31:35 3/18/10 14-:31:35 3/18/10 14:31:35 3/18/10 14:38:46 Unit Status History Information 14:35:40 14:35:40 14:35:40 14:35:40 4 DISPATCHED D 3350 ANDRADE,,= -6 AT SCENE AT 11. Assigned. as. Primary PR 20 AVAILABLE AV D I S P O S I T I O N S 1 019 'ASSISTANCE PROVIDED Case# 6 - 00-000000 Unit: 6P13 WILL.ITS POLICE DEPAIRTMNT CONTROLLED DOCUMENT CONFIDENTIAL INFORMATION DO NOT. DUPLICATE 8/05/10 HTE CAD / PAGE 1 9:16:18 ''CAD-, CALL INFORMATION -1.0,0-770098 Call Number: 100770098 SI Call Type.: 001 AGENCY ASSIST Police Entry Day/Tm: 3/18./10 14:39:26 001 AGENCY ASSIST Police CmnN: Area/Unit......: 060 WILLITS POLICE DE Location...: 201 HOLLY ST Apt: .8 City......: WILLITS Block#: 200 Loc ID: Mapr: 3181300063 Intersectn.: POPLAR MAGNOLIA Caller Name: Last First: Address...'- City/State: Phone#: Call Taker.: 3370 LAVENDUSKEY CAYLIE Dispatcher- : .3370. ,.LA.VEND.USKE.Y CAYLIE N A R R A T I V E 6S1 ADVISED TO GO AHEAD WITH ASSIST REF 0100770095 6P12 Unit-Status History Information 3/18/10 .14.:43..43. 4 DISPATCHED D 3/18/10 14:52:30 16 RESET UNIT TIME CHEC.98 3/18/10 14:52:32 6 AT SCENE AT . 3/18/10 15:07:40 20 AVAILABLE AV 6P13 Unit Status History Information, 3/18/10 14:39:26 3/18/10 14:39:26 3/18/10 14:39:26 3/18/10 14:52:30 3/18/10 14:55:33 3/18/10 15:20:43 3/18/10 15:32:29 3/18/10 15:51:48 4 DISPATCHED .6 AT SCENE 11 Assigned' & 16 RESET UNIT 16 RESET UNIT 16 RESET UNIT 16 RESET UNIT 20 AVAILABLE D AT 3 Primary PR TIME CHEC RS TIME CHEC RS TIME CHEC RS TIME CHEC RS AV Mid: See Caller: Apt Source: SI WP CAD 01A WPCAD-01A 14:40:06 14:40:06 14:40:06 14:40:06 14:40:06 3335 HARRIS,KAR 3350 ANDRADE, JEF D I S P O S I T I O N S 1 0.19 ASSISTANCE PROVIDED Case# 6 - 00-000000 Unit: 6P13 WILUTS. POLICE DEPARTMENT CONTROLLED DOCUMENT CONFIDENTIAL INFORMATION 01,10T. "PH ,.E Date: 8 / 05/10 WILL'ITS POLICE • DEPARTMENT Page.: 1 Time: 8:49:50 Program: CMS301L Case Number • 6-10-0.00405 Occur From Date: 3/18/10 14:00 : Occur To Date 3/18/10 15:30 Day-Of Week THURSDAY Dept Class : MISDEMEANOR Case Status OPEN.-TO D.A. FOR REVIEV Case Status Dt : 3/24/10 Street Number : 201 HOLLY ST 8 City . . . . : ~ Map Reference WILLITS, . CA 3181300063 Location'Type ':"'-RESIDENCE -MULTI FAMILY Report Officer : DONAHUE, JACOB Report bate' . : 3/24%10 16:19 Supervisory Emp: DONAHUE, JACOB 3 /24/10 Entry Employee : STAINBROOK, MIKE 3/22/10 0 F-F E N S E R E P O R T # Case Number 6-10-000405 State Class ASSAULT BY PUBLIC OFFICER 149PC Federal Class : OTHER CRIMINAL OFFENSES Statute/Ordin : 149 PC UCR Disposition: Dispo Date . . : 3/24/10 TO DA FOR REVIEW S U S PE C T/ A R'R E S T E E I N F O. R M A T I O N - # 1 Case Number 6-10-000405 Suspect name: HOYLE, PETER Street Number 300 SEMINARY AVE City UKIAH, CA 95482 Home Phone-No. ,707/4.63:=.6242 1esidency Locat :UNKNOWN Status OTHER ********.*.**.*:~r.*....~n7 I .'I'_..N. E. S. S .I N F 0 R M A T I O N - # 1****************~ Case Number '6-10-000'405 Last Name KLEIN, MARIGOLD Street Number 2 01 _ HOLLY ST 8 City WILLITS, CA 95490 MENDOCINO Home Phone No. : 707/459-1627 County.. Birth Date 6/28/1951 58 Oper Lic No. C1442602 CA Race :.WH.ITE Sex . . . . . . FEMALE ' ' Height . . . . : 507 Weight : 0 14 Juvenile . : ADULT Hair Color : BROWN BRO Eye Color : BLUE BLU Residency Locat: CITY LIMITS V I CT I M I N F O R M A T I O N - # 1****************** Case Number : ' 6-10-000405 Prompt valid in: KLEIN, KRISSA LEE : Street Number 201 HOLLY ST 8 City : .WiLLITS, CA .95490 MENDOCINO Home.Phone No. : 707/45.9-1627 County : Birth Date : 5/31/1988 21 Oper Lic No. : E1699389 CA Race : WHITE Sex FEMALE Height : 510 Weight . . . . : 170 Hair Color : BROWN BRO Eye Color : Residency Type : BLUE CITY LIMITS BLU Status OTHER Victim Type ADULT File Charges YES Can Identify YES Victim Sobriety : SOBER * * * * * * * * * * * * * * * END OF REPORT * * * * * ILLff POLICE DEPARTMENT C&,1DENTIA1. INFORMATION ; FILED 1 APR 4 4 Za1® 3: 4 5 6 SUPERIOR.COURTS OF MENDOCINO COUNTY 7 STATE OF CALIFORNIA, '8 COUNTY OF MENDOCINO 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26" 27 28 29 Case.Nb. Mc-10-010.6. AFFIDAVIT AND PETITION IN SUPPORT OF SEARCH WARRANT Personally- appeared before. me.. this 1.8th day. of March 2010, or, presented via facsimile with preceding telephone call,. The affiant, Raymond. D. Hendry, who on oath, makes complaint, and deposes and says that he has and there is probable and reasonable cause -to believe.:, and-that... he does, believe, that there is now in the County of Mendocino, State of.California, the following personal property, to wit: 1.' Narcotic medications and controlled substances which are pharmaceutical in nature however containing narcotics and controlled substances cover under 11054 through 11058 of the California Health and safety code, to include however not limited to Hydrocodone/APAP also known as vicodin, Oxycodin, Codeine, Norco, Oxycodone and soma. 1 2. Pill bottles and containers which list the names of subjects. 2 they have been prescribed to the date of prescription and the 3 type and count of medications which have been dispensed. 4 3. Items commonly associated with pharmaceutical prescriptions to 5 include however not limited to prescription blanks, prescription 6 pads, triplicate prescription pads, papers depicting practice 7 signature, papers which depict, practiced. °mepdi°cal tablature and 8 names of doctors both from Mendocino County as'well as areas 9 outside this county. 10 4. Money ledgers, narcotics distribution customer lists, controlled 11 substances supplier lists, correspondence, notation logs,.. 12 receipt's,.: j,ournal-s, :books, pay and. ©w.e sheets, :,.records and other 13 documents.noting the price, quantity; date and/ or times when 14 . narcotics were 'purchas'ed, porssessed, •transferred, distributed, 15 sold or.--concealed; Computer disks,..compi t.ex, printouts, computer 16 codes, and computer programs in addition to computer hard disks, 17 c.ompute.r.s.creens, computer key boards, directory disks, all 18 'computer components which operate computers which would reveal 19 the receipt of proceeds from narcotics distribution and the 20 transfer, investment, control and disposition of those proceeds. 21 5. Bank account records, wire transfer records, bank statements 22 and records, money drafts, letters of credit, safety deposit box 23 keys and records. Income tax records,. and financial transfers 24 which reflect the money generated from the sales of a controlled 25 substances. 26 27 6. Personal telephone and address books and listings, letters, 28 cables, telegrams, telephone bills, photographs; audio and video 29 tapes, personal notes..and other items reflecting names, addresses, 1 telephone numbers, communications and illegal activities associates 2 in narcotic trafficking activities. 3 7. Indicia of'occupancy, residency, control and or ownership 4 of the residence as well as the vehicles described in this order and 5 things described in this warrant, such as vehicle registrations, 6 insurance receipts insurance bill, credit cards, keys-and photographs. 7 8 9 At the following location: 10 The residence to be searched is located-and described as follows., 11 The residence to be searched is a two story apartment complex brown in 12 color-. The residence is located-at 201 Holly Street apartment 8 in 13 Willits, Ca. The letter 8 is mounted on the front door. This 14 . apartment i.s...l.o.ca.ted.,on..the.. secs nd ..story of the two. story :complex. 15 16 Also to be searched are the persons of Tessa Garcia, DOB 1/25/1991 17 DL#D95-08643. 18 Also to be searched a 1998 Toyota pick-up with license plate number 19 7G41113 and any other vehicle associated with the residence to be 20 searched. 21 22 Your affiant states he has received the following training and 23 experience in the field of major crime investigations. 24 25 I, RAYMOND D. HENDRY SR #1211, am a peace officer employed by the 26. Mendocino County. Sheriff ',s. O,f:fdce; and have .been, s-o ..si.n.ae .200:6... Since 27 December 1St of 2.008 I have been assigned as a Special Agent with the 28 Mendocino Major Crimes Task Force. 29 l l I have been a sworn California Peace Officer since 2006. I : 2 1attended a basic Police Officer Academy at Butte Community College it 3 lasted., 16 weeks., do 2004. 1. was taught .criminal law, narcotics, - search 4 and.seizure along with numerous other subjects. 5 I worked three years as a Tribal Police Officer at three 6 different tribes. I worked for. Hopland Band of Pomo Indians for one 7 year in 1999. I investigated or participated in the investigation of .8 numerous criminal offenses, including thefts, burglaries, assaults, 9 and narcotics violations. I also worked for Cahto-Tribe for one year 10 in 2000 doing similar crimes. I worked for Coyote Valley Reservation 11 for one year in 2005. I investigated or participated in the 12 investigation of numerous offenses, -including child molestation, sex 13 offenses, child abuse, burglaries, and narcotics. violations. 14 I attended. a-sixteen hour 1155.0. drug recognition c.las.s in 2005, 15 which taught "the recognition,--packaging, and effects on the human body 16 with the different types of narcotics. 17 I have participated in and with the Drug Enforcement'Agency, 18 Mendocino County C.O.M.M.E.T Unit and the Mendocino County Major. 19 Crimes unit, in the service of no less than 50 search warrants, which 20 resulted in no less than 100 arrests and seizure of no less than 21 100,000 marijuana plants and.no less than 1,000 pounds processed 22 marijuana bud. 23 I haee investigated and assisted in the investigation of no less 24 than 75 major crimes to include however not limited to, murder,. 25 lattempted murder, felonious assault,"burglary,. grand theft, 26 embezzlement, narc.otics.:.possession/.sales. 27 I have attended the California Narcotics Officers Association 28 Conference in November 2008 and 2009. 29 1 1 I have. participated in and monitored via body transmitter, 2 controlled drug transactions taking place on -no 'fewer than. 10 3 occasions. 4 I have attended a four hour training class on pharmaceutical drug 5 abuse and a four hour class on the pharmaceutical drug Oxycontin. 6 7 Your affiant-stays- that the -facts in support. •o.f: the issuance of the 8 Search Warrant areas follows: 9 10 I have received information from several untested and tested 11 informants that Tessa Garcia is using and selling Oxycontin pills. 12 These..informants.told your affiant that Garcia has sold Oxycontin 13 pills from her residence and sometimes travels with them.in her. 14 vehicle to.a pre-designated location. 15 REFER TO EXHIBIT "A" FOR FURTHER. 16 17 Your affiant knows based on his training and experience that 18 persons involved in the diversion of pharmaceutical drugs are often 19 abusing said drugs much like persons involved in the use and 20 distribution of illicit street drugs. Further persons selling and 21 distributing diverted pharmaceuticals often do so to off set the cost 22. of their drug habits. 23 24 Based on the aforementioned facts your affiant states he 25 believes a search of the aforementioned residence and vehicles.will 26 reveal the items sought. Further-the.se..items. will, tend. to..show that 27 particular person(s) are responsible for said crimes. 28 29 ~xln► bi-~3„ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Further.your affiant states the seizure of these items will provide evidence that a felony has been committed, and that particular persons are responsible for this crime. Your_affiant has reasonable cause to believe that grounds'for the issuance of a search warrant exist, as set forth in Section 1524 of the California Penal Code, based upon the aforementioned facts and circumstances. Your affiant prays that a Search Warrant be issued, based upon the facts, for the seizure of said property, or any part thereof, and that the same be brought before this Magistrate or retained subject to the order Of the court, or of any other court in which the offense(s) in respect to which.:the property or. things -taken is triable, .pursuant to Section 1536 of the California Penal Code. Sworn to and subscribed Raymo d Hendry/ Special Agent before. me this. .18th day of March,' 2 010 , at. Ukiah, California, at the hour of a.m. / p.m. 17 18 19 20 21 22 23 24 25 26 27 28 29 JUDGE OF THE SUPERIOR COURTS t o 1 ~ . ~ i 1 2 3 STATE OF CALIFORNIA, 4 COUNTY OF MENDOCINO 5 ''CO-PY F I L E D SUPERIOR COURTS OF MENDOCINO COUNTY APR 0 9 Nio Case No. Mc 10- r r SEARCH WARRANT 6 7 THE PEOPLE OF THE STATE OF CALIFORNIA', TO::' ' Arty • Sheriff-, Constable, 8 Marshal, Policeman or any other peace officer in the County of 9 Mendocino, State of California; 10 Proof by affidavit having been .made this 18th day of March,. 2010, 11 before me by Raymond D. Hendry that. there is probable cause for the 12 issuance, of the- SEARCH °WARRANT set, forth in said .Affidavit•.presented 13 to me this date and by reference thereto made a part hereof as if 14 fully set forth herein, 15 YOU ARE, THEREFORE COMMANDED to make immediate,s.e.arch, good cause 16 being shown therefore, for the following described property: 17 18 1. Narcotic medications and controlled substances which are 19 pharmaceutical in nature however containing narcotics and 20 controlled substances cover under 11054 through 11058 of the 21 California Health and safety code, to include however not limited 22 to Hydrocodone/APAP also know as vicodin, Oxycodin, Codeine, 23 Oxycodone and soma. 24 25 2. Pill bottles and containers which list the names of. subjects 26 they have been prescribed.,to the date of prescription and the 27 type and count~of medications which have been dispensed. 28 3. Items commonly associated with pharmaceutical prescriptions to 29 include however not limited to prescription blanks, prescription 1 pads,'triplicate prescription pads, papers depicting practice 2 signature, papers which depict practiced medical tablature and 3 names of doctors both from Mendocino County as well as areas 4 outside this county. 5 4. Money ledgers; narcotics distribution customer lists, controlled .6 substances supplier lists, correspondence, notation logs, 7 receipts, journals, books, pay and owe sheets,.records and-other 8 documents noting the price, quantity, date and/.or times when 9 narcotics were purchased, possessed, transferred, distributed, 10 sold or concealed; Computer disks, computer printouts, computer 11 codes, and computer programs in addition to computer hard disks, 12 computer screens, computer key boards, directory disks, all 13 computer components which operate computers which would reveal 14 the receipt of proceeds from narcotics distribution and the 15 transfer, investment, control and disposition of those proceeds. 16 5. - Bank account records, wire transfer records, bank statements 17 and records,.money drafts., letters of credit, safety deposit box 18 keys and records. Income tax records, and financial transfers 19 which reflect the money generated from the.sales of controlled 20 substances. 21 6. Personal telephone and address books and listings, letters,. 22 cables, telegrams, telephone bills; photographs, audio and video 23 tapes, personal notes and other items reflecting names, 24 addresses, telephone numbers, communications and illegal 25 activities associates in narcotic trafficking activities. 26 7.' Indicia of occupancy:; residency,,,control and or ownership 27 of the. residence as well as the vehicles described in this order 28 and things described in this warrant,. such as vehicle 29 1 registrations, insurance receipts insurance bill, credit cards, 2 keys and photographs. 3 At the.. following location: 4 5 The-residence to be searched is located and described as follows, 6 The residence to be searched is a two story apartment complex brown in 7 color. The residence-is located at'201 Holly Street-apartment-8 in 8 Willits, Ca.. The letter 8-is mounted on the front door. This 9 apartment is located on the second story of the two story complex. 10 11 Also to be searched are the'persons of Tessa Garcia, DOB 1/25/1991 12 DL#D9.508643. 13 Also to be searched a 1998 Toyota pick-up with license plate number 14 -7G41113 and any other vehicle. as.soci.ated with..the.re.si.dence .to be 15 searched. 16 17 And if you f.ind said personal property -as hereinabove described or any 18 part thereof, you are to bring it forthwith before this Court, or any- 19 other Court in which the offense ,is.triable, or to retain such 20 property in your custody, subject to the order of this Court in 21 conformity with section 11479 of the Health and Safety code pursuant 22 to the provision of.Section 1536 of the California.Penal Code. 23 Given under my hand with the seal.of said court affixed this 24 18th day of March, 2010 25 26 27' JUDGE OF THE SUPERIOR COURTS 28 29 1 2 3 4 .5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 SUPERIOR COURTS COUNTY OF MENDOCINO .I I'L, E ae No. MC10-0106 STATE OF CALIFORNIA, COUNTY OF MENDOCINO. SEALING EXHIBIT "A" WARRANT ,Based upon a review of the entire search warrant affidavit, this court finds that there exists an overriding interest that overcomes the right of.public access to the record; the overriding interest supports sealing the record; a substantial probability exists that the overriding interest wi°11be prejudiced if the record is not sealed; the proposed sealing is narrowly tailored; and no less restrictive means exist to achieve the.overriding.interest. The court further finds that 'if any of the information within the portion of the affidavit requested to be sealed is made public, it will reveal or tend to reveal the identity of any confidential informant(s), impair further related investigations, and/or endanger the life-of any confidential informants. Therefore it is ordered that this Exhibit "A" in support of search warrant #MC10-0106 be sealed pursuant to People v. Hobbs (1994) 7 Cal. 4th 948. It is also ordered that this Exhibit "A" not be opened without further order of this court. Further, this sealed document is ordered to be held by the Mendocino Superior Court and not be made part of the public record or opened without a court.order.. Given under my hand with the seal of said court affixed this 18th day of March, 2010. (JUDGE OF THE SUPERIOR COURT i COPY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 29 FILED H APR 0 6 2010 CLERK MENDOCINp NTY SUPE . ii,CO. T OF C MIN A i.SUPERIOR -COURTOF . CALIFORNIA COUNTY OF MENDOCINO STATE OF CALIFORNIA, COUNTY OF MENDOCINO Case No. MC10-0106 RETURN OF SEARCH WARRANT I; -Raymond Hendry, a Special Agent.-with the Mendocino Major Crimes. Task. Force, after obtaining the.attached Search Warrant, did search the premises and persons, pursuant to the said Search Warrant, on 3/18/10, and seized the property as listed in the two page receipt entitled Exhibit "B" attached hereto and incorporated herein by reference.. Said property, listed on Exhibit "B" constitutes all of the personal property. seized by virtue of the said Search:Warrant, and all of the property will be retained in. my.donstructive custody and in the actual custody of * professional law enforcement agencies and agents including, but not limited to'the.Willits' Police Department, Mendocino County Sherif.f's Office, Mendocino Major Crimes Task Force, California Department of Justice; -United States Customs Service,., and the U.S. Treasury Department, pursuant to the.provisions of Section 1536 of the California Penal Code. i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 I, Raymond Hendry; by whom the aforesaid Search Warrant was executed, do swear that the property listed on the attached Exhibit "B" contains a true and correct account of all property 'seized by virtue of the above"described Search Warrant. Raymond Hendry/ Special Agent Subscribed and sworn to before me this 6th day of April, 2010 JUDGE OF THE SUPERIOR COURT Mendocino. County PROPERTY RECEIPT Page of Case No.. ~ C' Date 3 ` f o roperty received/seized from: Jame t S 5 A Address I HEREBY ACKNOWLEDGE RECEIPT OF THE BELOW DESCRIBED PROPERTY: Item No. Description (include serial number) txact location touna (if applicable) r V Lk_- s J-- O r-11 L> D k \ C~'~ r i(ii.~~ l r.7 1..~ V f Y `J 1Z C ~J 1 C.a Imo( /4 i L v = l~ Receiving Individual (Print *or type). Deceiving Individual (Signature) Witnessing Individual (Print or type) Witne si Individual (Si nature) MENDOC.INO. MAJOR. CRIMES .TASK° FORCE- P.O. Box 879, Ukiah, CA 95482 (707) 463-4500 INVESTIGATION REPORT Investigation T.itl-e.: ..Report..Type: Inv-e.s..tigati.on No: Klein, Marigold Klein, Krissa. Open/Close MC10-0107 Case Agent: Reporting Agent: Date: 'Hendry 'Hendry "3/22/10 CODE SECTION: N/A SUMMARY:. On 3/18/2010, at approximately 1430 hours, Agent Hoyle, Officer Jeff Andrade,. and I conducted a search warrant at 201 Holly Street apartment 8. Two female subjects were contacted inside the apartment. The females were identified as Marigold Klein and.Krissa Klein both living at this residence. . No evidence was seized from this location. DETAILS OF INVESTIGATION: On 03/17/2010, Agent Doyle and I .met with a Confidential Informant (CI) in the Willits area. The CI gave me information in regards to Tessa Garcia selling Oxycontin out of an apartment in the Holly Heights Two apartment complex. The CI explained to me that Garcia lived upstairs in the apartments that face Poplar Street. I was unclear of what apartment the CI was referring to so I asked for him to draw me a picture of the location of the apartment. The CI drew a picture on the paper and. explained- the : directions as, he-was drawing them. The CI told me that the apartment was upstairs and in the second row of apartments. The CI said that at the. bottom of the stairs were several toys and children's bicycles. I then drew a map and explained what-.I was drawing to the CI to confirm the location. .The CI. told me that the map I drew was MENDO•CINO MAJOR -;RIME'S TASK "FO'R:CE Investigation.Report (continued) Investigation Title: Klein, et.al Investigation # MC10-0107 correct .and .the.:apartment matched the map .he had drawn previously. On 03/18/2010, I was at the. Ukiah Court House When I spoke with a Citizen Informant.about a large amount of Oxycontin being delivered to the Holly Heights apartments in Willits.-. This informant " tbld me'that 'he/she 'knew -the, Oxycontin was being delivered to Tessa Garcia from an unknown male. The informant told me that the apartment was located in the second set of apartments and was upstairs. I spoke with officer Andrade of the Willits Police Department and gave him the location of the apartment as the informant had described to me. Office Andrade drove by the location and told me that the apartment described,by,"the informant was apartment number 8. On 03/.18/2010, .1 authored .a.-search warrant..for.:20.1 .Holly Street #8,. which is the Holly Heights Two Apartments. At 1430 hours, Agent Hoyle and I arrived at this location. I knocked on the door and announced my presence and demanded .entry for a search..warrant._ : A female adult.later identified as Marigold Klein answered the door and Agent Hoyle and I entered the residence. As I entered the residence, Marigold Klein, backed up and into the living room area. While I was speaking with Klein I could hear Agent-Hoyle announcing his presence as he walked westbound down the hallway (refer to Agent Hoyle 's supplemental for further details), while speaking with Klein I determined this residence was not the location of the .'suspect I had identified -in my .investigation. I immediately announced to-Agent Hoyle that we were not, at the correct location. No further search was conducted. I•exited. the residence to secure the correct. location as Agent-Hoyle explained the mistake to the Klein family (refer to Agent Hoyle's supplemental). I determined that the correct location for Garcia was apartment number 12: (See case#MC10-0106 for details) MENDOCINO MAJOR CRIMES TASK FORCE Investigation Report (continued) Investigation Title: Klein, et. al Investigation # MC10-0107 I later returned to the residence and made contact with a male who told me'that his mother had taken his sister to the emergency room. EVIDENCE: . 1. N/A PHOTOGRAPHIC EVIDENCE: N/A, ASSET FORFEITURE SECTION: N/A SUSPECT PHYSICAL VESCRIPTION: Klein, Marigold, WFA, 6/28/1951 201 Holly Street Apt 8, Willits Ca.. Klein, Krissa,,WFA, 5/31/1988 2 oily Street Apt 8, Willits Ca. 11er Hendry, Special Agent APPROVED:- Robert NLs.hivama, Special Agent Supervisor Bureau of Narcotic Enforcement 3-zq-[a Date -3... 3.," J . ate . -MENDOCINO 'MAJOR -CRIMES TASK FORCE P.O..Box 87,9, Ukiah, CA 95482 (707) 463-4500 INVESTIGATION REPORT Investigation Title; .KLEIN,°Krissa KLEIN, Marigold Case Agent: Hendry Report. Type: Supplemental Reporting Agee Boyle Investigation MC10-0107 Date: -18 'Mar 10 CODE SECTION: N/A SUMI!ARv . On 18 Mar. 10, agents ...from.;,the -Mendocino Major Crimes Task Force (MMCTF) entered 201 search warrant. ##8 Holly St.; Willits pursuant to a Marigold and Kzissa Klein were contacted in the apartment. All evidence is. held under Mendocino..Major•Crime (MMCTF) '-evidence ##16-0107-10. s Task Force DETAILS OF INVESTIGATION: On 18 Mar. 3.0, I was assistin S/A Hendry with the service of a search warrant authorizing he Willits. search of 201 8 # Holly $ About 1430 Hrs., we walked up the 8 stairs S/A Hendry knocked on the door announcin g g he was apartment where a police officer serving a. search warrant and demanding entry. g y. The door was..opened by Marigold Klein and I followed S/A Hend • into the residence. r S/A Hendry detained Marigold inside. the doorway.and I turned to the right into,a darkened hallway . At the end of the hallwa I on my ri ht. y encountered a closed bedroom. door g I announced I was a police off icer,.serving a search warrant.alad .demanding °entry. I .saw additional'rooms off'of the hallway as well and w they hadn't been searched for-suspects. as aware The bedroom .door remained closed and as I approached the' door to open it the door was opened from the inside by Krissa Klein. xj~ t_I a MENDOCINO MAJOR C RIMES TASK FARCE Investigation Report (continued) Investigation Title:-Investigation MCI 0. -0108 I saw the ascertain room was dark -behind if there were additional Krissa and I wasn't able I saw what People in the room, to Krissa.' A appeared to be a lowered bed s I was the sole of some additional rooms Officer in type behind darkened room thathat hadn't been the hallway, there cleared were towards..,Krissa whileha 't `been cleared and Krissa was in a .telling her to I closed the distance Krissa didn, t get onto the floor. respond and I tow Krissa doadn wn, while continued ands putting my flashli her tellin the room I t responded and ght into m 9 her bed where used my left hand to control Krissa y pants Pocket. she sat Push Krissa while entering back. °n her buttocks backwards and then backwards onto the A~ onto her Hendry then durin announced that the g this investigation sus. Krissa to her feet. did not Pects: he'd identified with. her mother room and asked that she meet me in the li-ving Marigold. meet me in the living S/A Hendry left Krissa, I eX the an apartment and apartment Plained I spoke to Marigold informant and as one from w had for the incorrect here drugs were identified 'their information, being sold°I I _ apologized told both obtained that as a result a search warrant Of the information s for their apartment. /A Hendry had Marigold told me-thatpeople asking to purchase drugs. have to her there. Js or come door looking for people that at all hours. didn t live Krissa told me showed that she'd" had - me old surgery scars on sthee wrist, her deft wrist and used her left wrist have, "pulled a staple slow her fall and was Krissa said she'd concerned she may I told Mari complete the gold and Krissa investi that I was going me luck a ga,tion.and I would g next door nd I left. return shortl to I.returned Y• Marigold to Marigold and gave each my business Krissa within thi a againpartment explained that card. I also photogra rty minutes and an phed Krissa' as'the informant s wrist. Judge had issued one where drugs were had identified a search warrant. being sold their from.. ..and a n MENDOCINO MAJOR CRIMES TASK Investi FORCE gation Report (continued) Investigation Ti.tle:_Investigatian # MC10-01.08 Marigold was very drug sellers uomort in the cive -and encouraged fie ` to. her wrist but plex. Krissa made no arrest the said she hoped she hado complaint re regarding t re-injured 'It'. I told both to contact apologized. for the informanme if t s either mistake•had questions and again After"COmplet.ing the'investigati check-on Kri on S ssa and was /A Hend sister a told-by a male ' returned to #8 to and that Krissa and her mother who said Krissa was his room. had one 9' to the emergency T returned to the chemicall MMCTF office in Ukiah where y activated cold packs. I obtained six spoke to a male who said his motherr and rned tO nearby hospital. sister hadrtment g and gone to - the I traveled. to' Howard Hospital contacted Marigold and Kr emergenc direc.tons-'.from an issa as. the y rO°m (ER) where .I they were receiving discharge I spoke to Marigold who said , and it wasn't Krissa s wrist precaution. broken. Krissa's wrist had had been sbeen'x_,rayed glinted as, a. I told Marigold that I' Taylor who represented ahatlked with tri the city supervisor, UPD Captain Pay the medical bill. Of Ukiah would 'attempt to.. Krissa told me that she math class while a now had a good excuse for ppearing in good spirits, missing her I returned to the ER the medical ..bill on 19 Mar 10. in an attem t finalized. total. T'`learned the p t'O ascertain bill hadn't been Itelephoned the an answer. Klein household I went to the (459-1627) and didn't receive which was opened b apartment and knocked supervisor would like t0 I explained to on the door available . to , meet I with Mar.go.l..d:.:aY~:at :my her and asked if she. was Marigold said that going to Ukiah. that, next week" would Ukiah if se~wanted ~andhshethat m be better as she was y supervisor would meet her in better and that she would repeated that " call me, next week".would be I then left from,, the area. .n I~ MENDOCINO -MAJOR CRIMES TASK, FORCE Investigation Report (continued) Investigation Title:_Investigation # MC10-0108 A171 -evidence, is, held- under.-Mendocino Major Crimes Task Force .(MMCTF) evidence #16-0107-10. EVIDENCE: The following evidence was seized, booked and placed into MMCTF ev.idenc.e...by...S./A Hoyle. under. Evidence #16-0107-10. 1. Hand drawn map. PHOTOGRAPHIC EVIDENCE: Compact disk containing photographs of Krissa's-wrist. ASSET FORFEITURE SECTION: N/A PHYSICAL DESCRIPTION: Marigold•Klein DOB 6/28/51. 201 #8 Holly.St., Willits Ca. Krissa Klein DOB 5/31/88 201 #8 Holly St.,' Willits, Ca. Pete 11,6yle, Special Agent Date APPROVED: Robert Nish' , Special Agent Supervisor. Bureau of Narcotic Enforcement 3. D Ate Art Therapy 4aastitute-of the .Redwoods 10151 East Road Redwood Valley, CA 95470 707-485-0105 Linda Chapman, MA, ATR-BC Name: Krissa Klein Age: 21 y/o woman Referral: Barry Vogel,.Esq. Session Date: July 2, 2010 Reason for Referral: Reactions to incident involving physical and emotional trauma following a home invasion by a Law Enforcement Official with incorrect information/and or mistaken identity pertaining to matters involving a search warrant. Observation: Ms. Klein was cordial upon arrival. She was able to describe her symptoms, including but not limited to, sleep disturbance, exaggerated startle response, appetite changes, excessive fear, excessive anxiety, and intrusive images. Working Diagnosis: Post Traumatic Stress-Disorder (309.8-1 DSMIV-R) since symptorns•have persisted beyond 30 days. Ms. Klein was guarded yet willing to participate in the CATTI, a specific art therapy treatment intervention designed to reduce PTSD symptoms following an acute traumatic episode. In an hour long session, Ms. Klein was able to create a visual narrative of the event followed by a verbal retelling of the event with the images. During the retelling, she was asked about reactions, responses, and symptoms. She was given information and explanations for her responses and reactions, misperceptions were corrected, and her body memories were activated and addressed. She was able to describe physical and emotional sensations connected with the event during the retelling portion of the intervention. Following the intervention, Ms. Klein reported that she "felt relieved" and was smiling and breathing normally when she left. She recommended the intervention to her.Mother stating, "You should do it Mom, it really helps." Ms. Kleins participation was typical, and the results were typical. She was contacted two days later,to assess her symptoms and she reported she had not had any nightmares. She left for the United Kingdom two days later. AHDCTRTR01 5/1?- 010 7:01:16 PM PAGE 018 -'-)30 Fax Server - ~ rn~r. rf 3aa~~~ Procedure Date: Ordering Doctor: Accession#: 05/12/2010 19:24 Jonathan Linthicum, MD 329 . MR100019883 Exam Type: MRI Upper Ext JtLt WO Co HISTORY: 'This patient has had 2 ganglion cyst removal surgeries, one about 2 years ago and one about 4 years ago. Now she has tenderness in the same area. She dates her current pain to a fall in March of this year. TECHNIQUE: Images performed with a General Electric 1.5 Tesia scanner: Coronal PD fat saturation, corona] T1, axial T1, axial T1 fat saturation, sagittal T1, sagittal T2 STAR gradient, axial 3D SPGR fat saturation, axial T2 gradient FINDINGS: Dorsal to the carpal bales, centered roughly over the naviculocapitate articulation, is a multiloculated fluid collection. In axial cross section, this measures about 5 x 10 mm. Craniocaudal, it has a maximum dimension of about 9 mm. This lies directly underneath and most closely associated with the extensor digitorum and indicis tendons, particularly those.cn the lateral.side.. The ma rk-e.r on. the skin notes that-.this.is the si.te..of..the•patients complaints. IMPRESSION: Recurrent ganglion cyst. cc JONATHAN J. LINTHICUM, MD -[329], [ATD] {[VRMG] D LP,05/13/2010 11:28:34, Site Voice Job, 4988130, EOC Voice Job 4988130 T kko/5473117,05/1 3/2010 11:32:27, Text Job 4267450 Date Last Modified: 05/1312010 11:32:27 By. kko Sm'AMH-IDr05/1212010.:,9VS"~;?1R4T?RADREPORTNIUIUopetEntRLtWOCoAPFIMELN,=SSAI{tit 9003t'tNT _a Dictated and,Si.gned by LUC.ILLE PERMNS, MG •*[291]- 0 5/13/2 010 16:38:2 5P T Frank R: Howard Memorial Hospital One Madrone Street, Willits CA 95490 (707) 459-6801 Account: 31989486 MEDICAL IMAGING REPORT Attending Provider Copy MRN: 90034 DOB: 0513111988 Patient Type: O Patient: KLEIN, KRISSA L Paae 1 of.1 Pt Name: KLEIN, KRISSA LEE Pane 1 of 2 Chart'Request Id: 18796379 E D T P. a ~:e a: vv d: l n 1 1./: a 1 .•.A.s s e S..8 Av e n t ED Triage and Initial Assessment ••0311,811045 49'PDT Perfarmed.by Stevens,, RN, David C Entered on 0311 811 0 15:55 PDT Reason for Visit Clinical Diagnoses Wri§t injury Confirmation Type Status Date LT WRIST I143L'RY. Type Reason for visit history Triage Confirmed Reason For Visit 03/18/10 .•Atbnitting , Left wrist trauma, approx. 30 minutes pta. Arrived from Home Lives at Home Transport mode Walking Preferred language English Primary care provider Bowen Temperature (F) 98.1 DegF Temp site oral Pulse rate 119 brm Respiratory .rate <lb =br/•miri Pulse Oximetry 98%, Oxygen delivery trigger Oxygen delivery Systolic BP 149 mmHg Diastolic EP 94 mmHg BP site Right arm Intensity of pain 1 8 Location of pain 1 Wrist, left Weight (kg) 82:00 kg How measured Stated Any sharp objects No Abuse concerns No DCP GENERIC CODE Are you thinking.bf• harming or 'killing yourself?.: ;No Are you thinking of harming or killing anyone else?: No Allergies Allergy Reaction 1. MA Allergies reviewed Home Medications information obtained home meds No home medications Source of.home..medications Patient's pharmacy Medication 'list reviewed Review home medications Medical History Hosp last 6 months Musculoskeletal med details Gastrointestinal med hx Gastrointestinal med details Comment: severe stomach ache for days Yes At triage/ ED Pt not on home meds Verbal,£rom patient with no hesitation Rite Aid, Willits Medication list reviewed Done No Ganglionic Cysts Other gastrointestinal med rx. History-,of-undiagnosed "stomach trouble," now resolved. Health Frank R. Howard Memorial Hospital ..One. Madrone..S.treet Willits, CA 95490 Cxvnb A-`+ o. "6 Pt Name: KLEIN. KRISSA LEE NMN: 090034 Acct: 25473398 Age: 21 years Admit Date: 03/18/2010 Discharge-Date: 03/18/2010 I . ee Time: 17:46:00 PDT Pt. Name. -KLEN. IMSSA. LEE Page 2 of 2 Surgical History Eras pacemaker Orthopedic surg hzc Orthopedic surg details Habits/Dependencies Drinks alcoholic beverages Uses tobacco products currently Pregnancy / LMP Pregnant Last menstrual period Oxygen Delivery Oxygen delivery Oxygen delivery talc Frank R. Howard Memorial Hospital One Madrone Street Willits, CA 95490 Patient does not have pacemaker Other orthopedic Ganglionic Cyst removal No. No No -3/a/10 Room air 0 N Pt Name: K.LEN, KRISSA LEE MRN: 090034 Acct: 25473398 Aee: -21 years Admit Date: 03/18/2010 Discharge Datev:03/..18/2010. Discharge Time: 17:46:00 PDT Pt Name: KI:E1N; KRISSA LEE Paae 1 of 4 'Chart Request 1&18796168 e n.a r. B I 0.: .2 :g h. 0 s t i c Accession Number Exam Date/Time Procedure Ordering Physician XR-10-0120906 "03/.18/2010;15 A6:52 PDT Wfist'Lt Comp Miii 3: Vw LONGCHAMP, MD, CARLA P Reason for exam Pain Report Procedure Date: .03/18/2010 15:46 Ordering Doctor: CARLA LONGCHAMP, MD 272 Accession.;: XR100120906 Exam Type: Wrist Lt Comp Min 3 Vw HISTORY: Pain. FNDI~i tGS: No fracture; dislocation,- or.othei.bone.or joint abnormality is seen about the left-wrist. MIPRESSION: Negative left wrist. cc CARLA LONGCHAMP, MD *[272], [ATD] NLMD *[997], [RE] *[VRMG] D GB,03/18/2010 17:02:07, Site Voice Job, 4816367, EOC Voice Job 4816367 T kko/5473117,03/18/201017:37:07, Text Job 4136605 Date Last Modified: 03/18/2010 17:37:07 By: kko #S#RMH# D#03/18/2010#W#RR#T#RA.D REPORTWrist Lt Comp Min 3 Vw#P#KLEIN, KRISSA L#1M#900344N# # # Dictated and Signed by GARY B.ALLARD, MD *[104] 03/19/2010 08:12:00PT Final Dictated by: BALLARD, MD, GARY L Electronically Signed By: BALLARD, MD, GARY L on 03/19/2010 08:12 sXdventlst Health Frank R..Howard Memorial Hospital .0neMadrone Street Willits, CA 95490 Pt Name: KLEIN, KRISSA LEE MR-N: 090034 Acct: 25473398 Age: 21 years Admit Date: 03/18/2010 Discharge-Date:-03/18'/2-010 Dis( 3e Time: 17:46:00 PDT Pt. Name: KLEIN,KRISSAL£E Page 2 of 4 finer 90ff C. ...:.®..ep. .art e~:t 11epa ts: Result Type: Emergency Department Report Result Status: Auth (Verified) Event Date: 03/18/2010 18:30:00 PDT Reviewed By: Performed By: LONGMAIMP, MD, CARLA. P Signed By: LONGCN-k,9P, MD, CARLA P Transcribed Date/Time: 03/19/2010 03:39:00 PST Signed Date/Time: '03/19/2010 09:41:01 PDT . ED Report PHYSICIAN: CARLA LONGCHAMP. MD ADMISSION DATE: 03/1812010 CHIEF COMPLAINT: Left wrist pain. HISTORY OF PRESENT ILLNESS: This is a 21-year-old white female who was in her bedroom when suddenly a door swung open. A police officer entered, grabbed her left wrist, and threw her to the ground in an apparent mistaken address situation. She had immediate pain in her left wrist and is coming in to have this evaluated. PAST MEDICAL-SURGICAL HISTORY: She has a history of a ganglion cyst removal x2 in the left wrist several years ago. She was told she may have had a small fracture in her wrist which caused the ganglion cyst to form. Other than this, she has not really had much of a problem with pain or. stiffness. in this wrist. MEDICATIONS: None. ALLERGIES: None. SOCIAL, HISTORY: She is a.biology student at a local college and lives with-her mother. REVIEW OF SYSTEMS: Per history of present illness. PHYSICAL EXAMINATION: GENERAL: This is an alert, somewhat anxious, stressed, tearful patient. VITAL SIGNS: Blood pressure 149/94, 02 saturation 98%, temperature 98.1. CHEST: Clear. HEART: Regular'rate and rhythm. EXTREMITIES: Examination of her wrist reveals a well-healed surgical scar over the dorsum of the wrist. There is tenderness in this same area and slightly decreased range of motion about the wrist bones. Her hand flexion and extension are normal. She has slightly decreased sensation to light touch in all of the fingers in her left hand. IMAGING STUDIES: X-rav reveals no fracture noted. ASSESSMENT: Contusion to left hand. PLANT ; Immobilizer is placed and she is placed in a splint and a sling. She is instructed to elevate, apply ice, take ibuprofen, avoid use. She will come back if there are any further issues. CARLA LONTGCHAMP, MD *[272] *[ELAN] cc Frank R. Howard Memorial Hospital One Madrone Street Willits, CA 95490 l )P. Pt Name: KLEIN, KRISSA LEE MRN:090034 Acct: 25473398 Age: 2.1 years Admit Date: 03/18/2010 Discharge Date: 03/18/2010 Discharge Time: 17:46:00 PDT Pt. Name: KLEIN, KRIS-SA- LEE Page 3 of 4 CARLA LONGCH.AMP, MD *[272], [ADM] NLMD *19971, [RE] D CL, 03/18/2010 18:30:49, Site Voice Job, 38309, EOC Voice Job 4816674 T Aubri/5470042, 03/19/2010 03:39:08 Text Job 4137062 Date Last Modified: 03/19/2010 03:39:08 By: Aubri 4S4HMH#D#03/18/2010 tiV#ER#T#ED REPORT#P#K. LEIN, KRISSA L#M#90034EN# T # Electronically signed by: LONGCHAMP, MD, CARLA P, 75 MD ER 19-Mar-2010 09:41 PDT Frank R. Howard Memorial Hospital One Madrone Street Willits, CA 95490 D. Pt Name: KLEN, KRISSA LEE. MRN:090034 Acct: 25473398 Age: 21 years Admit Date: 03/18/2010 "Discharge Date'03%I'8/201`0 Di,~_ :ge Time: 17:46:00 PDT Pt. Name: KLEN, K_RISSA,L:EE Page 4 of 4 Result Type: Event Date: Performed Bye Transcribed Date/Time: Depart Summary Depart Summary 03/18/2010 17!47:27 PDT Sims, RN, Lydia Result Status: Reviewed By: Signed By: Signed Date/Time: Auth (Verified) Howard' Memorial Hospital Emergency Department Depart Summary PERSON INFORMATION Name KLEIN, KRISSA LEE Age 21 Years Sex Female Language English Marital Status Single Phone 7074591627 MRN 090034 Visit Id Visit Reason Wrist injury; Wrist injury; LT Specialty NA WRIST INJURY Enc Type Emergency Med Service Emergency Services Track Group HMH Tracking Group Discharge 3/1812010 5:46 PM Tracking Id 55785674 Checkout 3/18/2010 5:47 PM Checkin 3/1812010 3:26 PM Acuity 4-Less Urgent Arrival 3118/2010 3:26 PM Reg Status Complete Address: 201 HOLLY ST APT 8 WILLITS CA 95490 PROVIDER INFORMATION VITALS INFORMATION DOB 5/31/198812:00 AM PCP Acct# 25473398 Referred by Dispo Type Discharged Patient To Home LOS 000 02:21 Vital Sin Triage Latest Temperature 8.1* De F Not Valued Temp Site Oral Not Valued Pulse Rate 119 b pm Not Valued Respiratory Rate 16 br/min of Valued Blood Pressure 149 mmHg/ 9.4. mmHg... Not.ualuedl. Not..V.alued. MEDICAL INFORMATION Allergy Info: NKA DISCHARGE INFORMATION Discharge Disposition: Discharged Patient To Home Discharge Location: PATIENT EDUCATION INFORMATION Instructions: CONTUSION, Upper Extremity Follow up: Frank R. Howard Memorial Hospital One Madrone StreetX ~c lt~ 1 Willits, CA 95490 Pt Name: KLEIN, KRISSA LEE MRN: 090034 Acct: 25473398 Age: 21 years Admit Date: 03/13/2010 Discharge Date: 03118/2010 Discharge Time: 17:4.6:00 PDT YOUR :STAT.E,MENT _03I28/1.fl y. veS FRANK R. HOWARD MEMORIAL HOSP, 1 MADRONE ST ►1MPORTANT MESSAGE ~3~ WILLITS, CA 95490-4225 ® SUMMARY OF EMERGENCY SERVICES Description Amount Emergency Room Professional or Physician Fee Radiology Total Patient Services UNINSURED DISCOUNT 03/24/10 Total Payments & Adjustments Currant Account Balance ► QUESTIONS? (707) 456-3008 For questions about your account, call Customer Service at (707) 456-3008. THESE CHARGES ARE YOUR. RESPONSIBILITY. PLEASE MAKE YOUR PAYMENT TODAY, OR CONTACT US TO DISCUSS FINANCIAL ARRANGEMENTS OR TO PROVIDE INSURANCE INFORMATION. 100- ACCOUNT. SUMMARY Patient KRISSA KLEIN Date(s) of Service 03/18/10 Account Number 25473398 Physician CARLA LONGCHA14P ent. SEPARATE PHYSICIAN SELLING You may receive separate bills from physicians who provided care or who consulted on your case. dvenfist Health FRANK R. HOWARD MEMORIAL HOSP. 1 MADRONE ST WILLITS, CA 95490-4225 THANK YOU FOR ALLOWING FRANK R HOWARD 41EMOFUAL HOSP TO PROVIDE FOR YOUR RECENT HEALTHCARE NEEDS l PLEASE DISREGARD THIS STATEMENT IF YOU HAVE ALREADY MADE YOUR PAVMENI 1-1 Please check box if address is =Orreci or sm rance LJ information has changed and nfi ate change(s) On reverse side 0207 .1111111111111111111,1y11111l11t1111111111t11111,1111111111111111 KRISSA L KLEIN 201 HOLLY ST APT 8 WILLITS. CA 95490-4221 immaam!M.m tmmnnemn~~n:mmm~mn me mnnm num ,$.194.00 507.00 402.00 $1,103.00 149.00- S149.00- Primary Subscriber ID Number $954.00 ;INSURANCE INFORMATION 9314731C4B;B1 CHECK CARD USING FOR PAYMENT MARQUE LATARJETA DUE USARA PARA PAGAR ❑ ❑ ri .0 ❑ MASTERCARD DISCOVER'" VISA a AMERICAN EXPRESS CARD NUNIBER/.NUNIERO.0ETARJETA SIGNATURE CODE/CCOIGO DE LA FIRM SIC-NAT URE I FIRMA EXP. DATE I FECHA DE VENCIMIENT0 PATIENT NAME I NOMBRE DEL PACIENTE DATE DUE/ FECHA DE PAGO KRISSA KLEIN 04/18/2010 ACCOUNT NUMBER AMOUNT DUE! AMOUNT PAYING NUMERO DE CUENTA SALDO A PAGAR CANTIDAD REMITIDA 254-1 .$954.00 $ MAKE CHECKS PAYABLE TO 11111111i1i111111111111111111111111111111111111111111111111111u1 FRANK R. HOWARD MEMORIAL HOSP. 1 MADRONE ST. WILLITS, CA 95490-4225 Frank R. Howard Memorial Hospital 1 Madrone St. Willits, CA 95490 . (707) 459-6801 Emergency Department Discharge Instructions Name: KRISSA KLEIN Important: We examined and treated you today on an emergency basis only. This was not a substitute for, or an effort to provide, complete medical care.. If your condition worsens or does not improve, call your doctor. If you cannot reach your doctor; and.feel.that .you.need .to b:e,seen nght.away- .-return to-the Emergency Department. If X-RAYs or EKGs were taken, you may have been treated on the basis of the Emergency Physician's initial interpretation only. These tests will be reviewed by a specialist for a final interpretation. You will be advised of any changes that require further treatment. If you have been referred to an Orthopedist, please pick up your x-rays from the Radiology Department and take them with you to your appointment. Tell your doctor's office.if you had blood tests, and/or x-rays. •so ahat.they.can,get the results.before-your appointment. Drug Allergy: `Medications can cause allergic reactions. Severe reactions or LIFE THREATENING. Immediately go to the nearest Emergency Roomdf you experience mouth, swelling, difficulty breathing, hives, itching. all over and/or chest tightness, or call 911. Most illness and many medications can affect alertness, so avoid potentially dangerous activities. such as driving or operating machinery,:-until you know how you are affected. Patient Education Materials. . KRISSA KLEIN has been given the following patient education materials: Trauma CONTUSION: UPPER EXTREMITY You have a contusion of your upper extremity (arm, wrist, hand or fingers). This causes local pain, swelling and sometimes bruising. There are no broken bones. This injury takes a few days to a few weeks to heal. HOME CARE: 1) Keep your arm elevated to reduce pain and swelling. This is very important during the first 48 hours. 2) Make an ice pack (ice cubes in a plastic bag, wrapped in a towel) and apply for 20 minutes every 1-2 hours the first day. Continue this 3-4 times a day until the swelling goes down. 3) You. may use acetaminophen(Tyienoi)-or, lbuprofert (Mot6hAdvil) to control pain, unless another pain medicine was prescribed. f NOTE: If you have chronic liver or kidney disease or ever had a stomach ulcer or GI bleeding, talk with your doctor before using these medicines.] . FOLLOW UP with your doctor or this facility if you are not starting to improve within the next THREE days. Name. KRISSA KLEIN ID 0.3/1.8/20:10.17:24:37 MRN: 090034 Copyright ©1990-2007 Parker Hill A55u,....-_, Inc. HOSPITAL EIM ER EN'Y i,sE " k1EDICALRELIirD NJ. F'-8RAL?.^. NO. Rea.Ithl TRAJ'ait R. HDI~iARD 1'✓lcAllOrr.:^L HOSPI ATE: + PROVIDE..RI.D. X10. '-Lei-3~r i o3 L7DS31° 1 tVad one Street, 'Willits, CA 95490 (707) 459-6801 3118/201 0 ` 1 AV- AGORESS PHONE NUMBER Ks tls . }iR95SA LEE 1201 H/OLL`f ST APT o NIL L1T8 CA 95490 707 459-1627 C. SE: P.AC= 1 AC---a SIRTLIDA: c. II sqAH; A . SPOUSE fI R UGiON SOCIAL SECURITY NO. PA i ENT CONTROL NC 10i u 4b'!-;ITE MY 5/3111988 f' S - f NNN 605-42-4057 25473398 C:91V=_ 'S LICSNC= RIO. OC:CLMATION - PNG DAi c 1N TIMAE STUDENT 997 NLMD, NONE f 3118/2010 15:26 A; .Q J:d . I I ED COURSE: r n C f CBC or H/H TIME f INIT. Basic . Amylase Lloase COMP. METABOLIC t 1 Cardiac paneh CPK CPKMB MAG Trooonin Myoglooin Choles PT / PIT I INA C/S EKG X-RAY , . - - CT / U/S DISPOSITION: ADMIT/ RM0 CONDITION: ❑ SATISFACTORY I HER ❑ TRANSFER ❑ TRANSFER DOCUMENTS DONE ❑ DISCHARGE PLAN: &C DA': TENTS SIGNA T UR:: REFERRAL TO: . EMERGENCY CERTIFICATION N:;Ek sox is CH-cx-=. sICNA:URE CERTIFIES Trr.AT mmesa sERw WERE RECUIR.M FOR ALE EV TICN OF ScVERE PAIN OR Ifal-E-E DIAGNOSIS AND TREATMI.EN OF UNFORESEEN MEDICAL CONOmC WHICH IF NOT DAIEDIATa.Y DIAGNOSED AND TREATED, WOULD L FA, DISABILITY OR DEATH. ' PHYSICIAN'S SIGI iATURE CAT_ £ Name: KRISSA KLEIN MRN:..~~034 I, KRIS SA KLEIN, have received this information and my questions have been answered. Patient Education Materials; Trauma CONTUSION,-Upper-Extremity, Follow-Up Care Information No follow up information was provided. p Patient Signature Date Respo-blePerso for Patient Date fFs6ature Date Name: KRISSA KLEIN 3 of 3 03/18/201017:24:37 MRN: 090034 Cbpyright©• 1990=2047 Parker H!lt Asso6ates: I- P A T I E N T A C C O U N T N 0 T E S PHDU615C N 0 T E S E N T R Y/ I N Q.U I R Y. 5/25/10 13:37.39 Patient Account Number..... 25473398 KLEIN, KRISSA L Entry Date 3/24/10 PPhone.................. 707 459-1627 Guar Soc Sec Number 605-42-4057 Admit Date..... 3/18/2010 User Id.. Discharge Date.......... 3/18/2010 Record Status (A,I,. or D).. A Balance 320.25 User Id Notes Page 1 Rev Dat WISSLECL LATE NOTE-OFFICER PETER HOYLE CAME IN ON 3/19/2010 AND STATE 3/24/10 D THAT THE UKIAH POLICE DEPT WANTED TO PAY FOR THIS PT'S BIL 3/24/10 L. THE OFFICER SAID HE'WAS JUST THE GO-BETWEEN NOT THE OFFIC 3/24/10 ER INVOLVED. I EXPLAINED THAT THE BILL TAKES 5 TO 10 DAYS TO 3/24/10 DROP, THAT THIS PT WAS JUST SEEN LAST NIGHT. THE OFFICER WAS 3/24/10 VERY- ADAMANT ABOUT ..G,ET.T.IN.G...THIS PAID NOW, SAID HIS SUPERVISO 3/24/10 'R "WANTED THIS TAKEN, CARE OF TODAY. I CALLED CHRISTIE AND SHE 3/24/10 SAID THAT IT WASN'T POSSIBLE TO GET TIDE CHARGES ALL ON TODAY 3/24/10 I TOLD HIM THAT PER CHRISTIE HE COULD CHECK BACK ON MONDAY 0 3/24/10 R TUESDAY TO SEE-IF THE. CHARGES HAD ALL DROPPED. 3/24/10 .Additional Notes For This Date:..... N Additional Notes For This Acct.... Y Add Notes.For This Date N Copy in Abbreviated Note..... CMD 9'= COPY NOTES CMD 10 = CLEAN END OF LINE: ADD REMOVE C_ ; ~Xhlb)~'~` ~,i3 P A T -AE N T A C C O U N T N )T E S PHDU615C N' T 'E S E' N T"R' Y /'I N Q U I 'R Y 5/25/10 13:37:35 Patient Account Number..... 25473398 KLEIN, KRISSA L Entry Date 3/18/10 PPhone................... 707 459-1627 Guar Soc Sec Number........ 605-42-4057 Admit Date... 3/18/2010. User Id........ Discharge Date....... 3/18/2010 Record Status (A,I, or,D).. A Balance............ 320.25 User Id Notes -Page IRev Dat AUSTINEM RIDVER PT was assulted by Ukiah Police Dept. The Officer .3/18/10 responsible would like to take care of the ER bill or his 3/18/10 department will take care of it. PT will. be applying for 3/18/10 CMSP, however. Explained that we should leave as self pay, 3/18/10 then when PT receives bill, she can disperse to whom ever 3/18/10 or she can call billing office next week to get advice. 3/18/10 PT'completed CMSP packet,,gave instructions on completion 3/18/10 and told PT to also mail in copy of ID, did not get a copy. 3/18/10 *BLANK *BLANK Additional Notes For This Date...... N Additional Notes For This Acct.... Y Add Notes For This Date.. N Copy in Abbreviated Note.... . . END OF LINE: ADD CMD 9 = COPY NOTES ' CMD 10 = CLEAN REMOVE PROGRESS NOTES Form tt 40036 <ti" t. y7Fr=tmt tvn Cnn.tt:.rrv HE.A)s" f t wi, . I.-r. C ~,s.L o f 1 T. _ ri c y Pais, scorn: r LAW: 6 ' G 9~~ A 1D 1-~TN_~w /4 • 1S J Trr 1 d 'd e c~ . i`R7usiDR'HEALTB CENTER. 333 Laws Ave., Ukiah, CA 95492 , (707).468-1010 Patient Names LrtT'EdS LAxE HEALTB CENTER. 45 Hazel SL,Ilits, CA 95490. (707) 456.9600 •I;AICESIDE HEALTH CENTER ;5335 Lakeshore Blvd, Lakeport; CA 95453 .(707) 263-7725 1)Q$• PROGRESS NOTES Medical Record Fy& b T. k6 . N O O Y Patient MRN:302720 .Date: 04/16/2010 Description: Clinic Visit Note Provider"ID:e9159950-6475-4073-9fe2-5631586f2a70 Enterprise ID: 1 Practice ID: 1 KLEIN, KRISSA DOB: 05/31/1988 Mendocino Community Health Clinic, Inc. 333 Laws Avenue, Ukiah CA 95482 PHONE 707.468.1010 SUBJECTIVE: The patient is a 21-year-old female with chief complaint of left wrist pain. She has had chronic history of lef t.wrist pain, some ganglion cysts which were removed operatively during -here childhon-d. Since then a recent exacerbation of her pain when her house was inadvertently entered during a drug raid and she was thrown to the floor. Since that time, she.says..she .has .had increasing left-wrist . pain, not made better with any antimedications. or activity change. OBJECTIVE: On examination today, she has an obvious scar from previous skin incision, a small defect in the extensor retinaculum. otherwise,-full range of motion, slightly decreased strength compared to the opposite side thus affecting capillary refill. No evidence of palpable crepitus. in the joint. X-rays studies demonstrate no evidence of fracture/dislocation or any other radiographic abnormality. IMPRESSION: 1.Lef t wrist pain. PLAN: 1.MRI of the left wrist to attempt to ascertain the cause of her symptoms. Jonathan Linthicueri, MD TAKE CHECKS PAYABLE TO: Mendocino Community Health Clinic, Inc. 333 Laws Ave. Ukiah, CA 95482 WDRESSEE: I,It„Itlttl,tlLl,tiLt, Klein, Krissa 201 Holly Street Apt 8 Willits, CA 95490 USA ! i Please check box if above address is incorrect or Insurance information has changed, and indicate change(s) on reverse side. FSTATEMENT DATE PAY THIS AMOUNT ACCOUNT NBR 03/2110 I $0.00 22511 i TAX Io NUMBER SHOW AMOUNT I 680259045 PAID HERE $ REMIT TO: It11I1111„lillll1111t1,1 Mendocino Community Health Clinic, Inc. 333 Laws Ave. Ukiah, CA 95482 PLEASE DETACH AND RETURN TOP PORTION WITH YOUR PAYMENT I I DATE PAT.IENTNAME ,PROVIDER I '-CPT4 I "•DIAG DESCRIPTION'OF-SERVICE AMOUNT Transfer Credit To Account (QTY _1) $66.00 77 03/23/10 _ . -.,.n•: . _ - L ,,P~tier`tfil'-a~ Cas7~~Q'~'Y'f~ ; $66 00 03/23/10 . ^ , _ , . ' - - - -•;~'4 _.:>,o=- - - fir _ - - - - a f•? z-.~ - f~f.~ - ;;'^i tic-~~. c roast' - =of-,r._ ..:4-~, ACCOUNT NBR CHARGES PAYMENTS _ t 22511 $0.00 $0.00 ESTIMATED BALANCE DUE I BALANCE DUE FROM PATIENT FROM INSURANCE $0.00 $0.00 f $0.00 MESSAGE: YOU MAY HAVE ADDITIONAL CHARGES DEPENDING ON THE SERVICES PROVIDED TODAY. * PAYMEI PLEASE PAY THIS AMOUNT $0.00 U PAGE:1 NCIAMG,INC. DBA WINE, CC--)ITRY IMAGING MG PO BOX 3222 NAPA CA 94558 ADDRESS SERVICE REQUESTED #BWNJQBY #0220490034000007# KRISSA KLEIN 201 HOLLY ST APT 8 WILLITS CA 95490 PLACE OF SERVICE: FRANK HOWARD MEMORIAL HO REFERRING PHYSICIAN: LONGCHAMP,C FOR INQUIRIES CALL: 707/261-7822 9:00am - 12:00pm 1:00pm - 4:00pm FAX: 707/256-3508 I TAX ID: 51-0476249 LHabla usted Espanol? € Favor de Ilamar Martes a Jueves DATE DESCRIPTION 03/18/10 X-RAY FRAM OF WR CHARGES PA $39.00 $39.00 TOTALS: $39.00 $.00 $.00 $39.00 DUE: I pr 14, ZU1U y. Nile 3 $39.00 - - - Piease return bottom portion with your payment (Allow 7-10 days for postal delivery) _ RAoLc :^.hcrir .,~.iahla tn• -STATEMENT ACCOUNT NUMBER STATEMENT DATE 02204-90034 Mar 24, 2010 PATIENT NAME ACCOUNT BALANCE KRISSA KLEIN $39.00 PENDING INSURANCE $.00 •:...,MENDOCtP11D~fJMD/!UNlTY HEALTH CLINIC, INC.. 333 LAWS AVE. UKIAH, CA 95482 QU@St1011S: (707) 468-1010 LAST THREEDIGITS ONBACK OF CREDIT CARD SHOW AMOUNT PAGE 1 / 1 PAID HERE ~ =aa• s EIMER= OSS043OF AUTO 3-DIGIT 954 7000001855-01.0007.0192 1855/1 111111111111111 111 KRISSA KLEIN MENDOCINO COMMUNITY HEALTH CLINIC, INC. 20,1` MOLLY STREET APT 8 333 LAWS AVE. WILL ITS CA 95490-4221 UKIAH CA 95482-6540 E Please check box if address is Incortect or insurance information has changed, and indicate change(s) on reverse side. PLEASE DETACH AND RETURN TOP PORTION WITH YOUR PAYMENT STATEMENT • IDENTIFICATION CODE: LAST THREE DIGITS ON BACK OF MC, AND VISA DATE DESCRIPTION OF SERVICE AMOUNT 03/23/10 ENCOUNTER 540725 FOR KRISSA WITH ROGERS MD, GLENN 03/23/10 99212 - Office/outpatient visit, est, prob foc $66.00 03/25/10 ZZApplied Acct Credit/Patient Payment -$66.00 03/23/10 L3908 - WRIST COCK-UP NON-MOLDED $30.56 ENCOUNTER TOTAL czn ~a Your'Prompt Payment Would Be Greatly Appreciated CURRENT 30-60 DAYS $0.00 $30.56 If Nf- o.. _a~.. 60-90 DAYS 90-120 DAYS $0.00 $0.00 INS. BAL R 120 DAYS TOTAL ACCOUNT BALANCE $0.00 $30.56 PAT. BAL . I LINE ITEM BAL • •-~~~••••1 ---1% . VY. VOY111WIlL, Tease ulsregara.l_nls Statomen#.... For Billing Questions, Please Call (707) 468-1010xM~bi t MENDOCINO COMMUNITY HEALTH CLINIC, INC. 333 LAWS AVE. 1TKTAU_ rA gsaA7. IF PAYING BY MASTERCARD OR VISA, FILL OUT BELOW. CHECK CARD USING FOR PAYMENT ' Ertl ❑ XJ' M \ S ' . A TERCARD VISA CARD NUMBER EXP. DATE • ID CODE NAME ON CARD SIGNATURE STATEMENT DATE PAY THIS AMOUNT ACCOUNT NUMBER .04129110 $30.56 22511 Date- Received 'From AcUrass .27 Dollars or. kris HOW ?AILS i. N 9 I CASH CHECK nACJECJNC/ 0 a p ~I 2-0 Anthem. ' Btu, DT =WT., rxuunw KRISSA L KLEIN Ozz MEMBER ID XDI99533639C Group No. 1619000001 Member Effective Date 03/01110 Coverage Code '-By52B Plan Code 040 PCP Effective Date 03/0112010 PCN 50145 3 L O A f1 M,, ..il in f ' .-:IS.. j-y}~7 "-f.<, 7l ,,ar „ < t: ' . t axftntur' r.Tzrafs Gtr . ~ij M - j ICING MWOR cnmgS TASK F R J- BOX .$79, ,Ukiah; CA 9548; (707) 463-4500 INVESTIGATION REPORT IUvestigation Title: --fie-port Type: Investigation No.. :.Garcia, Tessa men%C].o.se/Arrest MC:.0-0105 Beck, Bradlee Case Agent: Reporting'Agent Date: Hendry. Hendry 3/18/Z010 CODE SECTION 113.51 HS:' Possession or purchase f controlled subsEances. 113641 HS; Possession of pa.raPhernai lia. x203 . 2 PC: violation • of probation. . SUMMARY: Ou .03/18/2010 at approximately 1430 hours, I received information on a female named Tessa, Garcia who-was to receive a large amount of Oxycontin. pills. which. would later- -be • sold in the Willits area,' A•search warrant was authored to include the person of'Tessa. Garcia and..a 1998 Toyota pick-up registered to Garcia. ' Agent Moyle and I responded to. the area of Holly. st z ~ eet. and k~o~aular street i)2 TI:Its and saw the vehicle leaving the Holly Heights two Apartment complex. The Vehicle was stopped' and searched per'the warrant and the driver identified as Bradlee Beck advised Agent Hoyle he,was can county probation with a search clause. '.The search 'of the vehicle rave aled what I believed was the outer shell of an oxycontin pill. Beck was detained and transported back to his residence at Holly Heights Apartments. While ' at this location `•I located Tessa 04tcia inside the residence. Garcia .was in. possession' of 15 oxycontin So milligram pills and we also located several used pieces of tin foil which is used when smoking oxyycontin, We located several. "tooters" inside the room claimed by Beck and Garcia. • Both subjects were transported to county jail. The Oxygotti,n was later 'counted with a count of 15 small, round palls . :ME4 1.:'.32%T0....Md3J0R• CRIBS 'TASK -pd.' Investigation xepoxt (continued) Investigation Title: Garcia, Tessa.-Investigation # MC10-0106 I contacted the poison control center.and identified the as Oxycontin 80 milligram. pills All evidence is held under -Mendocino Major. Crimes Task Force (MMCTF) evidence. #16-0T16,:Lo. DETAILS Of' INVESTIGATION: On 03/18.20x0 I rec Ived information that Tessa, Garcia' was to re-ceive a large'amount of Oxycontin 80 milligram pills which she was.plann ng on sell, g in the Willits area. I authored a search warrant to include the person of Garcia and a 1998 Toyota Pick-up with California license #7G41113 which, is registered to Tessa Garcia. .Agent HoXle and :E responded to. the area of,. "Hod Heia s Tr.Jp~r ' rte... ~.apartments' where, I 'kzxew for Garcia to be currently residing. While. in- the..-.area. we saw FE-Rd 'Toyota .leaving `the apartmeint complex. Agent Hoyle conducted a traffic stop on this vehicle at the,. intersecti6n'-of East Hill Road -and Center valley Road in Willits. We contacted the driver who -identified himself as Bradlee Beck. I -know for -Beck to be' Tessa Garcia's current boyfriend. Beck told Agent Hoyle he was on county .probation with a search clause. ,A search of the vehicle was conducted, per the search warrant and I located what 1-believed was the outer shell of an Oxycontin 80 milligram.pill on the front passenger seat.' I also located an empty pill.bottle prescribed to Kristopher Boyce. The bottle was empty and the medication. prescribed was Suboxin s milligram. I know for•Suboxin to be a treatment medication for opiate addiction. .1 asked Beck if he smokes' Oxycon.tin and he said yes. I located no other contraband in this vehicle. Beck was detained at this time and transported by Willits Police Officer Andrade back to Beck's residence at Holly Heights two apartments. Z asked Beck .which apartment he was living in and he told me apartment number 12 upstairs. . Beck told me that •hi.s -sister also resides at this location. ''Agent Hoyle and. I went to this apartment arid-knocked on-the door. The' door was answered by the sister later identified as Heather Beck with a DnR -f /30/982. As we entered the residence I on the couch in. the living room area. I ~k~llt~pC~ g Q' saw a female seated identified this female C_ JC11g0` MAJOR CRIMES TASK Fd- Investigatiot Report (amatinued) Investigation Title: Garcia', Tessa investigation.# 14CIO-0106 from prior contacts as-Tessa Garcia. The residence was cleared with no.6ther subjects located. Agent Hoyle told Garcia the reason for our presence and then asked Garcia if she had anything illegal on her person. Garcia then removed awhite baggie containing small green pills from her bra. Agent Hoyle reopgnized.these pills to be Oxycontin 80 milligram.' A count of the pills revealed a total, of 15 pills. 8eck-was•brought, into the residence and seated iii the kitchen area I asked Beck which room he was currently staying-in and he told me the very back room. 1 located thin roam- and a'.search was conducted.' I located several pieces of used tin foil on the bed area-which contained a black burnt..streak on the foil. I know based oxi my.training. and experience this-foil is used to smoke Oxycontin pills. I also located three "hooters' which based.. on.,my -,training: a?ad. experience I know to be, used for smoking ,devices. -These devises are similar to other smoking. devises when smoking Oxycontin.' I located Garcia's cell phone on the living-room floor.- * 1 went :._to. her-text receiving and . sending portion.of the phone and I saw the following text messages received'. Received 3/18/2010. I got 1 guy that has 6'a0- dull axs.,; 4-15. thlo ii5 bastian mfr' phone gat. shut off. Received. 3/16/2010. Do t2 have 1 Received 3/15/2010. Taw .1211:1 you,., can:,, do them,, far cheaper .I want, .4, if, not= 'then know. Peceived 3%15/2010. Maybe if they were. Cheaper than 60. Received 3/14/201o. Our phone is almost dead we don't have a charger but were getting-our money together now. I contacted Tessa anal read- her Miranda rights which she said she understood: z asked Tessa if - she was selling Oxycontin and. ~:zx+TO MAJOR,:,CR.IMES ..TASK Fak s Investigation Report (continued) Investigation Title: Cardia, Tessa Inveotigation # MCIO-0106 she said- shewas,'nfxonted" the 15 pills she was in possession of and had to sell 'some to pay fox them.. She said she has sold Oxyeon,tin in:-the recent, past. 41- a.skea ,Tessa if there would be' any text messages related to sales of Oxycontin on her phone and she said yes. I.contacted Beck and read him his Miranda. rights which he said he understood. Beck told me that Tessa was buying the axycontin pills fox'$40.00 and selling them for $60.00 making a $20.00 profit per pill. Beck told me that a male named Kri,stopher frost the Bay Area had brought a large amount of Oxycontin for Tessa to sell. Tessa was An the process of getting people together to purchase the Oxycontin she was going . to receive that' day (03/18/2010). I went to'the text messaging area of Beck's phone and saw the following messages. Sent 3/18/2010, No. we got a lot not gonna drive for. one* u know? Sent 3/18/2010 at' 1.241 hours. Bey 1 got em if u guys need em right now.fifty. Sent-3/18/2010 at 1217 hours. Hey were almost back tell people if they want em there almost here.' A search warrant will be later aii.thored for the information,on both cell phones. This information will..be placed into evidence. aaxcia and Beck were •transpoxted and booked into Count3i L7ail. • EyZOENCE: The following items were seized on 03/1.$/10, and traneported and booked into the MMCTF evidence -by -•S/A Hendry. under evidence #16-0106-10 I. 15 Oxycontin palls 2. Orange pill bottle with brown napkin eontainizg 'outer oxycontin shell.. a.~i~i .,.:,wNO•• rsA~TO...~;Rs TASK Investigation Report (continued) Investigation Title; Garcia, Tessa Investigation. # MC1.0-o106 3 . LArga amount 'of used tin foil 4. Two cell phone one being damaged 5. -Roll of .fail • 6. Three tooters 7. Pill grinder/cutter 8. Journal belonging to tessa 9.• CD with pictures 10. CD.with interviews PHOTOGRAPHIC EVIDENCE: 10. CD with pictures ASSET FORFEITURE SECTION: #1- Currency, xe'ized: N/A. #3- Nexus for seizure: N/A #4- Who found: N/A 'Counted: N/A Witne*osed: N/A Photographed:- N/A #5 Chain of custody: N/A PH'Y'SICAL DESCRIPTION: Garcia, Tessa, MFA, °-DOB 01/25/1991, 5' 08" , 120, -red, brn. Address: 201 Holler Str66tol1 , Willits M## 095086643 Beck, Bradlee, MA, DOE: 1011911989, 5107", 155, Bro.,Bro Address: 2.01 Holly Street #12, Willits' SID# A30353675 Z'e 0 . Der Hendry, Special'Agent Date - APPROVED : Robert Nis $H, Special Agent Supervisor Bureau of Narcotic Enforcement Date V } V•1 V'1'J.4.4 JtJr11*,0,,A1'1y 1 ,..;.,J On. 1 IN IN - ivraslA LJt;LaAA ACWTU rage 1 OT 1 Search Investigations.; System Log Out Generate Printout (i Return to List View (M Build Lineup ❑at8 Arrest Info; Mrs' ' . Involve.. Interest GARCIA, TESSA LYNN - Atlases: 0 SMTIS: 0 Charges; 0 Involvet Name Data Last: GARCIA I=lrst: TESSA Middle: Denlographla Data- Gender: F Race: W Height: 50F r=ya Color. BRb Hair Color: RED Wears Glasses: Dont-o112511991 Current'A. Ve-19.Y ars DL: D9508M Identifier Data ? Master' 5480 9SN: 804524534 SID; IQ: . Book ID: 0180451 PCN: 070104323$ Address Data ' 207 HOLLY ST #12 ` 'City: WILars State: CA ZipCo AAQ hct ://X 92, X 8.10 ] .14/plr~ ,1 f,-tailText. (P ~ Aumber=001 &startr... 3/20/2010 Click to Zoom ImagePhoto vi V J. V,IJ6J'tl?l;t.N DiillULl;z,)t. / i i - main veiatt xewra ~ page 1 of 1 Search I v ti S ste ti L O t n y m es ga on u og Oenerate Printout chi Return to List View 0a Build Lineup Data I Arrest Info. SMT's Involve interest BECK, BR.ADLEE SCOTT Aliases: 0 SMT'S: 2 Charges: 0 invo• Name Data Last: BECK First: BRADLEE Middle: S Demographic D$ta Gender, M face: w Height: 507 Eye Color: INV Hair Color. BRO Wears Glasses; Dos: 10119/1989 Current Age: 20 Years DU E1699617 Identifier Data Master 94199 SSN: SG4329696 SID: A30353675 Book ID: 0160449 PCN:01 0 1 04323d Address Data 201 HOLLEYST#12 City: WILLITS State; CA ZIpC[ Click to Zoom ImagePhoto http://192.168.101.14/plnet/betailTex ,~hC ' wNinnberT001&startr.:. 3/20/2010 03/22/7,0 13:14;30 -CLETSLINE DA•UKO8024P CLETS RE'T'URN PRINTOUT CTkiah DA RECEIVED: 03/22/2010 7,3:74.:.00 4ARKKOOO000.ID DATE:03-22-10*TIME:13:15* DMV RECORD FOR LAW ENFORCEMENT USE ONLY DL/NO:D9508643*B/D:0.1-25-199'1*XAME:GARCIA TESSA LYNN* MAIL ADDR AS OF 10-16-08:20721 LOCCJST ST WILLITS 95490* IDEN'T'IFYING INFORMATION:. SEX:FEMALE*HAIR:AUBRN*EYES:HZL*HT:5-07*WT:134*' LIC/ISS:08-27•-07*EXPIIZES:01-25-12*CLASS:C NON-COMMERCIAL* ENDORSEMENTS:NONE* ORIGINAL DL ISSUE DATE:08-27-07* LATEST APP: PAGE 1 DL TYPE:DL MAU STRIPE REISSUE*ISS/DATE: 10-16-08*OFFICE: HQT*BATES:POL* ORGAN AND'TISSUE DONOR: NO UPDATED: 08-27-07, LICENSE STATUS: VALID* DEPARTMENTAL.ACTIONS . PROOF REQ:V/10-7.5-08*TERM:10-15-11* BROAD COVERAGE.-PROOF ON FILE* DRV LIC SUSPENDED *EFF:10•-15-07*ORDER MAILED:09-15-07*AUTH-.13388 , 133532 ,13380 REASON:EXCES5IVE BLOOD ALCOHOL PAS*SERV.T CE:O'/09-15-07* WRITTEN VOTICE-SERVED BY OFFICER*PRIVILEGE REINSTATED:10-16-08* CONVICTIONS: VXOL/DT CONV./DT SEC/VIOL DXT/NO 1725'P COURT VEH/LIC 02-0 209 07-20-09 22349A VC 0960044 B 23450 3LHB582 DMV POINT. COUNT 1 10-24-09 '11-25-09 22349E VC 0972424 B 23480 7G41113 DMV POINT .COUNT 1 FAILURES TO APPEAR: .ACCIDENTS: NONE END END OF R E P O R T * X~b`~ 8 03/22/10 13:11:14 DAUK08024P CLETS RETURN PRINTOUT Ukiah DA PAGE CLET'SLINE RECEIVED:. 03/22/1010 13:10:56 4AR.KX000000, IH .RE:"QHY.CA023013A.2874''0896.DS4KH C DATE:207,00322 TIME:13:12:,04 RESTRICTED-DO NOT USE FOR EMPLOYMENT, LICENSING OR CERTII'ICATION PURPOSES ATTN:DS4KH CHG 31351 MMCTF MC100106 III CALIFORNIA ONLY SOURCE RECORD CZZ/A28740896 DOB/19910125 SEX/7 RAC/WHITE HGT/507 W,GT/_1.30 EY.E/HAZ ...HAI. RED. , POs/CA NAM/01 GARCIA,TESSA LYNN FBI/771701TC8 CDL/D9508543 OCC/STUDENT ARR/DET/CITE: N.A,M:01 DOB-19910125 20070915 CAP] WILLITS CNT:01 #P 11228 ,23152(A) VC-DUI ALCOHOL/DRUGS CNT:02 r 23152(B) VC-DUI.AICOHOL/0.08 PERCENT COM: SCI-OOIA2740043 AlTZR/DET/CrTE.: NAM:.0.1 . DQB....199.10125 20100318 CASO UKIAH CNT:01 #0100160451-95480 1,1351 HS-POSS%PURCHA.SE.FOR SALE NARC/CNTL SUS ARR AGY #OPEN CNT:02 113.6.4 .,.HS:~POSSES.S CONTROL SUUSTA-NCE° PARAPTHERNA ARR AGY #OPEN CON: ADR-20100318 00000002,01, HOLLY ST,, , . WILLITS, C.A., 95490) COM: SCN-RloD0780004- * END OF MESSAGE END OF REPORT MC6A CC INTROLLED D0CUMENT~ C0NFlD'Er~~AL WFOR.MATION DO NO PLICATE -T I AA ENCY B~ GATE 1 AGENCY CASE NUMBER MC100106 Tt7-I~Or.Drug.Report ReGipxemt Mendocino Major Crimes Task Force F.O. Box 879 Ukiah, CA 95492. FROM: Eureka Laboratory 1011 Nest Wabash Eureka, CA 95501 .(7Q7) 445-0682 FAX 445-6688 Controlled Substances W -113 V- - SUBJ~=: TFSSA L GARCIA OFFENSE DATE: ' 3/18/2010 s Submission 0I: Item 1: Not chemically analyzed: 15 tablets Tablets identified as containing oxycodone via literatt=. fiVIUE~CE: . On 4/1412010, the following eAdenco was received from a mpresentative of the Mendocino Major Crimes Task Force via US Mail: Submission Ol Oc evidezice ~cnvaloge containing suspected controlled substances. Item 1: "15 oxcontin 80 mg" from "bra" PISPOSITI. N' The case evidence ill be retumoi to your agency-in the n=4 course dfbusincss. 4 the wideolgeed, doolare under penalty of perjury: (i) I am =plpycd by the State of't' 0train, bepaM00 of Justice, Bureau of Nozrlaia S*Hiees (BYE); (2) I eondpeted an etnlnasion of the ntote[iai dasorlbed abotro in tIm Ordinary comae of my work as.a quaIified'trtttm+lner acoordmg t4approved ]aboratoly procedures; (3) The tecordIng aFthe annlyt W mQ3 was done at the tfma the analyals was pmfonned and included midon of eontempolxmeow•docnmeniatipn; (4) My opinions, izetpmations, oroonclusions in this report ore based upon data in the &=c!ated laboratory case record; (5) This laboratory report has been pmparad and ruined by BFS in the normal eDur:la of buaincy., according to BFS' regular pmedecs and procedures, This Labomtory is pt eredlted by American Sooleay afCriatoLoborataty Directors !Laboratory Ac=fttion Board. DATE OF REPORT: 4/2312010 Technical Reviewer: Adudnistrative reviewer: cc: 1)O3 Drug ReportRecipient D AMC-ND 707-463-4687 alacovery to: 1D Defendant: a c: . Case Na -.t ti -H 7ate~~• Pages cs2 4 DEPARTMENT OF JUSUCE BFS CASE liMaBR B ATJ OF' MaNSIC SERVICES EU-10-000658.0001 page 1 of 1 MATnMW J. I . TEN Senior Criminalist CEIVED APR 2 8 2010 DISTkICT ATTbRNEY AGENCY CASE NUMBER WTARTMENT OF JUSTICE BFS CASE NC)MBBX MC100106 BUREAU OF FORENSIC SERVICES BU-10-000658-0.001 TO:DOI DM Report Recipient Mendocino Major Crlmes.TaskTorce F.0, Box 879 Ukiah, CA 95482 FROM., Eureka. Laboratory . , 40I1,West Wabash-, Bliseico, CA 95S01 (7D7) 445-6692-FAX 445-6688 Controlled Substaneds SUBJECT: TESSA L GARCIA, OFFENSE DATE: 3/18/2010 SUMIvIA't~Yr Submission 01: Item 1. Not chemically analyzed: 15 tablets Tablets identified as containing oxyCodone via literature. By1DENC'13: RECEIVE,) On 4!14/2010, the following evidence was received froin a representative oi: the Maddocuro Major Cftes Task Force via US Mall: APR Submission 01: One evidence envelope containing'suspected controlled substances. 2 9 Z018 " Item"i: "F5°axeorilftiBDmg"from,"bra." •couUgi,ICDe~'$NDE DTSPOSIT.[ON: ~°FM~iv4a NtD The case evidence mill be returned to your agency in the normal course of business. I, dtestindarsigned, declatq uf+dee penatry.vf perjury: (I) I am employed by the State of Califomin, Department of Justieq Bureau of Forensic services (BFS (Z) I conducted an m mnination of the raarmial described above in the ordinary course of my work as a gWffled examiner aooordins to approvedlsbomvry procedures (3) The tewMing of the analytical malts was done attic time the analysis -wopetfonnedand included oration of contempomneovs.documentertion;.(4) Any.opinions, interprcthous, or connlusions in thL-. re port am based gpon dabs in the associated iaboramry case rmord; (5) This Iaboratory report bas berm pmpared and retained by BPS in the normal course of businm a=iding to 3?S' regular pmetim and pmced=. This Laboratory is a=cditea by American Society of Crime Lmb moty Ditectors / Laboratory AmWitation Born. DATE ORREPORT: . 4/23 12 0 10 ' Technical Reviewer: Q if=- MATTHEW J. x MN ~t Senior Crlminalist Administrative Reviewer. cc: DOI Drug Report Recipient UAMEND 707-463-4687 ~isooveryto: APR 2 3 2010 Cato No N~SI3DOCINO COUNTY tDaCA :Pages... bISTRIC ' ATTORNEY. . cS2 4 Page i of 1 ~-11 -:to • 3eny Gonmlez -request for iestrainingg order - inbox - Yahoo... hiss;/;us.ms33a.mail. -a,~cc.com mc; reicor~~b'r.=~=t~.~??=!~o ~j s~... 41, Marigold Sign Out Ail-New Mail Hall) Mail Check Mail New Delete 'Adoly Forward -Spam Move...' Try the new Yahoo] Mail Folders Re: to-Gerry Gonzalez - request for restraining order Monday, March 22, 2010 11:21 AM Frmn: "wlffitsoo!ke wiifftsppike" <w!Rspo!ke@co.mendockm.ca.us> To: "Marigold WeW <marfgoidkiein@yahoo.com> Cc: ttaylor@cltyohr!ciah,com t } . Marigold, ! have confirmed with Captain Trent Taylor that Officer Hoyla iNill not tie' contacting you further. Captain Taylor,FQiterated.his~ffer.to.meet ra+stk~.you,wlsicla.3-totd.vou.about.eaclier. Should ybu have anymore questions or wish to speak about this matter further please do not hesitate to contact. me. 1 provided you my direct line should you have any questions and you can leave a message for me which I shall return. My Folders t • } Sorry again for any inconvenience this matter has caused you and you daughter. Chat & Mobile Text Gerry Gonzalez 1 am Ofrline Marigold Klein <marigoldklein@yahoo.com> 312112010 2:11 PM Dear Gerry, ! am requesting a restraining order against officer Peter Hoyle of the Mendocino Major Crimes Task Force. On Thursday March 18Th, he entered our apartment, by mistake, and seriously injured my y Aatghter.....She.was.In.bed, •recovering from.bronchitls,.heard. the-, noise and. got.up.out.of bed as he entered her bedroom and threw her down, injuring her wrist badly,and bruising her all over. She may be permanently crippled. ! so hope not! But before the last two surgerlles on that wrist; her hand became ' unusable, and it's.a difficult surgery with no guarantee of success. In the emergency room after the incident, her fingers were no Ignger working well. She's. in a splint now and really in pain. She's also bruised and traumatized.. Every nolse makes her jump. Officer Hoyle has come back several times and was pressuring us Friday to meet with his boss, to sign off . We are also getting lots of phone' calls suddenly from an unlisted phone by someone that doesn't leave a message. I am asking that you forbid him from coming here or calling, PLEASE ll He said he had a search warrant, but he never showed it to us. He just invaded, made me sit by the door while he ran in and Injured my daughter, without even talking to her, and then ran back out, to a-different apartment where they arrested someone. i told him he had the wrong apartment. I'm traumatized by having let him in! I've tried so hard. to protect. this. girl and to.have her altacked.by. a police. officer In :nor own bedroom is just way over the line. For a huge man to use that kind of force on a girl would be way over the 11rie, even N shwwas the person he was looking for. But my daughter never used drugs, 'trained with CERT until her health difficulties prevented it, is an honor student at the local college. Officer Hoyle said an Informant had given them our apartment number, and If this Is true, I wonder if It was an unwilling informant who wanted us attacked because we call the police when there its trouble in the neighborhood. Were )known as.police friendly. Even after this happened; we were almost friendly to this officer, until we found out that he was lying to us. tie told us that in the 30+ years that he's been doing this work, Ws never before gone into the wrong apartment and roughed up the wrong person: He didn't say-roughed up" but that-vjas `the baisic idea of what he told us : that this had never happened before. But he ),vas lying to usl 1-16 known for doing thisl I have deep respect for law enforcement and belief that over the line activity won't be tolerated. Please restrain him from coming here or calling us! thank you so much, Mar]oold Klein Yahoo! Mai! Search . Web Search 123)2010 12:2II ?IA LIrLVV., lilLL~• V~ V../~ 1V ~ V •r7 ..7 ' System: HTE DEPARTME14 ~ WILLITS POLICE DEPARTMEI~,~------------_---------_--- DEPAM-MENT Progrm: CHF004P Narrative-Print .4--- Case Number: 6-10-000405 CONFIDENTIAL INFORMATION 00 NOT DUPLICATE N A R R A T I V E # 1******************* CAD Information Reported By:,DONAHUE, JACOB 3/22/10 Reviewed By: DONAHUE, JACOB 3/24/10 On 03/22/10 at about 1700 hours I met with Krissa Klein and her mother, Marigold Klein in the lobby of the Willits Police Department. They wanted to speak with me about an incident involving Mendocino Major Crimes Task Force (MMCTF) Agent Peter Hoyle. According to both Krissa and Marigold, they felt the incident amounted to an assault under the color of authority and requested charges be filed against Agent Hoyle. I interviewed them separately, in the WPD°f rout interview room. According to Krissa, she lived with Marigold at 201 Holly Street apartment 8. On 03/18/10 at about 1430 hours she was in her bedroom, on her bed, wearing a bathrobe when she heard a "commotion" in the living room-. She arose from her bed and walked to her bedroom door. When she opened her door, she saw a male subject, whom she later identified as Agent Hoyle, standing just outside of her door. Upon seeing her,.-Hoyle 'directed. her to, "get down.., get...down, .get .down" . Krissa.told me that while she was standing there "still in shock", Agent Hoyle grabbed her shoulders and pushed her backwards, causing her to fall to the floor. In order to break her fall, Krissa twisted her body to land on her left arm, which immediately caused her pain. Krissa explained that she has a pre-existing medical condition in her left wrist for which sho* d undergone "operations".. While lying on the floor Krissa "burst into tears", and at about that point Agent Hoyle got a "horrified" look on his face. Agent Hoyle told. Krissa to get up,.and"he walked back out,into the-living room where Krissa heard him tell Marigold that he would be right back. Krissa described Hoyle as having worn a dark colored, multi-pocketed vest worded something like, "TASK FORCE". She told me that she didn't recognize him as.a police officer until after she'd fallen onto the floor. Agent Hoyle returned to the apartment about fifteen minutes later and explained that they'd had a warrant for their apartment, but that there was a discrepancy.in the information..Kriss.a told-me that .after Agent Hoyle left she was in a considerable amount of pain and, with Marigold, responded to the Emergency Room. Agent Hoyle arrived at the Emergency Room, apologized to Krissa and Marigold, and offered to pay-any medical bills. They later learned that prior to his appearance at,the ER, he'd brought ice packs to their apartment for Krissa's wrist. I asked Krissa about her ER visit, and she told me she'd undergone x-rays but no fractures were observed and, ultimately, the on duty doctor diagnosed it as a sprained wrist. According to Marigold, on the date of the incident she was in.the Date/Time: 8/05/10 / 8.:49:35 ...System.:.HTE WILLITS POLICE DEPARTMENT Page: 2 Progrm: CHF004P Narrative Print Case Number : 6-10-000405 apartment, when she heard a "loud, urgent knocking on the door". Marigold, expecting a UPS delivery, answered the door and, instead saw Agent Hoyle. Agent Hoyle told her he had a search warrant, entered the residence, and asked Marigold who she was and how many other people were in the residence. Marigold identified-herself and told him that her two kids were in their bedrooms. At Agent Hoyle's request, . Marigold sat on the couch. Agent Hoyle responded to the rear of the apartment and reemerged afew seconds later, told Marigold he'd be back, and left the apartment. Marigold told me she saw a second person standing behind Officer Doyle upon his entry, but could provide no details of that person. She told me Hoyle was wearing a beige police uniform, and she specifically stated, "it was clear that this was a police officer. I mean if it had just been a wild eyed man...I wouldn't have opened the door and sat down". After Agent Hoyle left the apartment, Krissa walked out into the living room holding her arm in pain. Shortly thereafter, she brought Krissa to the Emergency Room. Agent Hoyle eventually arrived as well, apologized, and. told-them his agency would pay the medical b.i.11s.. . Marigold told me that her 14 year-old son Ben, was in his. room during the incident but didn't see or hear anything because his bedroom door was closed and he was listening to music on headphones. I digitally recorded the interviews as 3235100405. Recommendations: Submit to the Mendocino County DA's office for further follow-up and review. End of Report ILLIT POLICE DEPARTMENT ON OLLED DOCUMENT CO Fi TIAL INFORMATION 00 NOT DUPLICATE ITEM NO.: MEETING DATE: AGENDA SUMMARY REPORT 7g October 20, 2010 SUBJECT: APPROVAL OF REVISIONS TO THE CITY OF UKIAH'S OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM GUIDELINES Discussion: Staff requests the approval of revisions to the City of Ukiah's Owner-Occupied Housing Rehabilitation Program Guidelines, funded by a 2008 Home Investment Partnerships Program (HOME) grant. Revisions to the guidelines are needed to ensure the City is operating in compliance with the current California Department of Housing and Community Development (HCD) recommended best practices and guidance from State HOME representatives. The proposed revisions were approved by HOME on September 3, 2010. A redline version of the revisions is included as Attachment #1, for review and consideration. The most notable changes are to the income and subsidy limits and the inclusion of rehabilitation assistance for manufactured and mobile homes. Staff recommends the approval of revisions to the City of Ukiah's Owner-Occupied Housing Rehabilitation Program Guidelines. Fiscal Impact: Budgeted FY 10/11 F-1 New Appropriation Not Applicable Budget Amendment Required ❑ Recommended Action(s): Approval of revisions to the City of Ukiah's HOME Owner-Occupied Housing Rehabilitation Program Guidelines. Alternative Council Option(s): Deny request and provide direction. Citizens advised: N/A Requested by: N/A Prepared by: Craig Schlatter, Community Development Manager for the Community Development Commission of Mendocino County and Mendocino County Energy Watch and Sage Sangiacomo, Assistant City Manager Coordinated with: Jane Chambers, City Manager Attachments: Revised HOME Owner-Occupied Housing Rehabilitation Guidelines for the City of Ukiah Approved: J e hambers, City Manager CITY OF U KIAH OWNER-OCCUPIED HOUSING REHABILITATION PROGRAM GUIDELINES August 3, 2008 A-rTACHMENT 'p.~_ PROGRAM OUTREACH AND MARKETING All outreach efforts will be done in accordance with state and federal fair lending regulations to assure nondiscriminatory treatment, outreach and access to the Program. No person shall, on the grounds of age, ancestry, color, creed, physical or mental disability or handicap, marital or familial status, medical condition, national origin, race, religion, gender or sexual orientation be excluded, denied benefits or subjected to discrimination under the Program. The City will ensure that all persons, including those qualified individuals with handicaps have access to the Program. The Fair Housing Lender logo will be placed on all outreach materials. Fair housing marketing actions will be based upon a characteristic analysis comparison (census data may be used) of the Program's eligible area compared to the ethnicity of the population served by the Program (includes, separately, all applications given out and those receiving assistance) and an explanation of any underserved segments of the population. This information is used to show that protected classes (age, gender, ethnicity, race, and disability) are not being excluded from the Program. (For HOME, the Sponsor shall develop a Fair Housing Marketing Plan prior to project set up). Flyers or other outreach materials, in English and any other language that is the primary language of a significant portion of the area residents, will be widely distributed in the Program- eligible area and will be provided to any local social service agencies. CDC will work closely with local real estate agents and primary lenders to explain the Program requirements for eligible housing units and homeowners and to review Program processes. Local real estate agents and primary lenders will also be encouraged to have their customers participate in the Program. CDC will ensure that all property owners within the City are notified of program availability, their eligibility to participate, and application procedures. Such notification will include Press Releases and newspaper ads. CDC will also ensure bilingual materials are available for owners, In addition, the City shall ensure that bilingual staff will help the property owners understand all program and application materials and will be available to answer any questions. II. APPLICANT ELIGIBILITY A. Conflict of Interest No member of the City of Ukiah City Council, the Home Improvement Loan Committee, the Community Development Commission, officer or employee of the Community Development Commission during their tenure or for one year thereafter shall have any interest, direct or indirect in any 2 Home Improvement Program loan contract or the proceeds thereof, per 24 CFR 92.356. B. Income The maximum household income allowable to qualify for a Home Improvement Program loan is eighty percent of the median income (targeted income) for Mendocino County, as established by the California Department of Housing and Community Development. Eligible applicants will not have an annual gross income exceeding the levels established for "low-income" households adjusted by family size. The owner will be required to provide income documentation. Community Development Commission (CDC) program staff will determine whether applicants satisfy the income eligibility criteria. Income will be verified by evaluating applicants' income and assets through third-party verification. Income limits will be updated within 30 days of receipt from the California Department of Housing and Community Development. All applicant information obtained by CDC staff will be kept confidential. C. PROPERTY To be eligible for program financing, properties must comply with the following criteria: 1. Location Units to be rehabilitated under the Program must be located in the incorporated area of the City of Ukiah excluding portions subject to flooding. The City reserves the option of completing the "eight step" process for areas subject to flooding, converting to exempt status, and including these areas at the discretion of the Community Development Manager. 2. Occupancy Although there is no minimum length of ownership requirement under the program, an owner-occupant must reside in the unit prior to the processing of a loan application, and theowner's unit must he his/her principal residence. However, if in the opinion of the City Building Official, the unit as it exists is uninhabitable, this requirement may be waived by the Community Development Manager. 3. Title Property owners shall hold land in fee title. 4. Condition To qualify, the level of disrepair must include at least one code violation, such as roof, foundation, structural, plumbing, heating, electrical or an accumulation of deficiencies that constitute a threat to health and safety (a health and safety violation). Rehabilitation financing will be available to eligible property owners only when a reasonable expenditure of funds will enable a residential unit to be brought up to Standards "standard," meaning no more health and safety issues (HUD Section 8 Housing Quality Standards) and no more code violations (by local standards). 5. Life Estate Applicants meeting all other eligibility criteria who hold a Life Estate on the property and reside on the property are eligible for a rehabilitation loan. Income eligibility will be determined by the income of the occupant/holder of the Life Estate. Household income will include all adult household members, regardless of vesting of the title. The holder of the Fee Simple Estate will be required to sign all loan documents. The loan conditions will provide that the loan is due and payable upon sale or transfer of the property and upon termination of the Life Estate of the current occupant. (In making loans to Life Estate holders CDC will regularly monitor such loans to verify the status of the occupant). 6. Living Trust Applicants meeting all other eligibility criteria and who currently reside on a property with a title held by a living trust are eligible for a rehabilitation loan. Income eligibility is determined by the income of the applicant/occupant. Loan conditions are based on the continued occupancy of that specific occupant in the residence. 7. Mobile Homes or Manufactured Housing rehabilitation assistance under the HOME Program. The 4 Formatted: Indent: Left: P' 7-11 Formatted: Font: Bold, Underline Formatted: Font: (Default) Arial Formatted: Indent: Left: 1.5 Manufactured Home Construction and Safety Standards (MHCSS) established by HUD (24 CFR Part 3280) define a manufactured home in §3280.2 to be "a structure, transportable in one or more sections which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. 6 mobile home is a Formatted: Font: (Default) Mal, Not Bold manufactured home. A Formatted: Font. (Default) Arial Formatted: Indent: Left: 0", Widow/Orphan control II. PROPERTY INSPECTION CDC housing rehabilitation staff will be responsible for conducting initial, interim, and final property inspections for code compliance, with the assistance of an architect and City building inspector. The inspection will include 1. CDC Housing Rehabilitation Staff (Rehab Staff) have initial interview with the property owner, or owner's representative, to identify known problems. 2. Rehab Staff perform walkthrough with property owner, or owner's representative, and an architect. 3. Architect and Rehab Staff develop work write-up and cost estimate. Preparation of Scope of Work and Cost Estimate The Housing Rehab staff will be responsible for inspecting property to identify violations of health, safety, and building codes. After conducting the initial interview, a detailed scope of work and specifications will be developed that addresses all violations of health, safety, and building codes, and provides (for properties constructed before 1978) for testing and abate ment/removal of lead based paint, if necessary. If the property is not suitable for rehabilitation (no violations or rehabilitation is too substantial), or if the owner drops out of the program, a termination letter will be prepared and sent to the homeowner. Please see Section VIII, page 21 for detailed description of inspection process. Rehabilitation activity will consist of eligible improvements required to bring a residential dwelling unit up to a level of "standard," i.e. no more health and safety issues HUD Section 8 Housing Quality Standards) and no more code violations, for decent safe and sanitary housing. Any rehabilitation work will comply with all pertinent standards of the various codes and ordinances adopted by the City of Ukiah including current State standards for residential energy conservation, the Uniform Housing Code and where applicable, local codes and ordinances. It shall be the responsibility of the Housing Rehabilitation Staff to determine the most cost effective and appropriate manner in which to complete the needed repairs of a dwelling. The purpose of the Home Improvement Program is to assure a living unit, which provides for a healthful environment and complete living facilities arranged and equipped for suitable and desirable living conditions commensurate with the type and quality of the property under consideration. To provide each living unit with space necessary for suitable living, sleeping, cooking and dining accommodations, as well as sanitary facilities: 1. Independent facilities shall be provided for each living unit except that common facilities such as laundry and storage space or heating may be provided for each property. 2. Each living unit shall contain provisions for each of the following: (a) A continuing supply of safe potable water. (b) Sanitary facilities and a safe method of sewage disposal. (c) Heating adequate for healthful and comfortable living conditions. (d) Domestic hot water. (e) Electricity for lighting and for electrical uses in the dwelling. 3. Clothes closet space should be provided with bedrooms or located conveniently nearby. 4. Exterior doors shall have keyed locks. 5. Attics and underfloor area shall have proper access and insulation as required by local codes. 6. Every dwelling shall be supplied with a means of disposal or removal of trash and garbage, which is inaccessible to rodents. B. Access to the Building Walks and steps shall be provided for all-weather access to the building and 6 constructed so as to provide safety and reasonable durability. C. Gradinq Any deficiencies in proper grading or paving adjacent to the building shall be corrected to assure surface drainage away from foundations and basement walls. D. Unacceptable Features Features which are not ordinarily acceptable in any property and must be corrected where feasible are: 1. Buildings in which adequate attic and/or underfloor space ventilation has not been provided to prevent conditions conducive to dampness, decay, fungi and/or insect infestation and deterioration of the structure. 2. Buildings constructed on wood mudsills resting directly on the ground. 3. Crawl space vents with vent bottom less than 6 inches above the finish grade. 4. Foundations with top of stem wall less than 6 inches above finished grade. 5. Wood, siding, floors and/or door casings or sills in contact with ground. 6. Retaining walls shall be maintained in adequate repair and must be provided where necessary to protect the structure, driveway and walls and to prevent soil erosion. E. Structural Soundness All structural components of the dwelling shall be in sound condition and considered serviceable for the expected useful life of the rehabilitated building. Sagging floors, fireplaces, partitions, stairs, and exterior walls shall be restored if practicable to an acceptable level or plumb position, and supported or braced so as to prevent a recurrence of these conditions. Stair railings shall be rigid. Individual structural members in a seriously deteriorated condition shall be replaced. Loose or damaged joints between structural members shall be corrected. F. Inspections and Correction - Pest and Fungus A careful inspection by qualified persons will be made of each building and accessory structure on each property for evidence of actual or potential insect or rodent infestation or access channels. Defects in existing buildings, which permit the entrance of rodents, termites or other vermin will be corrected by appropriate preventive measures. Damaged or deteriorated structural members will be replaced. A number of preventive and protective measures against the several forms of infestation are: 1. Window or other openings near grade are to have snug fitting screens. 2. Exterior doors are to fit tightly and be flashed or caulked at sill. 3. Opening for pipes or ducts through floors or walls are to have tight fitting collars. 4. Cracks and crevices in foundations and aboveground walls may be effectively sealed by pointing with mortar or other approved materials. 5. Cracked, broken or decayed wood surfaces shall be replaced. 6. Appropriate chemical treatment of soil adjacent to foundations and within hollow masonry foundations and treatment of soil in enclosed spaces. 7. The Application of precautions or corrective actions recommended by licensed professional exterminators. Note: Loans funded by HOME may only be used for the living structure itself, not the outbuildings. G. Exterior and Interior Finishes Exterior and interior finishes shall assure that the building finishes will be adequate to: prevent the entrance or penetration of moisture and weather; protect from damage by decay, corrosion, insects and other destructive elements; provide reasonable durability and economy of maintenance. H. Exterior Appurtenances All exterior appurtenances or accessory structures, which serve no useful purpose, or those in a deteriorated condition which are not economically repairable, may be removed. Such structures include porches, terraces, entrance platforms, garages, carports, walls, fences and miscellaneous sheds. 1. Foundations All masonry or concrete foundation walls will be improved to a safe, and sound condition with the top of the wall not less than 6 inches above finish grade. All wood foundation posts, sills, girders and plates showing signs of rot, decay, infestation or structural failure shall be replaced with new suitable materials of proper design where practicable. J. Exterior Walls The Inspector shall conduct a "Visual Assessment" of all the dwelling unit's painted surfaces in order to identify deteriorated paint. All deteriorated paint will be stabilized in accordance with CFR 35.1330 (a) and (b); and a Clearance shall be made in accordance with CFR 35.1340. Wood siding materials and trim that are broken, split or damaged so as to permit the entrance of weather or that show signs of decay or insect infestation shall be replaced. Where required, all existing wood surfaces shall be suitably prepared for painting and shall receive at least one coat of prepared exterior house paint. New wood siding materials shall be protected by appropriate finishes. Composition sidings, including mineral surfaced fiberboard, mineral surfaced asphalt siding, asbestos-cement types, etc., which show deterioration, damage or joint failure so as to permit the entrance of weather or adversely affect the appearance of the dwelling may be repaired, replaced or covered with new suitable siding materials.' K. Interior Walls and Ceilings 1. All loose and broken gypsum board shall be renailed or replaced, if possible, and refinished. All loose and broken plaster shall be soundly patched and repaired. Where its deterioration is so extensive that patching is impractical, the entire wall or ceiling area shall be replastered or covered with acceptable drywall materials.2 Wherever deteriorated walls, ceilings, or other areas are suspected of containing asbestos materials, precautionary protective measures will be taken to protect workers and residents from harmful dust. These measures may include full abatement procedures as provided by trained personnel. Dwellings which were built prior to 1978 and are occupied by children under the age of seven will be evaluated to determine the existence of chipping or pealing lead-based paint. The occupants of all units rehabilitated through the program will receive a Lead-Based Paint Warning advising parents of the possible need to have children evaluated for possible lead poisoning. In incidents where lead-based paint poisoning has been determined, or where problems are believed to be likely, HUD-approved abatement procedures will be followed in cooperation with the local Health Department. z/ Ibid 2. All walls and ceilings shall be properly prepared and painted or shall receive other appropriate finish. 3. Interior doors, jambs and interior trim, which show excessive deterioration, abuse and patching shall be replaced. Existing and/or new interior millwork shall be properly prepared and receive protective finish. All broken or missing hardware shall be replaced. L. Kitchen Fixtures Countertop and backsplash shall be of approved durable and water-resistant materials. Where required, a new sink and fittings properly connected to hot and cold water supply and waste lines shall be installed. M. Finished Floors 1. Bathrooms/toilet compartments and kitchen floors shall be provided with approved underlayment, approved waterproof floor covering materials, and appropriate base mould. 2. Floors in other areas of the living unit which show excessive wear, shrinkage, cupping or other serious damage shall be, if possible, replaced or covered with acceptable finish flooring materials properly installed. Sound wood floors showing normal wear and discoloration may be refnished.3 3. Finish floors shall be appropriate to the use of the space, be in good condition, and provide low maintenance service life. N. Roof Drainage Each dwelling will have a controlled method of disposal of water from roofs where necessary to prevent damage to the building and property if possible. 0. Roof All roofs and flashings shall be replaced or repaired to the extent necessary to protect the building against leakage. P. Gutters, Cornices and Exterior Details 3/ Ibid. 10 Gutters, downspouts, eaves, rafter ends, fascias, soffits and cornices, mouldings, trim, etc., showing evidence of leakage, rust, decay or deterioration will be replaced with new materials suitably protected with paint or stain. Repairs shall be made with any necessary changes of existing design or with appropriate new design within reasonable limits to prevent recurrence of the deterioration. 0. Chimneys Chimneys, brickwork or fireplaces showing signs of deterioration should be repaired or replaced with appropriate materials if possible. R. Windows, Doors, and Other Openings Existing windows and doors, including their hardware, shall properly function and give evidence of continuing acceptable service. Defective glass or locking mechanisms shall be replaced or repaired. Windows and doors and their frames which show signs of decay, deterioration, excessive warping, racking or misalignment shall be replaced or repaired and adequately protected with paint and flashings against further deterioration. S. Electrical Wiring When electrical services must be replaced, a 100-amp main service with a minimum of 4 branch circuits is required. Additional branch circuits shall be installed, as required, to service cooking ranges, clothes dryers, water heaters and other major appliances. A minimum of one outlet and one permanently installed overhead light fixtures or 2 outlets for each living room and each bedroom is required. Every other habitable room shall have at least one outlet and a source of natural or artificial light. An outlet may consist of one receptacle or two and must be permanently installed. Permanent light fixtures with wall- mount switches are required in kitchen and bath. T. Plumbing All plumbing fixtures shall be appropriately connected to approved drain, waste, vent, and supply lines. All leaking, deteriorated or clogged piping shall be replaced or restored to a condition which will provide safe and adequate service for the plumbing fixtures or equipment to which they are connected. U. Heating and Ventilation No unvented fuel-burning heater shall be permitted. All heating devices and appliances shall be of an approved type. Each living unit shall have properly vented domestic water heating equipment capable of adequately supplying hot water, as defined in U.P.C., with properly sized safety devices in place. V. Porches, Walks and Steps 11 All unsafe or unsound porches and steps will be removed or replaced and protected from deterioration with paint or other acceptable finish. Where required, approved handrails and guardrails shall be provided. W. Fences and Gates Dilapidated wood fencing which poses a health or safety hazard should be replaced. Wood fences which have missing pickets, boards, panels or which lean may have missing parts replaced with suitable materials. Sagging gates may be braced and those dragging on the ground may be rehung. X. Landscaping Brush which poses afire hazard shall be removed. Trees that are undermining the structural integrity of the dwelling will be safety-pruned. All debris, lumber and trash shall be removed. Y. Painting and Decorating Where necessary, a protective and decorative finish coating shall provide: adequate resistance to weathering, protection of finished surfaces from moisture or corrosion, an attractive appearance, and reasonable durability. Where painted surfaces are in a well-maintained condition and not disturbed by the rehabilitation work, painting and decorating is not required. Z. Expansion of Dwelling Rehabilitation assistance may provide for the expansion of kitchen and bathroom facilities, except when HOME funds are used. An existing bedroom may be enlarged or an additional bedroom may be provided where it has been determined that a family is living in an overcrowded condition as defined by the Bureau of Census. For the purpose of adding a second bathroom, overcrowding is defined as five or more persons sharing the same home. AA. Kitchen Equipment Rehabilitation assistance may provide for the repair or purchase of a kitchen range and/or refrigerator if missing or unsafe. BB.Energy Conservation Measures Rehabilitation loans may be used to reduce energy consumption through the installation of: 1. Dual glazing; 12 2. Storm windows; 3. Attic, floor, and wall insulation; 4. Water heater blankets and timers; 5. Hot water pipe insulation; 6. Caulking and weatherstripping of doors and windows; and 7. Replacement of inefficient woodstoves (including flues and heat shields). CC. Incipient Violations Rehabilitation assistance may be used for rehabilitation work necessary to correct incipient, as well as actual violations of Housing Quality Standards. An incipient violation exists if it is thought that the physical condition of an element in the structure will deteriorate into an actual violation in the near future. DD. Building Permits and Related Fees Rehabilitation assistance may provide funds to cover the cost of building permits and related fees that are required to carry out the proposed rehabilitation work when such fees are not waived. EE. Property Standards- Mobile Homes/Manufactured Housing t---`-- Formatted: Indent: Left: V All manufactured housing assisted with HOME funds must meet the property t . Formatted: Font: (Default)mal standards at M.251 (a)(4), which states that the construction of all manufactured Formatted: Indent: Left: 1", Widow/Orphan Mousing must meet the Manufactured Home Construction and Safety Standards. control, Tab stops: Not at -0.' + a' + 0.56" , These standards pre-empt State and local codes covering the same aspects of + 1" + 1.31" + 1.5" + 1.69" " performance for such housing. Installation of manufactured housing units must . Formatted: Font: (Default) Arial comply with applicable State and local laws or codes. In the absence of such laws or Formatted: Font: (Default) Arial codes, the City will comply with the manufacturer's written instructions for installation ` • Formatted: Font: (Default) Arial of manufactured housing. In addition, manufactured housing that is rehabilitated Formatted: Font: (Default) Anal using HOME funds must meet the requirements set forth in ~92.251(a)(1). The Formatted: Font: (Default) Arial manufactured housing unit must be rehabilitated so that it is brought up to the condition of "standard," i.e. no more health and safety issues (Section 8 Housing Formatted: Font: (Default) Arial Quality Standards) and no more code violations). Formatted: Indent: Left: 1" EEFF. Ineligible Costs Except as provided for herein, a rehabilitation loan shall not be used for: 1. New construction, substantial reconstruction, expansion of the structure, or the finishing of unfinished spaces (except in documented overcrowded conditions). 2. Luxury items, materials, fixtures, equipment or landscaping of a type or quality which exceeds that customarily used in the locality for properties of the same general type and value as the property to be rehabilitated (General Property Improvements). 13 3. Appliances not required by Section 8 Housing Quality Standards. 4. Acquisition of land. 5. Penalty building permit fees. 6. Tenant-Occupied properties. III. TYPES OF FINANCING AND TERMS A. Owner-Occupants 1. Maximum Loan Amount An eligible owner may qualify for the full cost of the rehabilitation work needed to comply with Section 8 Housing Quality Standards (no health and safety violations) and local building odes. Maximum assistance with funds is $40,000 limited to the maximum subsidy limit as published in the current HOME Notice of Funding Availability and contained in Attachment A. Total indebtedness against property will not exceed 90 percent of after-rehabilitation value. Rehabilitation costs for jobs may be supplemented with personal financing or with other loan or grant programs. 2. Deferred Payment Loans (DPLs) All loans will be deferred with no amortized payments and have a fixed simple interest rate of zero to three percent per annum. For the HOME program, loan terms will be 30 years. A DPL is a deferred interest loan secured by a deed of trust with no payback required until the borrower sells or transfers title or discontinues residence in the dwelling. When specific circumstances occur, the DPL becomes immediately due and payable. Payments may be made voluntarily on a DPL. 3. Determining Eligibility Owner-occupants with incomes below 80% of the median income for Mendocino County adjusted for family size are eligible for Deferred Payment Loans. On a case-by-case basis other hardship expenses such as medical costs and housing expenses in excess of 30% of the household's gross monthly income may be considered in determining the need for a DIRI lower interest rate. The Loan Committee may adjust the interest rate from 3% to 0% to assure affordability. Affordability is based on 30% of gross income applied to housing costs. Housing costs include mortgage payments on the subject property, the housing rehabilitation loan payment, real estate taxes and insurance on the subject property. 4. Reconstruction Policy 14 The reconstruction of existing low-income owner occupied single family residential structures may be authorized with prior State and Federal approval Procedures shall be consistent with applicable State and Federal guidelines. Reconstruction financed with loan funds shall, with Loan Committee approval, be subject to the per unit maximum of HOME subsidy limits based on number of bedrooms. C. Closing Costs Closing costs incurred during the processing of a loan application will normally be paid by the applicant out of loan proceeds. These costs which may vary among applications, may include: credit report fee(s), appraisal fee, title insurance fee, lot book report fee, escrow fee, pest control report fees, and recording fees. Where warranted by income and monthly repayment capacity limitations, the Loan Committee may waive applicant repayment of all or a portion of the closing costs. For loans funded by the HOME program, closing costs included in the loan principal cannot be waived. Lower-Income applicants who are not approved for financial assistance will not be required to reimburse the City for costs associated with the processing of the application. D. Security Property to be rehabilitated shall act as security for the loan. All loans shall be secured by a Promissory Note and Deed of Trust, which shall be recorded. A junior deed of trust may be approved as security for a loan. Total liens of record against the property may not exceed 90% of the after rehabilitation value as determined by the Loan Committee based upon the estimate provided by Housing Rehabilitation staff. E. Transfer of Title All loans become immediately repayable in full when there is any transfer of title to the property, other than to a surviving spouse. The Community Development Manager may permit the same or revised terms if income criteria are met by the new property owner. IV. OCCUPANCY REQUIREMENTS Every five years owner occupants will be required to submit to CDC the following verifications: (a) Proof of occupancy in the form of a copy of a current gas and electric bill. (b) Statement of unit's continued use as a residence. Note: For loans funded by HOME, recertification is to be done annually. 15 2. In the event that an owner-occupant sells, transfers title, or discontinues residence in the rehabilitated property for any reason, the loan is due and payable. (a) If, however, the owner-occupant who qualifies for financing dies, and if the heir to the property lives in the house and is income- eligible, the heir may be permitted, upon approval of the CDC to assume the loan at the rate and terms he or she qualifies for under current participation guidelines. (b) If the owner-occupant who qualifies for financing dies and the heir is not income-eligible, the loan is due and payable. (C) If the owner-occupant who qualifies for financing dies and his heir is not income-eligible, but he or she chooses to rent the unit to low- income families and agrees to comply with owner-investor restrictions, the heir may be permitted, upon approval of the CDC to assume the loan at the same rate and terms offered investors under current program guidelines. If the heir does not comply with investor restrictions, the loan is due and payable. 3. If an owner-occupant wants to convert the rehabilitated property to a rental . unit, he or she must notify the CDC in advance. If the CDC approves the conversion of an owner-occupied unit to a rental, the owner will be required to comply with the provisions of the investor guidelines, including rent limitation provisions and financing arrangements. 4. If an owner wants to convert the rehabilitated property to any commercial or non-residential use, the loan is due and payable. V. OWNER PARTICIPATION OR SELF HELP LOANS The purpose of the Home Improvement Program is to improve the housing conditions of low-income residents. Three important considerations in achieving this purpose are: 1) the work should be done in a timely manner, 2) the work should meet certain basic standards of quality, and 3) work must comply with the rehabilitation standard established by the Program (SeGtion 8 Housing Quality no more health and safety issues (Section 8 Housing Quality Standards) and no more code violations). In situations where a home owner is also a construction contractor or can provide references establishing a history of working in residential construction, the property owner may complete some or all of the tasks required to rehabilitate his/her property if he/she has the degree of skill required to perform the work involved. Self-help is usually appropriate for the accomplishment of tasks of an unskilled nature such as general clean up, demolition of small buildings, removal and disposal of debris, or for work which involves minimum use of costly materials and equipment, such as exterior and interior painting. Work of a skilled nature is appropriate only if the owner has a license to perform 16 such tasks. Owners who participate in the Home Improvement Program on the basis of performing some or all of the work themselves, which is known as providing "owner participation" or "self-help," will be expected to comply with the guidelines outlined below. Evaluation. An evaluation must be performed by the Housing Rehabilitation Specialist to determine the applicant's suitability for owner participation. The option to allow owners to do the work themselves may be provided at the sole discretion of the Housing Rehabilitation Staff. Work write-up and Cost Estimate. The City will develop the work write-up and in- house estimate of costs. Housing Rehabilitation Staff will compare bids received on the work with the cost estimate. Bids will only be accepted if the price is within 10% of the amount of the cost estimate, or the inspector provides a written explanation of the difference. 3. Work Schedule. Borrowers approved to provide owner participation will be required to submit a detailed work schedule in accordance with deadlines established by the program. This work schedule must include the following: a. A complete list of materials, which will be required for the project. b. A precise cost estimate of materials to be purchased. This estimate must be based on actual costs and must be verified by an accredited architect or similar professional (engineer). C. A detailed list (company names, addresses, and telephone numbers) of places where materials are to be purchased. d. A specific list of individuals (contractors, subcontractors or laborers) who will be needed to assist the owner in completing the project. This list shall include contractors' license numbers, addresses, telephone numbers, and specific amounts to be paid. Owners are reminded that it is against program policy for any owner or member of the owner's immediate family to receive payment, either directly or indirectly, for housing rehabilitation work. e. A detailed time schedule showing the dates when work will be started, when work will be done on each task, and when all work will be completed. Permits. It is the responsibility of the homeowner to contact the appropriate governmental offices to determine whether building permits or other permits will be required. Failure to do this may result in loan cancellation or demands that work be started over and corrected. Whatever local requirements prevail for permit issuances, the owner will be expected to comply with those requirements. The work being allowed by this program is for health and safety purposes. A 17 building permit is mandatory for all code-related items. A copy of each permit must be forwarded to the Housing Rehabilitation Specialist and the original should be posted on the structure. Building permit fees, where applicable, are reimbursable items; therefore, they should be included in the original Work Schedule. When each code item is completed (such as electrical, plumbing) the Building Permit is signed off by the Building Inspector. A running copy of the card, showing sign-offs as they occur, shall be provided to the Housing Rehabilitation Specialist. 5. Disbursements. Any disbursements made from the owner's loan shall be done in accordance with the work schedule approved by the program. Any obligations incurred which are not in accordance with the work schedule may be denied for payment. Disbursements shall be authorized jointly by the homeowner and a duly authorized representative of the Home Improvement Program. All disbursements must be justified by original receipts that are legible, state the materials purchased or labor provided, and they must be otherwise traceable by the program. Disbursements will be for eligible materials only. For HOME, no funds will be forwarded to the owner. Funds will be granted on a reimbursement basis only. 6. Prohibition Against Cash Refunds. Homeowners are reminded that it is a violation of program policy for cash refunds to be received for materials purchased or labor secured. In cases where materials are to be returned and cash is to be received, all cash must be immediately returned to the owner's escrow account. Labor Summary Record. By allowing work to be done on an owner participation basis, it is expected that certain savings will result to the housing rehabilitation program and to the owner's loan. The method of keeping track of work being done is the "Participant Labor Summary Record." VI. APPLICANT SELECTION AND LOAN CLOSING A. Home Improvement Loan Committee 1. Purpose The function of the Home Improvement Loan Committee will be to review and act on applications recommended by program staff for financing. The Committee shall review applications in terms of: eligibility, compliance with all program requirements, consistency of staff recommendations regarding loan terms and type(s) of assistance to be provided. The Committee will also review the proposed loan package, and, if appropriate, recommend changes in loan terms and type(s) of assistance to be provided. 2. Composition 18 The Committee will consist of one member of the Community Development Commission or person designated by the Commission, one person designated by the Mendocino County Board of Supervisors, and the Executive Director of the Community Development Commission of Mendocino County. 3. Meetings The Home Improvement Loan Committee shall meet periodically to review and act on applications. A quorum shall exist and all minutes shall be recorded. A quorum is a simple majority of the full committee. The Committee members shall be advised at least seven calendar days before the Committee meeting. 4. Action Action of the Home Improvement Loan Committee shall be by majority vote. B. Application Processinq The Housing Rehabilitation Staff shall gather any necessary financial information to determine applicant eligibility and, repayment ability. An application consists of: A form containing financial and household information regarding the property owner. Subject to the exemptions allowed in the "Technical Guide for Determining Income and Allowances for the HOME Program, Third Edition, 2005", all person in residence are considered household members for purposes of income eligibility. 2. A form containing necessary household information when owner occupied are involved. Owner Occupant income will be verified by use of one or more of the following forms. a. Request for Verification of Employment b. Verification of Public Assistance C. Income tax information.(1040s, etc.) d. Benefit letters for sources of public assistance or pensions e. Copies of recent benefit or pay checks Please note: The Part 5 (Section 8) method for income determination will be used, as described in the "Technical Guide for Determining Income and Allowances for the HOME Program, January 2005). A list of income inclusions and exclusions is contained in Attachment B. Credit evaluations and income, employment and mortgage verifications as obtained by staff. A preliminary work write-up and cost estimate of required rehabilitation work as prepared by program staff and approved by applicant. 19 5. Title Report (Full or Limited Coverage) and Appraisal/Estimate of current market and after rehabilitation market values. The after-rehabilitation market value may not exceed the maximum purchase price/after rehabilitation value limit, as published in the most recent HOME NOFA and contained in Attachment A.a At conclusion of rehabilitation, the value of the property must be assessed by one of the following two methods: a. Appraisals - by licensed fee or staff appraisers. The appraiser must document the appraised value and the appraisal approach utilized. b. Tax assessments - for a comparable property located in the same neighborhood. These may be used to establish after-rehab value only if the assessment is current and accurately reflects market value after rehab. Note: Appraisals are the preferred method for determining after-rehabilitation market value. Tax assessments (comparables) may only be used if current and accurately reflects market value. 6. Termite Inspections and clearances shall be obtained if deemed necessary. 7. A contingency (depending on the complexity of the job) may be included in each loan. At the completion of rehabilitation, any unexpended funds will be applied to the loan principal. 8. Owners will receive information regarding rights as prescribed by law and an authorization form for signature which states that the owner understands that he/she may be inconvenienced by the rehabilitation work and that he/she agrees to authorize inspectors and workers to enter his/her living quarters during reasonable hours. C. Application Selection A Loan Committee Report (LCR) will be prepared for all loan applications determined by staff to be eligible for a housing rehabilitation loan. The LCR and the application will.be brought before the Home Improvement Loan Committee for approval. General lending criteria that will be used to assist in evaluating the applications of eligible property owners for financial assistance will include: 20 The ability and willingness of an applicant to repay a loan, as well as all existing liabilities, as evidenced by such criteria as income, credit history, necessary monthly expenses, and stability of income. 2. The economic feasibility of property rehabilitation such that a reasonable expenditure of funds will enable the correction of all major health and/or safety related items, with the rehabilitated property providing adequate collateral for a loan that is secured with a deed of trust. An eligible borrower may be considered for a subsequent loan, provided he/she has no delinquent payments longer than 10 days and otherwise meets program requirements and underwriting criteria. All recommendations for loans shall be developed by the Housing Rehabilitation Specialist and submitted to the Home Improvement Loan Committee. The Housing Rehabilitation Specialist's recommendations shall be submitted in written form and shall propose the terms of the loan, interest rate, special conditions, and whether the loan should be approved or denied. All applications shall be submitted for consideration regardless of whether the recommendation is for approval or denial. Note: The maximum purchase price/after-rehabilitation value for all homes assisted with housing rehabilitation funds is found in Attachment A. D. Loan Approval All Home Improvement Program Loans must be approved by the Home Improvement Loan Committee. In order to obtain financing, applicants must meet all property and income eligibility guidelines in effect at the time of loan approval. Applicants will be provided written notification of approval or denial. Reason for denial will be provided to the applicants in writing. An appropriate funding cut off point established for each review period will determine the number of applications that may be approved for funding at that particular time. Qualified applications not selected for funding during one review period will be automatically reconsidered during subsequent periods. Housing Preservation Revolving loans may be approved by the Community Development Commission Executive Director when the applicant is clearly eligible and when in the opinion of the Executive Director existing housing conditions pose a hazard to the health and safety of the applicant. E. Loan Closinq A Home Improvement Loan Program applicant will have up to two weeks after Loan Committee approval to accept the offered terms and conditions. At the end of this period, the Executive Director may rescind the loan commitment. The Housing Rehabilitation Staff will provide for the execution of all necessary loan documents and their recordation. 21 F. Appeals Objections by any applicant as to policy, procedures, method of operation or decisions by.the Program CDC staff or Home Improvement Loan Committee will be referred to the Executive Director. The Executive Director will schedule a hearing for the applicant and establish hearing procedures. Decisions of the Home Improvement Loan Committee will be based upon its interpretation of the Program Policies and Administrative Procedures. VII. INSURANCE A.Hazard Insurance The borrower shall maintain hazard insurance on the property for the duration of the Home Improvement Loan(s). This insurance must be an amount adequate to cover all encumbrances on the property. The insurer must identify the Community Development Commission of Mendocino County as Loss Payee for the amount of the Home Improvement Loan(s). Proof of insurance shall be provided to the CDC. In the event the borrower fails to make the hazard insurance premium payments in a timely fashion, CDC, at its option, may make such payments. If CDC makes any such payments, CDC may, at its sole discretion, add such payments to the principal amount that the applicant is obligated to repay under this program. B.Flood Insurance In areas designated by the U.S. Department of Housing and Urban Development (HUD) as flood prone, the owner is required to maintain flood insurance in an amount adequate to secure the Home Improvement Loan. This policy must designate the Community Development Commission of Mendocino County as Loss Payee. The policy also must name the City of Ukiah as additional insured. The initial premium may be paid with Home Improvement Loan proceeds for the first year. VIII. GENERAL CONTRACTING PROCEDURES AND REQUIREMENTS A. Contractor Qualifications The Housing Rehabilitation Staff will maintain a list of all interested contractors who will be kept informed of upcoming bid proposals. All interested contractors must submit an application for approval. All contractors and subcontractors must have a current, valid California Contractor's License and shall provide such proof of insurance as may be required by CDC. No contractors and subcontractors shall be on the debarred list. Housing Rehabilitation Staff will document debarment status by printing out debarment certifications and other evidence that contractors are not on the debarment list. 22 To the maximum extent feasible, the program shall make every attempt to utilize local, small and minority contractors. B. Procurement Bidding for rehabilitation work will be done on a competitive basis with contracts being awarded to the lowest responsible and responsive bidder selected by the property owner. The Contract for rehabilitation will be between the property owner and the contractor. The Housing Rehabilitation Staff will assist the homeowner with the rehabilitation contract process including preparing contract documents and assisting in the procurement process. C. Inspections and Payments Where warranted by the size of the job and depending upon the contractor's credit line and number of jobs in progress, progress payments tied to the completion of various stages of rehabilitation work will be authorized. The number of payments to be made will be specified in the construction contract. Authorization of progress payments will require: Inspection of the property by the City Building Inspector to insure that the completed work is in compliance with local building code standards. Inspection of the property by the Housing Rehabilitation staff to insure that the work being billed complies with the Contract Documents and Rehabilitation Standards. If the work is not found to be in substantial compliance, the payment amount will be delayed until compliance has been achieved. 2. Work must be in compliance with all local and uniform building codes, including Building Division 3 of Ukiah City Code, International Building Code, and California Building Code. (Please contact the City of Ukiah Building Department for more information on local codes). Work must also comply with written standards such as City zoning requirements and ordinances. 3. Following an inspection and approval by the Housing Rehabilitation Specialist and written approval by the Community Development Manager and property owner of the contractor's invoice and all work being billed, the payment amount will be calculated according to the contract provisions governing holdbacks. The payment check will be made out to the contractor. Final Payment (10% retention) is processed in the same general manner as progress payments. Upon written final acceptance of the work by the property owner, the Housing Rehabilitation Specialist and the Community Development Manager, a Notice of Completion will be recorded on the property. Final Payment (10% retention) may be released following the receipt of a Release of 23 Lien from the Contractor and waiting period of 31 days from the recordation of the Notice of Completion. D. General Contract Conditions and Specifications The General Conditions and Specifications of the Home Improvement Program shall be included in all contracts for housing rehabilitation. All change orders to the contract specifications require the signature of the owner, the Housing Rehabilitation Specialist, Community Development Manager and Finance Director. When there are disputes between the contractor and property owner over contract specifications, job scope or adequacy of performance, the Community Development Manager and Housing Rehabilitation Specialist will make the final determination of contract requirements; the Community Development Manager will have the authority to release final payment where there is substantial compliance with the contract. IX. TEMPORARY RELOCATION Owner occupants will be informed of their eligibility for temporary relocation if occupancy during rehabilitation constitutes a substantial danger to health and safety of occupant or public danger or is otherwise desirable because of the nature of the project. Relocated owner occupants will receive housing costs, payment for moving and related expenses and appropriate advisory services. For the HOME program, temporary relocation costs will be reimbursed by a grant to the owner occupant. X. COMPLAINT AND APPEAL PROCEDURE Note: The borrower will be required to follow the process outlined below. The borrower will be required to follow this process as a condition of receiving a loan. The process sets forth the steps for resolving home owner-contractor conflicts both during and after the completion of construction. Complaint and Appeal Procedure The Home Improvement Program acts as a lender for and a facilitator of the rehabilitation. The primary responsibility of the Housing Rehabilitation Specialist is to ensure that the rehabilitation process meets the procedural and substantive requirements of State and Federal regulations. The Housing Rehabilitation Specialist is not your agent or employee. You, the homeowner, have the primary responsibility of ensuring that the contractor completes the work in a satisfactory manner according to the specifications of the approved bid and in compliance with applicable building codes. While the CDC is providing funds to make the repair of your home possible, the CDC is not responsible for enforcing your contract with the contractor you select to rehabilitate your home. The 24 Building Inspector is responsible for inspecting the contractor's work for compliance with applicable building codes, but you are responsible for ensuring that work is completed to your satisfaction. This is an important distinction, because it is possible for rehabilitation work to comply with the minimum requirements of the building code but not comply with the terms of your contract or not be satisfactory with respect to your expectations. Instances may arise, however, in which a dispute or difference of opinion cannot be resolved strictly between the homeowner and the contractor. In such instances, the Housing Rehabilitation Specialist will mediate the dispute according to the following procedures. One condition of your loan is that you agree to abide by the following dispute resolution process. This process may be used at any time during or following the completion of construction. Before contacting the Housing Rehabilitation Specialist, you must first communicate your dispute to the contractor and attempt to have the contractor resolve your complaint. It will be helpful if you list your problems with the contractor's work in writing and give the contractor a copy of this list. We advise you to immediately communicate to your contractor any problems you may have with his or her work, as delay may increase the difficulty or expense involved in correcting the problem. STEP ONE: Submit a Written Complaint to the Housing Rehabilitation Specialist If you are unable to reach an acceptable resolution of your problem with the contractor, then you may request that the Housing Rehabilitation Specialist act as a mediator. If your problem involves a question of building code compliance, however, your dispute should be brought to the attention of the building inspector. Complete the Dispute Resolution form within five working days after you have requested the contractor to address your complaint. Your Housing Rehabilitation Specialist will respond in writing to your complaint within five working days after its receipt. The response will indicate the course of action the Housing Rehabilitation Specialist will take, which will include one or more of the following: • direct contact with contractor to correct the problem; • arrangement of a meeting to inspect the problem, with subsequent action to follow; • arrangement of a meeting between the Housing Rehabilitation Specialist, the homeowner, and the contractor to resolve the dispute; • other action, as the Housing Rehab Specialist deems appropriate; or 25 • no action STEP TWO: Contact Community Development Manager: If the written response and subsequent action of the Housing Rehabilitation Specialist are not satisfactory, you may contact the Community Development Manager, who is the CDC staff person in charge of the Home Improvement Program. You must file a written complaint with the CDC indicating what part or parts of your dispute were not, in your opinion, adequately addressed by the Housing Rehabilitation Specialist. This written complaint must be filed within five working days after you receive your written response from the Housing Rehabilitation Specialist. A written response from the Community Development Manager will be returned within five working days after your complaint is received. The response will explain the follow-up action that will be taken. The address at which to file your complaint with the Community Development Manager is: Community Development Manager Community Development Commission of Mendocino County 1076 North State Street Ukiah, CA 95482 STEP THREE: File a Claim with the American Arbitration Association If the written response and subsequent action of the Community Development Manager are not satisfactory, and the dispute may not otherwise be satisfactory resolved, the dispute must be submitted to the American Arbitration Association as provided in the General Conditions of the Contract Documents. XI. DELINQUENCIES, DEFAULTS AND FORECLOSURES A. Policy The Community Development Commission of Mendocino County acknowledges that circumstances beyond a borrower's control may temporarily limit his/her ability to meet loan terms. CDC desires to be flexible enough so that in cases of: death of a family member, loss of job, divorce and major illness loan terms may be modified. While the Community Development Commission of Mendocino County, in this policy, outlines a system that can accommodate crises that restrict borrowers' ability to meet loan terms, it should in no way be misunderstood. Loan terms must be fulfilled. The Community Development Commission of Mendocino County will pursue all legal means to ensure fulfillment of loan terms. B. Procedure 26 Thirty (30) day and sixty (60) day delinquencies. The Community Development Commission of Mendocino County shall send the borrower a letter noting the amount delinquent or performance default. This letter shall be followed by a telephone call reminding the borrower of the loan amount and due date or performance default. 2. Ninety (90) day delinquency. CDC shall send a certified letter noting the amount delinquent or performance default. In this letter, a date and time shall be set for a meeting between the borrower and the Community Development Manager. or designee. At this meeting the following will be discussed: - reasons for delinquency or default - any changes in the borrower's health, family circumstances or financial status that limits their repayment ability - amount in arrears. At conclusion of this meeting, the following will be determined: - how and when the amount in arrears will be paid; - how performance defaults will be remedied; - if a personal emergency (loss of a job, loss of spouse or co-borrower, serious illness) has restricted repayment ability. If because of such an emergency, the borrower cannot fulfill the term(s) of the loan or afford to pay the full monthly installment, the Community Development Manager may exercise one or more of the following options: Extend the time of payment or otherwise alter the terms of any of the indebtedness; Accept additional security therefore of any kind, including trust deeds or mortgages; C. Alter, substitute or release any property securing the indebtedness. Any action taken as a result of this meeting shall be documented and recorded in the required fashion. 3. If the borrower does not appear for the 90-day delinquency meeting, and does not contact the Community Development Division to reschedule the meeting, staff may immediately begin foreclosure proceedings. 4. Any borrower who participates in the process outlined in Item B and then becomes 90 days delinquent within two years of renegotiating their loan 27 terms may be subject to immediate foreclosure. XII. AFTER-REHABILITATION PROPERTY MAINTENANCE A. Policy ALL Home Improvement Loans require the borrower: 1. To protect and preserve said property and to maintain it in good condition and repair; 2. Not to remove, demolish or materially alter any building or any improvement thereon, nor to change or alter either the terms and conditions of any existing lease of the premises, or the present character of use of said property; 3. To complete or restore promptly and in good workmanlike manner any building or improvement that may be constructed, damaged or destroyed thereon and pay when due all costs incurred therefore; and to comply with all of the terms of any loan agreement between Trustor and Beneficiary; 4. Not to commit or permit waste of the property; 5. To comply with all laws, covenants, conditions or restrictions affecting the property; 6. To cultivate, irrigate, fertilize, fumigate, prune and do all other acts that from the character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general. These conditions help assure that the property does not revert to a substandard state. B. Procedure When the Community Development Division becomes aware that rehabilitated property is not being properly maintained it shall: 1. Provide the borrower in writing: a. a list of needed repairs or maintenance items b. a recommendation as to a solution to the deficiencies c. a request that the repairs be performed within 60 days 2. At the end of the 60-day period, Housing Rehabilitation staff shall inspect the property. If the needed repairs have not been performed, staff shall set an appointment with the borrower to discuss why maintenance has not been performed. If the borrower is unable to afford to make the needed 28 repairs and if the repairs represent a new building deficiency not covered by the original rehabilitation, additional funds may be provided. 3. Following the visit and inspection, the borrower will be given 60 days to make the necessary repairs. The borrower will be given written notice at the start of this phase that if repairs are not performed within 60 days the borrower will be considered to be in default. 4. If repairs are not performed within 60 days of the notice outlined in Item 3, the Community Development Commission of Mendocino County may begin foreclosure proceedings. 29 XII. AMENDMENTS Amendments to these Policies and Procedures may be made by the City and will be submitted to the California Department of Housing and Community Development for approval. Where changes in the guidelines would adversely affect program applications already under review, such applications will be evaluated under the guidelines in effect at the time of application. Ref: Nov3a2.5 30 ATTACHMENT A MENDOCINO COUNTY INCOME LIMITS AND SUBISDY LIMITS AND MAXIMUM PURCHASE PRICE/AFTER REHABILITATION VALUE 31 INCOME LIMTS FOR ALL OF MENDOCINO COUNTY -20082010 Effective April 27, 2010 Number of 1 2 3 4 5 6 7 8+ Persons in Household In ome Limit $30,50 $34,450 $38,750 $43,050 $46500 $49,950 $53,400 $56;850 (Yearly) 31,250 35,700 40,200 44,650 48,200 51,800 55,350 58,950 SUBSIDY LIMTS FOR ALL OF MENDOCINO COUNTY - 29032009 Effective April 15, 2009 Number of 0 1 2 3 4 Bedrooms in Household Subsidy Limit $110,872 $427,094 $454,546 $499,932 $219,464 115,767 132,707 161,372 208,761 229,157 MAXIMUM PURCHASE PRICE/AFTER REHABILITATION VALUE MENDOCINO COUNTY - 20032010 Effective April 15, 2010 One-Family Two-Family Three-Family Four-Family Revised $389;500362,790 $498,644 $602,744 $749,064 4/3/2008 32 ATTACHMENT B DETERMINATION OF INCOME: INCOME INCLUSIONS AND INCOME EXCLUSIONS From: Technical Guide for Determining Income and Allowances for the HOME Program, 3rd Edition, January 2005. 33 Exhibit 3.1 - 24 CFR Part 5 Annual Income Inclusions 1. The full amount, before any payroll deductions, of 6. Welfare Assistance. Welfare wages and salaries, overtime pay, commissions, fees, tips and assistance payments made under the bonuses, and other compensation for personal services. Temporary Assistance for Needy Families 2. The net income from the operation of a business or (TANF) program are included in annual profession. Expenditures for business expansion or income: amortization of capital indebtedness shall not be used as • Qualify as assistance under the deductions in determining net income. An allowance for TANF program definition at 45 CFR depreciation of assets used in a business or profession may 260.31; and be deducted, based on straight-line depreciation, as provided • Are otherwise excluded from the in Internal Revenue Service regulations. Any withdrawal of calculation of annual income per 24 CFR cash or assets from the operation of a business or profession 5.609(c). will be included in income, except to the extent the withdrawal If the welfare assistance payment is reimbursement of cash or assets invested in the operation includes an amount specifically designated by the family. for shelter and utilities that is subject to 3. Interest, dividends, and other net income of any adjustment by the welfare assistance kind from real or personal property. Expenditures for agency in accordance with the actual cost amortization of capital indebtedness shall not be used as of shelter and utilities, the amount of deductions in determining net income. An allowance for welfare assistance income to be included depreciation is permitted only as authorized in number 2 as income shall consist of: (above). Any withdrawal of cash or assets from an investment • the amount of the allowance or will be included in income, except to the extent the withdrawal grant exclusive of the amount specifically is reimbursement of cash or assets invested by the family. designated for shelter or utilities; plus Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income • the maximum amount that the derived from all net family assets or a percentage of the value welfare assistance agency could in fact of such assets based on the current passbook savings rate, as allow the family for shelter and utilities. If determined by HUD. the family's welfare assistance is reduced 4. The full amount of periodic amounts received from from the standard of need by applying a Social Security, annuities, insurance policies, retirement funds, percentage, the amount calculated under pensions, disability or death benefits, and other similar types 24 CFR 5.609 shall be the amount of periodic receipts, including a lump-sum amount or resulting from one application of the prospective monthly amounts for the delayed start of a percentage. periodic amount (except for certain exclusions, listed in Exhibit 7. Periodic and determinable 3.2, number 14). allowances, such as alimony and child 5. Payments in lieu of earnings, such as support payments, and regular unemployment and disability compensation, worker's contributions or gifts received from compensation, and severance pay (except for certain organizations or from persons not residing exclusions, as listed in Exhibit 3.2, number 3). in the dwelling. 8. All regular pay, special pay, and allowances of a member of the Armed Forces (except as provided in number 8 of Income Exclusions). 34 1. Income from employment of children (including foster children) under the age of 18 years. 2. Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone). 3. Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains, and settlement for personal or property losses (except as provided in Exhibit 3.1, number 5 of Income Inclusions). 4. Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member. 5. Income of a live-in aide (as defined in 24 CFR 5.403). 6. Certain increases in income of a disabled member of qualified families residing in HOME- assisted housing or receiving HOME tenant-based rental assistance (24 CFR 5.671(a)). 7. The full amount of student financial assistance paid directly to the student or to the educational institution. 8. The special pay to a family member serving in the Armed Forces who is exposed to hostile fire. 9. (a) Amounts received under training programs funded by HUD. (b) Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set side for use under a Plan to Attain Self-Sufficiency (PASS). (c) Amounts received by a participant in other publicly assisted programs that are specifically for, or in reimbursement of, out-of-pocket expenses incurred (special equipment, clothing, transportation, childcare, etc.) and which are made solely to allow participation in a specific program. (d) Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHA's governing board. No resident may receive more than one such stipend during the same period of time. (e) Incremental earnings and benefits resulting to any family member from participation in qualifying state or local employment training programs (including training not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program. 10. Temporary, nonrecurring, or sporadic income (including gifts). 11. Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era. 12. Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household or spouse). 13. Adoption assistance payments in excess of $480 per adopted child. 14. Deferred periodic amounts from supplemental security income and social security benefits that are received in a lump sum amount or in prospective monthly amounts. 15. Amounts received by the family in the form of refunds or rebates under state or local law for property taxes paid on the dwelling unit. 16. Amounts paid by a state agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home. 17. Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. A notice will be published in the Federal Register and distributed to housing owners identifying the benefits that qualify for this exclusion. 36 37 ITEM NO.. MEETING DATE: City of Ukiart AGENDA SUMMARY REPORT 7h October 14, 2010 SUBJECT: AWARD OF BID FOR THE ROOF REPLACEMENT AT THE UKIAH AVIATION BUILDING. The mobile office unit, that serves as the City of Ukiah Municipal Airport's Aviation building has a roof that leaks and needs replacement. Relocated to the Airport site in the 1970's, the building is currently the home for three different businesses. The roof replacement is necessary to provide adequate building conditions expected and necessary for the continued operations in the building. The work will consist of tearing off the existing two layers of edge metal roofing, and replacing it with a 60- mil thick scrim-reinforced thermoplastic polyolefin (TPO) system. The system purchased will be backed by a 20-year material warranty, and assist in reducing energy use and cooling costs. On September 29, 2010, bids were released. They were distributed to all C39 contractors listed on the City's Qualified Bid List, as well as building exchanges. In addition, the bid request was posted on the City's website. Bids were due no later than 1:30 p.m., October 13, 2010 at the office of the Purchasing Supervisor. Four bids were received. Please refer to Attachment #1 for the complete summary of bid results. The bids were structured with both a base bid, and two additive bid items. As per the instructions in the specification, the lowest bid is the bid with the lowest base bid, without consideration of the price for the additive bid item. The lowest responsive, responsible bidder is Legacy Roofing & Waterproofing, who's Base Bid was a lump sum price of $9,911.00, Add Alternate Bid Item #1 was a per square foot price of $2.50, and Add Alternate Bid Item #2 was a lump sum price of $11,386.00. It is staff's recommendation that Council award this project to Legacy Roofing & Waterproofing for the base bid amount of $9,911.00 and Add Alternate Bid Item #1 in the unit price of $2.50 per square foot. Staff does not wish to award Add Alternate Bid Item #2 due to cost. Funds have been budgeted and are available in 600.5001.305.000. Fiscal Impact: X Budgeted FY 10/11 1-1 New Appropriation Not Applicable Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Add'I Appropriation Requested 50,000 Building and Grounds Maintenance 600.5001.305.000 Recommended Action(s): Award the contract to Legacy Roofing & Waterproofing. Alternative Council Option(s): Do not award the contract, and provide further direction to staff. Citizens advised: N/A Requested by: Greg Owen, Airport Manager Prepared by: Mary Horger, Purchasing Supervisor Coordinated with: Jane Chambers, City Manager Attachments: Attachment #1 - Bid Tabulation Approved: -----LL r hambers, City Manager ATTACHWiVT 1 8 O O O O 8 1n N• N N w Q0 O O in N ~ 0 0 v~' q^ ~ 0 Ln Lm 0 O %R a ^ N « d CD N N N Vf N C y 0 h 0 v 0 N u Lf) C ~ Z :E O eel « YA « O tff 4° M N = C O O O N N w O 0 N a £ W £ ~ £ 1011 Ln M C ~ U 0 C4 to L WD m 0 v ry O a 3 o o QJ z 1D .7 , r LA 0 C 0 Q 0 0 1n M Z o1 ° 0 o 0 o 0 a1 O OO rn O , O ti 00 0 c £ 10 n ° £ 'o) £ in a rn o 1 n ti « & i ^ v i . i> w o rn 1r1 v► v► n = co J 1 ` O ` Ol O Q 0 Q X 6 w O i/F i in • j a ~ C co Q_ N ~i ( C V) a Z O 4,4 Z 'p w o O c' Oi' r 0 lA 0 l!1 ~ 0 O 0 O 0 N p 00 N F~ ei .S'r F N N I~ O 00 l0 co a1 00 £ a1 (Y1'; £ £ of! m N M N ca " to t/t {/l c c a a 2 d y` .4 d N 4 l0 LL E a1 w iA « m 1"a rn `v a vO1i , , ,`ii c 5 V) a a a o ~Z O Z z v i w O a n W w 0 p. a w LL LL W W W a x.0 z 3 g L7 = 0 vi m a w Z co o Z a V m °Z Fro F x 10 w= u= m : F- m Q J W w O C7 a z C Q d V O Z m Z _ O w ?r Z F O O D ° v~i Q m m 0 gu *k w F U W Qagy co a a 0 vJi X gccU- ww .C e i LL F j H U 2 C7 E N N m 0 a = a V) _ o } oc o z a w 0 =i be V) t cc z u V) O v-, co CL O cu o Z a ui w o 0) Z QO uO m w o c Q Q 1=- c & a g 3 V C y a w la- z m Q L 9 + a r + + V o d a m + 1n' r1 = L'i m N 0 m m m a d m a m ° ~ 0: ~ - ITEM NO.: 7i MEETING DATE: October 20, 2010 city aj' z-lkiafx AGENDA SUMMARY REPORT SUBJECT: UPDATE REPORT ON LOCAL EMERGENCY DECLARATION REGARDING DROUGHT AND WATER SHORTAGE STATUS Summary: In drought conditions, the City may declare a local emergency under the California Emergency Services Act ("ESA"). In addition, the City Council under the Ukiah City Code may declare a Water Shortage Emergency as a Stage I, II or III emergency. At its meeting of April 15, 2009, the City Council adopted a RESOLUTION DECLARING A LOCAL EMERGENCY UNDER THE STATE EMERGENCY SERVICES ACT AND A STAGE I WATER SHORTAGE EMERGENCY UNDER SECTION 3602 THE UKIAH CITY CODE. (Attachment #1). The resolution contains recitals setting forth the drought conditions and the response to those conditions by the State, Mendocino County, the Sonoma County Water Agency and the State Water Resources Control Board which the resolution seeks to address. Please refer to those recitals for details. Subsequent to adoption of the resolution, City staff has responded further to the water shortage emergency by replying to the Sonoma County Water Agency (SCWA) regarding actions that the City of Ukiah has taken, and will be taking, to address water conservation. Attachment #2 is a copy of that letter. The letter outlined actions that the City is taking, responded to SCWA's request for water use information, and included an outline of the City of Ukiah's water conservation program for 2009. As a result of the drought, the City Council has considered many different aspects of the water shortage issue Under Council's direction, staff has implemented a series of water conservation and education measures. In addition, the City has a full time staff position dedicated to implementing these measures. Water demand has decreased by 20.8% from the 2008 quantities and 19.0% as compared to the 2004 quantities. Staff assumes that this is as a result of our conservation efforts. This will affect our revenues and staff is working on solutions for this issue as we analyze the fee study that is currently being prepared by an outside consulting firm. Developments from the SWRCB On May 28, 2009, the State Water Resources Control Board (SWRCB) issued an amendment to Order WR 2009-0027-DWR, Order WR 2009-0034-EXEC. The amended order conditionally approves Sonoma County Water Agency's (SCWA) petition to reduce the flow in the Russian River from July 6 through October 2, 2009 to 25 cubic feet per second (cfs) for the upper Russian River and 35 cfs for the lower Russian River if during Continued on oaae 2 Recommended Action: 1. City Council receive the status report on water shortage emergency Alternative Council Option(s): N/A Citizens advised: N/A Requested by: Jane Chambers, City Manager Prepared by: Tim Eriksen, Director of Public Works and City Engineer Coordinated with: Tim Eriksen, Director of Public Works and City Engineer Attachments: Attachment 1 - Resolution Attachment 2 - Letter to SCWA Approved: J Chambers, City Manager Subject: Drought and Water Shortage Status Meeting Date: October 20, 2010 Page 2 of 2 the period from April 1 through June 30 total inflow to Lake Mendocino is less than or equal to 25,000 acre- feet. The amended order confirms a water conservation goal for Mendocino County of 50% (compared to 2004) from April 6, 2009 until the expiration of this order (October 2, 2009), "By May 6, 2009, SCWA shall submit a plan to the State Water Resources Control Board to obtain the cooperation and participation of agricultural and municipal Russian River water user to reach a water conservation goal of 25 percent in Sonoma County and 50 percent in Mendocino County for the period of April 6, 2009 until the expiration of this order (October 2, 2009). The amended order modified the original order issued on April 6, 2009. From July 6 through October 2, 2009, minimum in-stream flow shall remain at or above 25 cfs, if Lake Mendocino storage is less than 65,630 acre feet on July 1, 2009 (instead of total inflow to Lake Mendocino less than or equal to 25,000 acre-feet). On October 27, 2009 the County of Mendocino Water Agency discussed the current water storage situation in the Ukiah Valley. The discussion led to the consideration of repealing the County emergency order for all water purveyors to limit water usage by 50%. The Agency was not comfortable with the language in the repealing order as prepared by staff and requested staff to bring the order back for adoption at the next regularly scheduled meeting. On November 3, 2009 the County of Mendocino retracted the 50% conservation requirement. However, the Board of Supervisors recommended that each water district strive to achieve 25% conservation on a voluntary basis. The City of Ukiah in the coming weeks must consider how to address this voluntary request by the County of Mendocino. Updated Staff Actions Staff has continually monitored this issue in response to the City Council concerns about this emergency and the length of time that it has been in effect. On December 16, 2009 City Council repealed the mandatory water rationing, however, Stage I voluntary rationing is still in place. Lake Mendocino storage is now 84,900acre-feet. The state is predicting a dry year so staff recommends the continuation of the voluntary conservation measures. It should be noted that the construction of the pump house at Oak Manor well #8 is near completion. Staff anticipates that this well will be in operation within the next two months. Once the City Electric Department can get power to the facility, the well should be fully operational. Regional Issues The administrative draft of The Water Supply Assessment for the Ukiah Valley Area Plan (UVAP) has been released for comment. This plan was originally drafted a few months ago. The original was flawed with inaccurate data. County staff has done an admiral job at rewriting this document. However, with the recent changes in county staff at the water agency, the status of this study is uncertain. A7TACHMEN RESOLUTION NO. 2009-17 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF U10AH DECLARING A LOCAL EMERGENCY PURSUANT TO THE EMERGENCY SERVICES ACT AND A STAGE I WATER EMERGENCY UNDER SECTION 3602 OF THE UE AH CITY CODE WIREREAS, 1. Lake Mendocino and the Russian River are one current source of water for the City of Uldah and the primary source of water for other domestic and agricultural users of water in Mendocino and Sonoma Counties; and ' 2. Average rainfall through March for the area contributing run-off to Lake Mendocino is 42 inches and the rainfall total through March 2009 is 23 inches; and 3. There have been below average rainfall and reduced storage in Lake Mendocino in 2004, 2007 and 2008; and 4. Average rainfall for April - June is 4.8 inches; and • 5. Even average rainfall for the remainder of the rainy season cannot compensate for the extremely low rainfall this year; and 6. Lake Mendocino held approximately 53,000 acre feet on April 1, 2009, with a Lalce level of 727.63 feet; and 7. The average Lake storage in April is 84,448 acre feet, the Lake storage in April 2007 was 66,617 acre feet and the average Lake storage in October is 55,854 acre feet, more water at the end of the dry summer season than is currently stored in the Lake; and 8. The historically low water storage level in Lake Mendocino this year is part of a statewide water shortage caused by inadequate rainfalI which has prompted Governor Schwarzenegger to declare a statewide emergency under the Emergency Services Act due to these drought conditions; and 9. Mendocino County has declared a local emergency due to drought conditions under the Emergency Services Act; and 10. On April 6, 2009, the State Water Resources Control Board ("SWRCB") has approved an Urgency Change Petition filed by the Sonoma County Water Agency C'SCWA") to reduce in-stream flows in the Russian River to 75 cfs from April 6-June 30, 2009 and to as low as 25 cfs for the period July 1-October 2, 2009, if cumulative total inflow to Lake Mendocino is equal to or less than 25,000 acre feet for the period April 1-June 30,2009; and 11. The order approving tempararychanges to the minimum in-stream flows required by the appropriative rights permits issued to SCWA is subject to several conditions, including a condition requiring the SCWA to submit a plan by May 6, 2009, to the SWRCB to `obtain the cooperation and participation of agricultural and municipal Russian River water users to reach a water conservation goal of 25 percent in Sonoma County and 50 percent in Mendocino County for the period of April 6, 2009 until the expiration of this order (October 2,2009)"; and 12. A local emergency under the California Emergency Services Act (Government Code §8550 et seq.) is defined in Section 8558(c) as the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of the City caused by such conditions as drought which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of individual local governments and which require the combined forces of other political subdivisions to combat; and 13. The historically low rainfall and water storage in Lake Mendocino qualifies as a local emergency under the statutory definition; and 14. In a declared local emergency, local agencies may provide mutual aid as needed pursuant to agreements or resolutions, state agencies may provide mutual aid to local agencies pursuant to agreement or at the direction of the Governor, costs incurred by the City in providing mutual aid pursuant to agreements or resolution constitute a charge against the state, when approved by the Governor in accordance with adopted regulations, and the City Council may promulgate orders and regulations for the duration of the emergency to provide protection for life and property (see Government Code 8631-86-34); and 15. In a declared local emergency, the City Council must review the state of the emergency not less than every 21 days after first declaring the emergency; and 16. Under Uldah City Code Section 3602, the City Council may by resolution declare a water emergency, specify the degree of emergency and place Into effect the appropriate provisions of Division 4, Chapter 1, Article I I of the Ukiah City Code pertaining to a Water Shortage Emergency; and 17. In a Stage I water emergency the Mayor shall issue a proclamation urging citizens to institute such water conservation measures on a voluntary basis as maybe rewired to reduce water demand to coincide with available supply; and 18 The City Council has already authorized the development of a groundwater well on an emergency basis to provide the City with an additional water source this summer that does not rely on the Russian River or water stored in. Lake Mendocino; and 19. Stage II and III water emergencies impose various mandatory conservation measures on City residents, including a prohibition on `nonessential water use" in a Stage H water emergency and a limit on the daily use of water by different classes of water user in a Stage III emergency; and 2 20. The City can declare a Stage R or Stage II emergency, if voluntary measures or less sever mandatory measures does not achieve an adequate xeducdon in the use of Russian River water or in water use generally to meet the available supply; . NOW, THERE, FORE, BE IT RESOLVED that the City Council of the City of Uldah hereby: 1. Declares a local emergency due to drought under the Emergency Service Act. 2. Declares a Stage I Water Storage Emergency under Ukiah City Code Section 3602. 3. Directs the City Manager: a. to identify and encourage the use as a Russian River water user of voluntary measures to reach a water conservation goal of 50 percent for the period of April 6, 2009 to October 2, 2009 {"Conservation Pedod'% and to report back to the City Council at each City Council meeting held during that same time period on the measures identified, the means used to encourage their use, the amount of water use reduction, and the status of the emergency conditions; b. to notify the City Council, if the City Manager determines that a Stage I Water Emergency is not reducing water use to match the available supply and to recommend a Stage II or III emergency, if necessary to achieve that level of water use; c. at City Council meetings during the Conservation Period to recommend temporary rules or orders to supplement or modify mandatory conservation measures in a Stage II or III Water Storage Emergency to reduce water use to the available supply and to achieve the conservation goals in Order WR 2009-0027-DWR issued by the Division of Water Rights of the State Water Resources Control Board; c. to work with other local governments in the County, including the incorporated cities and county water districts, to preserve as much water as possible for use during the dry summer months and for the fall return of Chinook Salmon to the Russian River; and d. to coordinate mutual aid efforts to address the local emergency between and among political subdivisions in Mendocino and Sonoma Counties and state agencies. PASSED AND ADOPTED on April 15, 2009, by the following roll call vote: AYES: Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin NOES: None ABSTAIN: None ABSENT: None Philip E. aldwin, Mayor ,..ATTEST7 Litl„d ro ity Clerk 3 April 28, 2009 Lynn Fiorey Sonoma County Water Agency Principal Program Specialist P.O. Box 11628 Santa Rosa, CA 95406 Dear Ms. Florey; This letter is written in response to your letter dated April 17, 2009. I do not know when your letter was received by the City of Ukiah, but it arrived-at our water treatment plant rather than in my office at City Hall. The letter was just brought to my attention late yesterday. I had been expecting a request to respond to Sonoma County Water Agency for information related to the State Water Resources Control Board's ruling, and, therefore, am making an effort to meet your deadline of today's date. In future, it would be helpful if you could copy and/or address critical dated correspondence about these current drought conditions directly to my office, as that will assist us in making timely replies. Attached, please find the diversion volumes information requested in your letter. You will see that overall annual water use since 2004 has been reduced by 11.4%. Water use in the months of April through October has been reduced-since.2004 by 13%. Diversion volume during the months April through October has also been reduced, for some 25% between 2004 and 2007, and 16% between 2004 and 2008 use. Reduced use over the last few years is a result of the City's commitment to institute conservation measures in both the irrigation and domestic use of water in our community. Attached please find the City of Ukiah's Water Conservation Program which outlines current activities the City is taking to address water conservation. With regard to immediate drought related conditions, here are some technical and rate related factors that the City of Ukiah must deal with as the summer and high irrigation use time approaches: The City's water supply is obtained from a Ranney collector well and Wells 43 and #4, The Ranney and Well #3 draw water from an alluvial zone along the Russian River. The pumping capacity of both the Ranney collector and Well 43 are affected by the amount of flow in the river. If that water is not available during this summer, the only source of water available as of this date will be Well #4, which is percolated groundwater. On February 27, 2009 Governor Arnold Schwarzenegger declared a water shortage. On February 26, 2009, the City received a letter from Victoria A. 12- 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone, 707/463.6200 Fex# 7071463-6204 Web Address: www.cityofuklah.com City staff is actively seeking stimulus funding for a system to deliver recycled water from the City's wastewater treatment plant, At the current time, it is anticipated that the wastewater treatment plant could begin to produce recycled water by August of 2009. A distribution system is under design and plans will be developed within the next few months. Funding for this important resource delivery project will be explored from all possible resources, as the City fully recognizes the value of using recycled water to lower the demand for surface water in our area. Although a recycled water distribution system cannot be in place for this surnnter, the City will pursue developing this resource. With regard to efforts to identify and prevent water waste and unreasonable use: Typical water waster penalties include, in the order implemented: l Educational letter or visit 2, Educational visit and warning 3. Citation 4. Installation of flow restrictor and possible fine 5. Shutoff and reconnection fee The City will identify water wasters through monitoring the water meters and citizen reports. In closing, please review all aspects of the attached conservation measures and water use detail in addressing the four questions of your letter, in addition to the specific issues addressed in the above bullet points. Please call me at 707.. 463- 6213 if you have questions regarding this information. Sincerely, ane A. C 6s City Manager Attachments: 1. City of Ukiah Water Use 2. City of Ukiah Water Conservation Program 2009 City of Ukiah Water Use Annual Water Use MG 2008 1192.968 -11.4% 2008/2004 2007 1219.964 -9.3% 2007/2004 2006 1248.424 -7.2% 2006/2004 2005 1223.542 -9.1% 2005/2004 2004 1345,744 Water Use (MG) 20D4 2007 2008 2009 2007/2004 2008/2004 April 96.743 87.507 87.865 -10% -9% May 145.402 121.506 132,345 -16% -9% June 162.897 149.782 143.469 -8% -12% July 185.876 164.473 158.899 -12% -15`Yo August 179.326 162.859 157.056 -9% -12% Sept, 156.798 134.481 13008 -14% -17% Oct. 109.224 83.777 91.724 -23% -16% Total MG 1036.266 904.385 901.866 -13% -13% ac-ft 3180 2775 2768 Diversion Volume (MG) 2004 2007 2008 2009 2007/2004 2008/2004 April 57,046 27.598 62.754 -52% 10% May 112.803 72.833 111.365 -35% -1% June 129,493 109.976 107.115 -15% -21% July 131.935 105,631 109.09 -2096 -17% August 126,768 104.658 101.593 -17% -20°10 Sept. 117.755 88.134 85,313 -25% -28% Oct. 96,734 72.864 73,465 -25% -24% Total MG 772.534 581.694 645.6195 -25% -16% ac-ft 2371 1785 1982 The City of Ukiah Water Conservation Program 2009 The unpredictability of Its water supplies and ever Increasing demand on California's complex water resources have resulted in a coordinated effort by the California Department of Water Resources (DWR), water utilities, environmental organizations, and other interested groups to develop a list of urban water conservation demand management measures (DMM) for conserving water. This consensus building effort resulted in a Memorandum of Understanding (MOU) Regarding Urban Water Conservation in California, as amended September 16, 1999, among parties, which formalizes an agreement to implement these DMMs and makes a cooperative effort to reduce the consumption of California's water resources. The MOU is administered by the California Urban Water Conservation Council (CUWCC). The DMMs as defined in the MCU are generally recognized as standard definitions of water conservation measures. 1. CUWCC Demand Management Measures Implemented The existing conservation The City of Ukiah has had a water conservation program in place since the late 1970's. During the past five years, the City has expanded Its program and public outreach. The City reduced the amount of water it used by over 9.3% in 2007 and 11.4% in 2008 compared to 2004. Currently, the City's conservation program includes the following DMMs: DMM 1. Water survey programs for single-family residential and muitl-famliy residential connections. The City tests customer meters upon request and instructs customers in how to use their water meter to determine if there is a leak on the demand side of the meter. The City provides toilet leek detection tablets to customers. DMM 3. System water audits, leak detection, and repair. The City performs leak detection and repair on an ongoing basis. The City, also, calculates system water losses annually and reports this information to DWR. i]MM 4. Metering with commodity rates for all new connections and retrofit of existing connections. The City water distribution system is fully metered. The City Is currently replacing old meters In the system. The new meters will provide a more accurate reading of water use within the City. The City recently went through a rate re-structuring that is believed will reduce water uses in the future. DMM 5. Large landscape conservation programs and Incentives. The City's Planning Department reviews all landscape plans proposed for new developments Included in the City's Municipal Code is a requirement for all landscape planting to be "those which grow well in Ukiah's climate without extensive Irrigation." City staff reviews the water use of Its top 5 water users and holds meetings with them on a regbiar basis to discuss landscape conservation programs. DMM 7. Public information programs, The City believes public awareness of water conservation issues is an important factor in ensuring a reliable water supply. The City promotes public awareness of water conservation through occasional bill stuffers, distribution of the Consumer Confidence Report, radio broadcasts, newspaper articles, the City of Ukiah's "Activity and Recreation Guide", distribution of brochures and additional Information at local expositions and fairs, and on the City website advertised to the community on a banner across a City thoroughfare. The City also provides free of charge water conservation yard signs to encourage minimal use of water for lawn intgation. Water conservation information and assistance is routinely provided to the public by the water utility maintenance staff and meter readers while in the field. Field staff receives conservation training to better assist customers and promote conservation. Door hangers are used to remind customers of Ukiah's Voluntary Water Conservation Program measures and to provide notice of problems with outdoor water use. DMM B. School education programs. City staff presents information on water conservation to elementary school children in the classroom. The City offers local schools tours of Its water treatment plant and also provides educational materials. Four science classes on public water supply at the high school are offered once a year. DMM 9. Conservation programs for commercial, industrial, and Institutional accounts. The City has only two Industrial customers: Maverick Industries and Red Tail Ale Brewery. The City surveys the water usage of these Industries. Any new commercial, industrial, or institutional developments will be reviewed by the City Planning Department and must meet all requirements of the Municipal Code. DMM 11. Conservation pricing. In 2005, the City increased and re-structured its water rates to encourage more conservation. The City has simplified its rate structure by eliminating rate codes and classifying customers according to their meter size. The new rate structure Incorporates the American Water Works Association (AWWA) demand capacity guidelines so that price increases across meter size in proportion to the potential demand a customer can place on the water system. : DMM 12. Conservation Coordinator. The City's Conservation Coordinator Is essential to sustaining and improving Ukiah's ongoing water conservation program. The conservation coordinator is responsible for Implementing and monitoring the City's water conservation activities. In practice, the City's water conservation program Includes the efforts of the Conservation Coordinator and all staff. DMM 13. Water waste prohibition. The City has adopted regulations that state in part: "Where negligent or wasteful use of water exists on a customer's premises... the City may discontinue the service..." (City Municipal Code Article 7, Section 3571). The City first sends customers a letter calling their attention to the wasteful practice and asking for correction. If the condition is not corrected within five days after the written notice, service may be discontinued if necessary. DMM 14. Residential ULFT replacement programs. Since October 1992, the safe of toilets using more than 1.6 gallons per flush has been prohibited by State and Federal regulations. These regulations are enforced in the City. 11. Additional Water Conservation Measures In addition to the DMMs, the City has also taken the following actions; t. Installation of five waterless urinals in the Ukiah Civic Center to support and promote the use of waterless urinals In all City facilities and In the public sector. The use of these urinals has received very positive feedback from Facilities staff who would like to Install these in the Ukiah Valley Conference Center. 2. Cooperative water conservation programs have been developed between the City and the Mendocino County Water Agency, the Russian River Public Water Agencies, and the Sonoma County Water Agency. 3. The Ukiah City Council adopted the Ahwahnee Water Principles on April 4, 2007. The Principles contain Ideas for protecting and enhancing water quality, improving water availability, making more efficient use of water, and conserving water as a scarce resource. The Principles suggest a process for improving decision-making as it impacts water-related Issues. The City Council reviewed the Principles and determined the ideas and suggestions promote the Council's stated goals. III. Future Water Conservation Activities The City has recently undertaken a rate and revenue study of its water utility. A tiered Inclining black rate structure and excess use charge are being evaluated to-encourage water conservation. The City has submitted a pre-application to the State Water Resources Control Board State Revolving Fund to construct a recycled water system, The City's Wastewater Treatment Plant Improvement Project is scheduled to be completed by June 2009. After the project is completed, the plant will be capable of producing 2 million gallons per day (MGD) In the summer and up to 7.6 MGD in the winter of Title 22 unrestricted use recycled water. Other immediate and long-term conservation measures include: - ■ installation of waterless urinals and dual flush toilets in all City buildings (immediate) Sign the California Urban Water Conservation Council's Memorandum of Understanding Regarding Urban Water Conservation and implement the 14 best management practices (long term) • Water efficiency standards for new single-family development (longterm) • Water-efficient landscaping (long term) • Water waste ordinance prohibiting; (immediate) i. gutterflootling 2. carwash fundraisers 3. non-recycling decorative water fountains 4. breaks or leaks in the water delivery system • Incentives for Retrofits (longterm) 1, low flow shower heads 2, toilet displacement devices 3, toilet flappers 4, faucet aerators 5. high efficiency washing machines 5, ultra-low flow toilets ITEM NO.: 7i MEETING DATE: October 20, 2010 City c-,/- Ukiah AGENDA SUMMARY REPORT SUBJECT: UPDATE REPORT REGARDING STATUS OF WATER EMERGENCY CONDITIONS NECESSITATING EMERGENCY RESOLUTION TO EXPEDITE CONSTRUCTION OF OAK MANOR DRIVE WATER WELL Background: On March 4, 2009, at a regular meeting of the Ukiah City Council, an emergency resolution was adopted to expedite the construction of a water well at Oak Manor Drive in Oak Manor Park to the east of the tennis courts. Pursuant to Public Contracts Code Section 22050(b)(1), the City Council delegated authority to the City Manager to order action pursuant to subparagraph (a)(1) of that section and directed the City Manager to undertake all steps necessary to have the well constructed without going through a formal competitive bidding process. Pursuant to Public Contracts Code Section 22050(b)(3), adoption of this resolution requires the City Manager to report back to the City Council at its next regular meeting setting forth the reasons justifying why the emergency will not permit a delay resulting from the formal competitive solicitation for bids for the well and why the action is necessary to respond to the emergency. Discussion: The reasons for the emergency were set forth in resolution number 2009-12. These reasons continue to exist: 1) the State of Emergency declared by the Governor of California due to drought conditions, 2) recommendation to municipalities from Victoria Whitney, Deputy Director for Water Rights for the State of California Water Resources Control Board, that drought conditions may necessitate suspension of surface water rights this summer and to secure groundwater sources, 3) the time required to drill, develop, and construct a temporary connection from a new groundwater well into the City's water distribution system is not sufficient to comply with the noticing requirements of the Public Contracts Code formal bidding process. Gobbi Well The date of the bid opening for construction of the Gobbi Street well head and pump house was June 18, 2009. The contractor mobilized their equipment on site on July 13. Substantial completion of this project Continued on Paae 2. Recommended Action(s): Receive the report. Alternative Council Option(s): Reject recommended action(s) and provide staff with alternate direction. Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works /City Engineer Prepared by: Tim Eriksen, Director of Public Works / City Engineer Coordinated with: Jane Chambers, City Manager Attachments: None. Approved: QIL~, ez-,"t - Ja Chambers, City Manager Subject: Update Report Regarding Status of Water Emergency Conditions Necessitating Emergency Resolution to Expedite Construction of Oak Manor Drive Water Well Meeting Date: October 20, 2010 Page 2 of 2 was November 10t". The time required from the bid opening to substantial completion of the Gobbi Street well head and pump house was approximately five months. Oak Manor Well In the December 16, 2009 Agenda Summary Report, Item 7d, a best case schedule was developed assuming the Oak Manor well head and pump house bid in December 2009 and construction started no later than January. With this schedule it was possible the Oak Manor well (Well #8) would have been completed in May 2010. This completion date assumed a shortened bid period and no delays due to weather or other circumstances. Bids were issued on January 8, 2010. The revised schedule includes the January bid date and a 30 day noticing period with bids due February 9t". The lowest, qualifying bid was submitted by Wipf Construction in the amount of $377,000 and was approved by Council on February 17t". Construction began April 26, 2010. The pump house at Oak Manor well #8 is complete. All equipment is in place and DPW staff is waiting on the City's electrical department for power. Staff anticipates that this well will be in operation within the next two months City of ~r .F. ITEM NO.: 7k MEETING DATE: AGENDA SUMMARY REPORT October 20, 2010 SUBJECT: APPROVE BUDGET AMENDMENT AND ASSOCIATED FUND TRANSFERS IN THE AMOUNT OF $37,700 FOR OAK MANOR WELL CONSTRUCTION CONTRACT, SPECIFICATION NO. 09-17 Summary: On February 17, 2010 the City Council awarded the contract for the Oak Manor Well to Wipf Construction for $377,000. The Council approved the amount of the award for the amount of $414,700 based on Policy Resolution 13. Policy Resolution No. 13,, authorizes the responsible Department Head, with approval of the City Manager, to issue change orders not to exceed 10 percent of the original contract sum or $5,000 whichever is greater provided that no change, when added to the original contract sum, exceeds the amount budgeted for the project. However, when staff cut the purchase order in the fiscal year 2009/2010 it was in the amount of $377,000. This is the amount that was encumbered from the previous year. There have been minor change orders that have been reviewed and approved by staff. However, these change orders exceed the original contract amount but are well within the authorized ten percent. Staff is requesting the budget transfer of $37,700. This is the original amount of approval. Payment will be expensed to fund 840.3850.930.002, Water Capital Improvement Fund. Fiscal Impact: F1 Budgeted FY 10/11 ❑ New Appropriation Not Applicable ❑X Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $0 Fund trnsfr from 820 to 840 840.3850.930.002 $37,700 Recommended Action(s): Approve fund transfer of $37,700 and authorize associated budgeted amendment for the Oak Manor Well construction contract, Specification No. 09-17 Alternative Council Option(s): Provide Staff with other direction. Citizens advised: n/a Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Tim Eriksen, Director of Public Works / City Engineer Coordinated with: Jane Chambers, City Manager Attachments: Approved: a,. , tl-:~2 J Chambers, City Manager city cy-f ziki rr ITEM NO.. 10a MEETING DATE: AGENDA SUMMARY REPORT October 20, 2010 SUBJECT: ADOPTION OF MOBILEHOME RENT STABILIZATION ORDINANCE SUMMARY: At its meeting on October 6, 2010, the City Council voted 4-1 to introduce an ordinance regulating the space rents charged by mobilehome parks. The ordinance has been prepared in final form (attached) and is ready for formal adoption. Prior to introducing the ordinance on October 6t", the Council inadvertently skipped the step of having the City Clerk read the ordinance by title only. Prior to formally adopting the ordinance on October 20t", the Council should accomplish this step in the process and direct the City Clerk to read the ordinance by title only. ❑ Budgeted FY 09/10 1-1 New Appropriation F-1 Not Applicable Amount Budgeted Source of Funds (title and Account Number F] Budget Amendment Required Addtl. Appropriation Requested Recommended Action(s): 1) Direct the City Clerk to read the ordinance by title only; and 2) adopt the ordinance. Alternative Council Option(s): Do not adopt the ordinance and provide direction to Staff. Citizens advised: n/a Requested by: City Council Prepared by: David J. Rapport, City Attorney and Charley Stump, Director of Planning and Community Development Coordinated with: Jane Chambers, City Manager Attachments: 1- Ukiah Rent Stabilization Ordinance Approved: Ja hambers, City Manager ATTAG'mENT-r ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING A NEW CHAPTER 8, ENTITLED: . "MOBILEHOME RENT STABILIZATION," TO DIVISION 1 OF THE UKIAH CITY CODE. SECTION ONE. The City Council of the City of Ukiah hereby ordains that a new Chapter 8, entitled "Mobilehome Rent Stabilization" is hereby added to Division 1 of the Ukiah City Code to read as follows. DIVISION 1 BUILDING CHAPTER 8 MOBILEHOME RENT STABILIZATION 2700: FINDINGS AND PURPOSE. (A) The State of California has:recognized, by the adoption of special legislation regulating tenancies of mobilehome owners in mobilehome parks, that there is a significant distinction between homeowners in mobilehome parks and other dwelling units, and the State likewise has recognized that homeowners in mobilehome parks, unlike apartment tenants or residents of other rental stock, are in the unique position of having made a substantial investment in a residence, the space for which is rented or leased as distinguished from owned. The physical removal and relocation of a mobilehome from a rented or leased space within a mobilehome park can be accomplished only at substantial cost and inconvenience with a limited concurrent ability to find another location and, in many instances, the removal requires a separation of the mobilehome unit from appurtenances which have been made permanent, thus creating severe damage and depreciation in value to the mobilehome. Because of the limited availability of vacant spaces in mobilehome parks, the age and condition of some mobilehomes and the cost of moving mobilehomes, it is extremely difficult, if not impossible, to move a mobilehome from one park to another within the City. (B) There is presently within the City and the surrounding areas a shortage of sites for the placement of mobilehomes. (C) According to the Ukiah General Plan Housing Element, mobilehomes presently constitute an important source of housing for persons of extremely low, very low, low, and moderate income levels, who as a group are unable to afford unreasonably large rent increases. (D) A large number of'persons living in mobilehomes are elderly, some of whom live on small fixed incomes. These persons may expend a substantial portion of their income on rent and may not be able to afford other housing within the City. (E) Rents for sites within mobilehome parks in the City have, prior to the adoption of this chapter, increased substantially, with recent increases in one park exceeding by a substantial amount the annual increase in the cost of living. (F) Space rent increases at the time of sale or other transfer of a mobilehome within a park have been shown to be substantially over the pre-transfer rent. Such large rent increases at the time of sale of a mobilehome may unfairly depress the sales price of the mobilehome and work an economic hardship on the mobilehome owner. The annual rent increases and vacancy control provisions of this chapter prevent this economic hardship while protecting the property rights of owners. (G) Because of the space shortage and potential for rapidly rising rents, regulation is necessary to assure that economic hardship to a substantial number of mobilehome owners in the City, many of whom are senior citizens on low fixed incomes, does not occur. (H) It is the purpose of this chapter to establish a speedy and efficient method of reviewing certain requested mobilehome space rent increases in mobilehome parks to protect mobilehome owners from arbitrary, capricious or unreasonable site rent adjustments while insuring owners and/or operators and investors a fair and reasonable return on their investment in their mobilehome park. §2701: DEFINITIONS. For the purpose of this chapter, the following words, terms and phrases shall be defined as follows: (A) "Affected mobilehome owners" means those mobilehome owners whose space is riot covered by a valid lease meeting the requirements of section 798.17(b) of the California Civil Code or otherwise legally exempt from local rent control regulation. (B) "Arbitrator" means a person who is neither a mobilehome owner nor has an interest in a mobilehome park of a nature that would require disqualification under the provisions of the Political Reform Act if the person were a designated City employee, has experience in analysis of financial records, and meets one of the following criteria: 2 (1) Licensed attorney or CPA who is qualified by experience or training to conduct the arbitrations authorized by this chapter. (2) Membership in the American Arbitration Association with expertise in rental dispute arbitration; or (3) Service as a judge in a state or federal court. (C) "Capital improvement" means those improvements which directly and primarily benefit and serve the existing mobilehome owners by materially adding to the value of the park or adapting it to new uses, and which are.required to be amortized over the useful life of the improvements pursuant to the provisions of the Internal Revenue Code. "Capital improvement costs" means all costs reasonably and necessarily related to the planning, engineering and construction of capital improvements and shall include debt service costs, if any, incurred as a direct result of the capital improvement. Capital improvement does not include ordinary maintenance or repairs or Capital replacements. (D) "Capital replacement" means a capital expenditure as defined by the Internal Revenue Code which replaces, upgrades or repairs an existing improvement, such as, but not limited to, an on-site water or electrical distribution or sewage collection system, a street, a parking area, or common facility, such as a laundry, community kitchen or meeting room. If the expenditure qualifies for treatment as a capital expenditure which must be depreciated under the Internal Revenue Code, it is a capital replacement. If it can be fully deducted in one year as a business expense, it does not qualify as a capital replacement. (E) "City" means the City of Ukiah, California. (F) "Clerk" means Clerk of the Ukiah Mobilehome Rent Stabilization Program, who shall be an employee or independent contractor designated by the City Manager as the Clerk and assigned the Clerk's duties as prescribed by this chapter or as needed for the proper implementation of this chapter. (G) "Consumer Price Index" or "CPI" means the Consumer Price Index for all urban consumers in the San Francisco/Oakland/San Jose area published by the United States Bureau of Labor Statistics. (H) "Department" means the Department of Community Development of the City of Ukiah. (1) WRL" means the California Mobilehome Residency Law. (J) "Mobilehome" means (1) a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the Vehicle Code, including a manufactured home, as defined in Section 18007 of the Health and Safety Code, and a mobilehome, as defined in Section 18008 of the Health and Safety Code, but, except as provided in subdivision (2), does not include a recreational vehicle, as defined in Section 799.29 of the Civil Code and Section 18010 of the Health and Safety Code or a commercial coach as defined in Section 18001.8 of the Health and Safety Code. (2) "Mobilehome," for purposes of this chapter, also includes trailers and other recreational vehicles of all types defined in Section 18010 of the Health and Safety Code, other than motor homes, truck campers, and camping trailers, which are. used for human habitation, if the occupancy criteria of either paragraph (i) or (ii), as follows, are met: (i) The trailer or other recreational vehicle occupies a mobilehome site in the park, on November 15, 1992, under a rental agreement with a term of one month or longer, and the trailer or other recreational vehicle occupied a mobilehome site in the park prior to January 1, 1991. (ii) The trailer or other recreational vehicle occupies a mobilehome site in the park for nine or more continuous months commencing on or after November 15, 1992. "Mobilehome" does not include a trailer or other recreational vehicle located in a recreational vehicle park subject to Chapter 2.6 (commencing with Section 799.20) of the Civil Code. (K) "Mobilehome park" or "park" means any area of land within the City of Ukiah where two or more mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation. (L) "Mobilehome space" means the site within a mobilehome park intended, designed or used for the location or accommodation of a mobilehome and any accessory structures or appurtenances attached thereto or used in conjunction therewith. (M) "Mobilehome owner" means a person who is the owner of a mobilehome and legally occupies the mobilehome within a mobilehome park. Unless otherwise indicated, mobilehome owner includes tenants. (N) "Owner" means the owner or operator of a mobilehome park or an agent or representative authorized to act on said owner's or operator's behalf in connection with the maintenance or operation of such park. 4 (O) "Party" as used in this chapter refers to any affected mobilehome owner and/or owner involved in proceedings under this chapter. (P) "Prospective mobilehome owner" means a person who is in the process of negotiating a tenancy in a mobilehome park. (Q) "Rent" means the consideration paid for the use or occupancy of a mobilehome space. (R) "Rent stabilization administration fee" means the fee established from time to time by resolution of the City Council in accordance with the provisions of the chapter. (S) "Rent increase" means any increase in base rent charged by an owner to a mobilehome owner or offered to a prospective mobilehome owner. (T) "Tenant" means the person or persons who have signed a lease of a mobilehome park space as the lessee of the space. 2702: BASE RENT. Except as provided in this chapter, an owner shall not demand, accept or retain rent for a mobilehome space exceeding the base rent which shall be the rent in effect for that space on November 19, 2010. If a previously rented mobilehome space was not rented on November 19, 2010, the base rent shall not exceed the rent in effect during the last month the space was rented prior to November 19, 2010, except as provided in this chapter. Fora mobilehome space first rented after November 19, 2010, the owner shall establish the base rent. For parks annexed into the City after November 19, 2010, the base rent shall be the rent charged on the effective date of a park's annexation into the City. §2703: CONSUMER PRICE INDEX, UTILITIES AND OTHER PASS THROUGHS. (A) Consumer Price Index. An owner, once in any 12-month period, may impose a rent increase for a mobilehome space by 100 percent of the percentage increase, if any, in the Consumer Price Index (CPI) during the most recent 12-month period ending in October; provided, however, the rental increase shall not exceed five percent of the previous rent charged for the space. If an owner has obtained a rent increase under subsection 2704(B), the owner may calculate the rent increase allowed by this subsection based upon the approved comparable rent as allowed in subsection 2704(8) instead of upon the actual rent in effect at the time of the increase. (B) If the change in the CPI exceeds five percent for two consecutive years, the Clerk shall review the maximum rent increase and recommend an ordinance amendment if appropriate. (C) Government Mandated Expense Pass Through. An owner may pass through to affected mobilehome owners any new or increase in government mandated capital expenditures and operating expenses including taxes (other than the two percent annual increase authorized by California Constitution Article XIIIA, section 2(b)) and assessments, fees and mandated expenses due to code changes subject to the following procedure: (1) Upon a petition signed by one adult mobilehome owner for each of 50 percent of the spaces subject to rent control in a mobilehome park or 50 spaces, whichever is less, and filed with the Clerk within 30 days of the date the owner gives notice of a government mandated expense pass through to every affected mobilehome owner, the Arbitrator, in accordance with the meet and confer and arbitration procedures provided in this chapter, may disallow or decrease the proposed pass through based upon substantial evidence in the record that the .pass through is not legally proper, or is excessive, or that during the pass through period the owner is including an unreasonably high financing cost and/or return on the expense being passed through. (D) Utilities. If not billed by the utility directly to the mobilehome owner, an owner may separately pass through to a mobilehome owner charges for all utilities, including, but not limited to, sewer, water, garbage, cable TV., gas and electricity, and any increases in such charges, subject to compliance with Sections 3960-3963. Notwithstanding any provision to the contrary in this section, the owner shall not pass through any charge or expense for gas or electric service to the extent prohibited by section 739.5 of the California Public Utilities Code. (E) Capital Improvement Pass Through. An owner may charge to the affected mobilehome owner as additional rent the pro rata share of new service and capital improvement costs including reasonable financing costs if, prior to initiating the service or incurring the capital improvement cost, the owner has: (1) Consulted with the mobilehome owners prior to initiating construction of the improvements or initiating the new service regarding the nature and purpose of the improvements or services and the estimated cost of the improvements or services; (2) Obtained the prior written consent of at least one adult mobilehome owner in each of a majority of the mobilehome spaces which are occupied by the mobilehome owner to the proposed service or capital improvement. Each space shall have only one vote. 6 (F) Capital Replacement Pass Through. Notwithstanding the provision of subsection E of this section, an owner may charge to the mobilehome owner as additional rent the pro rata share of capital replacement costs including reasonable financing costs, if not otherwise prohibited by law, subject to the following procedure: (1) The owner may seek advance approval for the proposed pass through, before undertaking the capital project, by following the procedures set forth in Sections 2709 to 2711. If the increase is approved by the Arbitrator, it shall not be effective until the next regularly scheduled annual rent increase date, provided that the 90-day notice is issued, the expense is actually incurred and that proper verification is submitted. This verification shall include, at a minimum, proof of actual costs and payment to vendors or contractors. In the event that the actual cost of the capital expense is less than the approved amount, the increase shall be adjusted to reflect this decreased amount; (2) The owner shall give notice of the proposed pass through to each affected mobilehome owner no later than 12 months after completion of the capital replacement work; (3) Upon a petition signed by one adult mobilehome owner of each of 50 percent of the spaces subject to rent control in a park or 50 spaces subject to rent control, whichever is less, and filed with the Clerk within 30 days of the date the owner gives notice of the pass through to every affected mobilehome owner, the Arbitrator, in accordance with the arbitration procedure provided in this chapter, may disallow or decrease the pass through for capital replacements based upon substantial evidence in the record that the capital replacement was not necessary, or that the cost of the capital replacement was excessive, or that during the pass through period, the owner is including an unreasonably high financing cost and/or return on the expense being passed through. The owner shall have the burden of proving the necessity for and reasonable cost of the capital replacements. In determining whether the owner has met its burden of proving the necessity for and reasonable cost of the capital replacement, the Arbitrator may consider, among other factors, the reasonableness of the owner's history of maintenance of the property or improvement to be replaced. The Arbitrator's review will include, but not necessarily be limited to, the records reflecting past maintenance work and the cost. (G) All charges passed through by the owner to the mobilehome owners pursuant to subsection C and D of this section and additional rent charged pursuant to subsections E and F of this section must be separate from the base rent and listed separately. All billings used to calculate a pass through or additional rent to mobilehome owners must be disclosed within a reasonable time upon request by a mobilehome owner. 7 (H) Notice. A written notice of each rent increase or new or increased capital improvement or capital replacement pass through charge made under the provisions of this section shall be filed by the owner with the Clerk, and provided to each affected mobilehome owner, at least 90 days before the rent increase goes into effect or as required by the MRL. The notice shall identify the park and shall specify the dollar amount of the increase, the percentage of the increase, an itemization of all new or increased pass throughs and additional rent charges, the specific space affected, the date the increase will go into effect, how each increase was calculated, and the date the rent on each affected space was last increased. The notice shall also advise each affected mobilehome owner of any right to petition for review of a proposed rent increase and that a petition form may be requested from the Clerk. (1) Whenever a time period is prescribed for filing an application or petition, the application or petition shall be deemed filed when it is first filed with the Clerk, even if the Clerk determines that the application or petition is not complete, provided that the Clerk determines that application or petition is complete, as a result of additional submissions by the applicant or petitioner, within thirty days of the initial filing. §2704: IN-PLACE TRANSFER RENT INCREASES-ESTABLISHMENT OF NEW BASE RENT. (A) Whenever either of the following events occurs, an owner shall be permitted to charge a new base rent for the mobilehome space as provided in this section: (1) The termination of the tenancy of the affected mobilehome owner in accordance with the MRL (California Civil Code sections 798.55 through 798.60, as amended, excepting section 798.59); or (2) The voluntary permanent removal of a mobilehome by a mobilehome owner. A removal of the mobilehome from the space for the purpose of performing rehabilitation or capital improvements to the space or for the purpose of upgrading the mobilehome shall not constitute a voluntary removal of the mobilehome. (B) Upon the sale of a mobilehome in-place, an owner may implement an increase of the base rent for that space in' an amount equal to 10% of the rent for that space then in effect. (C) Except as provided in subsections (A) and (B), an owner may not condition an in-place transfer of a mobilehome or condition assignment of an existing lease to a prospective mobilehome owner, upon agreement to an increased rent in anticipation of the in-place transfer. This subsection shall not apply to specific conditions included in a lease exempt from rent control which 8 allows an owner to condition assignment in a manner prohibited by this section. For purposes of this subsection, "a lease exempt from rent control" means a lease meeting, in all respects, the criteria of Civil Code section 798.17(b), as such criteria are presently enacted or may hereafter be amended. §2705: FAIR RETURN RENT INCREASES. If an owner presents evidence to the Arbitrator, including any financial records requested by the Arbitrator, which proves that the owner is denied a fair return by the rent control provisions of this chapter, the Arbitrator may authorize an increase in rents as deemed. appropriate by the Arbitrator to provide a fair return to the owner. The Arbitrator shall use the method set forth in subsection 2711(C) to determine the fair return. §2706: RENT FREEZE OR RENT ROLLBACK. (A) Upon the petition signed by one adult mobilehome owner of 50 percent of the spaces subject to rent control in a park or 50 spaces subject to rent control, whichever is less, the Arbitrator may prohibit future rent increases for spaces governed by this chapter, upon its determination that maintenance by the owner has been substantially reduced and is insufficient to adequately maintain the park in a habitable condition. The determination shall be based- upon substantial evidence in the record. The prohibition may be continued until the Arbitrator determines that maintenance by the owner has been restored to a reasonable level. (B) Upon petition by one or more affected mobilehome owners, an Arbitrator may prohibit future rent increases, or order a rollback of the existing rent as to those petitioners, upon its determination that after November 19, 2010, an owner instituted a rent increase inconsistent with the criteria established by this chapter. The determination shall be based upon substantial evidence in the record. The prohibition may be continued until the Arbitrator determines that the rent has become consistent with this chapter. §2707: TIME OF ALLOWED RENT INCREASE/ADJUSTMENT. (A) Once within a 12-month period, the owner may implement a CPI rent adjustment (subsection 2703(A)), if any, or a fair return increase (Section 2703), but not both. (B) A capital replacement pass through under subsection 2703(F) may only be implemented on the effective date of the CPI or fair return rent adjustment. (C) The following increases or adjustments may be implemented at any time during the year: 9 (1) Government mandated expense pass through (subsection 2703(C)); (2) Utility pass throughs (subsection 2703(D)); (3) Capital improvements (subsection 2703(E)); (4) In-place transfer rent increases (Section 2704). Any increases subject to arbitration shall be implemented after the final ruling of the Arbitrator. (D) Rent freeze and rent rollbacks shall be implemented at the time they are ordered (Section 2706). §2708: ARBITRATION. (A) Matters Subject to Arbitration. (1) An owner shall file with the Clerk: (a) An.application seeking to increase space rents beyond 100 percent of the CPI to provide a fair return to the owner as allowed by Section 2705. (2) Affected mobilehome owners may file with the Clerk: (a) A petition objecting to a government mandated expense pass through as allowed by subsection 2703(C); (b) A petition objecting to a capital replacement pass through as allowed by subsection 2703(F); (c) A petition for rent freeze as allowed by subsection 2706(A); (d) A petition for rent rollback as allowed by subsection 2706(B). (B) These petitions and applications shall be decided by the Arbitrator. (C) Cost of Arbitration. The cost of arbitration shall be paid by the Clerk out of revenue from the rent stabilization administration fee. The Arbitrator may reimburse the City by assessing the cost of the arbitration to either party if the Arbitrator determines that the position taken by the party is frivolous. §2709: PROCEDURES FOR FAIR RETURN NOTICE AND APPLICATION AND PETITION FORMS. 10 (A) Notice. At least 10 days prior to submission of a fair return application or a petition to the Clerk, the applicant or petitioner shall mail or deliver a notice and a copy of the application or petition to the owner and each affected mobilehome owner in the park. The notice shall be on a form specified by the Clerk. The supporting documents for the application or petition shall be available for review at the park's office and shall be posted on the City's website. One copy of the supporting documents shall be provided by the applicant or petitioner at no cost to the other party. All fair return notices shall include the following information: (1) The amount of the rent increase both in dollars and as a percentage of the existing rent, how it was calculated, an itemization of all pass throughs and additional rent charges, information that explains and supports the level of increase proposed including, at a minimum, a summary of the owner's net operating income for the base year and the preceding 24 months and other relevant information that supports the level of rent increase desired, the effective date of the increase and that copies of the supporting documents shall be provided by the owner at no cost to the mobilehome owners' representative and be available to the mobilehome owners at the park's office for inspection and on the City's website; (2) The name, address and telephone number of the Clerk or designee, a statement to inform the mobilehome owners to contact the Clerk or designee for an explanation of the provisions of this chapter, and that a roster of affected mobilehome owners can be requested from the Clerk; and (3) A copy of the official petition form which is to be used for the process established by this chapter. (B) Application/Petition Forms. The application or petition shall be filed with the Clerk on the form prescribed by the Clerk and must be accompanied by all supporting material necessary to support the request. The application and petition shall contain the following declaration: "I declare under penalty of perjury that the foregoing is true and correct." The application shall be dated and subscribed by the applicant(s) and shall state the place of execution. (1) Within five working days of receipt, the Clerk shall complete a preliminary review of the application or petition. Applications or petitions which are incomplete will not be considered properly filed. (2) No further action shall take place on applications or petitions which are not properly filed, and the Clerk may decline to accept such application and/or return them to the petitioner immediately after the preliminary review with a notice of the defects. 11 (3) When the Clerk determines that the application or petition is complete, the Clerk shall send a written notice of confirmation of receipt of a completed application or petition to the parties. (4) In capital replacement proceedings and in government mandated capital expenditure and operating expense proceedings, affected mobilehome owners shall have 30 calendar days after receipt of the confirmation of the completed application to file with the Clerk a petition objecting to the rent increase signed by one adult tenant in at least 50 percent of the mobilehome spaces subject to rent control. (C) Insufficient Objection-Capital Replacement or Government-Mandated Pass Through Proceeding-Clerk Action. If less than the required number of affected mobilehome owners object to a proposed capital replacement or government-mandated pass through, or if objection is withdrawn, including any amendments, before or after the meet and confer process, the Clerk shall approve the requested pass through. §2710: PROCEDURE FOR MEET AND CONFER. Within 10 working days of the date of the Clerk's notice of a completed application or petition and prior to assignment of an Arbitrator, affected mobilehome owners and owners shall meet and confer with each other's representatives. The time, place and date of the meeting shall be agreed to by the parties or, if the parties cannot agree, determined by the Clerk. Written notice of the scheduled meeting shall be given by the applicant or petitioner. At the meeting, representatives of the parties shall exchange documentary evidence that the parties, in good faith then know, will be used to support their respective positions in an arbitration and discuss the issues in dispute. In the case of an owner, all financial data upon which any proposed increase is claimed shall be supplied.to affected mobilehome owner representatives at the time of the meet and confer meeting. The parties may request that the Clerk provide a mediator, at no cost to the parties, to assist with the meet and confer process. The Arbitrator may deny an application based on the applicant's failure to participate in good faith in the meet and confer process. §2711: PROCEDURES FOR ARBITRATION. (A) The Clerk shall give written notice to the applicant or petitioners and mobilehome owner representative that the application/petition has been referred to arbitration. (1) An Arbitrator shall be appointed in the following manner: (a) The Clerk shall maintain a list of qualified arbitrators. 12 (b) Assignment of Arbitrator and Hearing Date. The Clerk shall choose three possible Arbitrators and present them to the residents' representative and the owner. Within five days each party may challenge one candidate. The one remaining shall be the selected Arbitrator. If both parties challenge the same candidate, the Clerk shall choose between the two remaining candidates. The Clerk shall set a date for the arbitration hearing no sooner than 30 or no later than 40 days after the Arbitrator is assigned. The owner and affected mobilehome owners shall be notified immediately in writing by the Clerk of the date, time and place of the hearing and this notice shall be served either in person or by ordinary mail. The parties may agree, in writing, to extend these times. The Arbitrator may extend the date for the arbitration hearing upon a showing of good cause. (2) The Arbitrator shall conduct a hearing with the parties and/or their representatives. During this hearing process, the concerns of each party shall be discussed and the Arbitrator shall indicate the amount and nature of information needed from any party in order to reach a determination. In fair return proceedings in Section 2705, this shall include four years of the income and expense portion of the general ledgers for the park. All information submitted shall be in writing and shall be certified in the same manner as set forth in subsection 2709(B).The applicant or petitioner shall have the burden of proof unless other sections of this chapter specify otherwise. Each party shall comply with the Arbitrator's request for information within seven days of the request. Additional information provided to the Arbitrator shall be immediately available to the owner or affected mobilehome owner representative which will have seven days to give written comment to the Arbitrator. The Arbitrator may proceed under this part regardless of whether any party defaults in providing any of the requested information. (B) Arbitration Determination. (1) Within 21 days of the hearing, but no later than 90 days from the date of the owner's rent increase notice, the Arbitrator shall deliver his or her decision on the application or petition and a bill for services to the Clerk. (2) The rent increase in a fair return proceeding shall not exceed the increase requested in the application. (3) The Clerk shall provide the result of the Arbitrator's decision to the affected parties. (4) The Arbitrator's decisions are final and not appealable to the City Council. (C) Method to Determine a Fair Return. 13 (1) The base year for the purpose of this section shall be the last full fiscal year prior to the park becoming subject to this chapter. The Arbitrator may establish an alternative base year if the owner is unable to produce records of the last full fiscal year prior to the park becoming subject to rent control. (2) It shall be presumed that the net operating income produced by the property during the base year provided a fair return. An owner shall be entitled to rents to earn a just and reasonable return and to maintain and increase their base year net operating income in accordance with subsection (C)(4) of this section. This method is called maintenance of net operating income (MNOI) and shall be included in all applications. (3) The applicant or the affected mobilehome owners may present evidence to rebut the presumption of fair and reasonable return based upon the base year net operating income. To make such a determination and in order to adjust to the base year net operating income, the Arbitrator must make the following finding: (a) The owner's operating and maintenance expenses in the base year were unusually high or low in comparison to other years. In such instances, adjustments may be made in calculating such expenses so that the base year operating expenses reflect average expenses for the property over a reasonable period of time. In considering whether the base year net operating income yielded more or less than a fair net operating income, the Arbitrator shall consider the following factors: (i) Substantial repairs were made due to damage caused by uninsured disaster or vandalism; (ii) Maintenance and repairs were below accepted standards so as to cause significant deterioration of housing services; (iii) Other expenses were unreasonably high or low notwithstanding prudent business practice; and (iv) The rent in the base year was. disproportionately low due to the fact that it was not established in an arms-length transaction or other peculiar circumstances. (4) Fair Net Operating Income. The Arbitrator shall submit a determination based on rental income which will provide the owner a net operating income which shall be increased by 100 percent of the percentage increase in the CPI over the base year's CPI index. The base year CPI shall be the CPI for the first day of June. For purposes of this section, the current CPI shall be the CPI last reported as of the date of the completed application. 14 (5) Net operating income of a mobilehome park means the gross income of the park less the operating expenses of the park. (6) Gross income means the sum of the following: (a) Gross space rents computed as gross space rental income at 100 percent occupancy (but excluding rent attributed to a space occupied by a park employee who receives the space rent free as part of the employee's compensation); plus (b) Other income generated as a result of the operation of the park, including, but not limited to, fees for services actually rendered; plus (c) All other pass through revenue received from mobilehome owners except capital pass throughs and gas and electric; minus (d) Uncollected space rents due to vacancy and bad debts to the extent that the same are beyond the owner's control. There is a rebuttable presumption that uncollected space rents in excess of the average of the current and past three years uncollected rents (each year's rent shall be adjusted by the change in the CPI between that year and the final year of the four-year period) are excessive and shall not be deducted from gross income. (7) Operating expenses means: (a) Real property taxes and assessment; (b) Advertising costs; (c) Management and administrative expenses including the compensation of administrative personnel; (d) Repair and maintenance expenses for the grounds and common facilities including, but not limited to, landscaping, cleaning and repair of equipment and facilities; (e) In addition to the management expenses listed above, where the owner performs onsite managerial or maintenance services which are uncompensated, the owner may include the reasonable value of such services. Owner-performed labor shall be limited to five percent of gross income unless the Arbitrator finds that such a limitation would be substantially unfair in a given case. No credit for such services shall be authorized unless an owner documents the hours utilized in performing such services and the nature of the services provided; (f) Operating supplies such as janitorial supplies, gardening supplies, stationery and so forth; 15 (g) Insurance premiums related to operation of the park prorated over the life of the policy; (h) Payroll taxes, business, utility, license and permit fees; (i) Dues; Q) Consultant services for park operation and maintenance; (k) All operating expenses must be reasonable and necessary. Whenever a particular expense exceeds the normal industry or other comparable standard, the owner shall bear the burden of proving the reasonableness of the expense. To the extent that an Arbitrator finds any expense to be unreasonable, the Arbitrator shall adjust the expense to reflect the normal industry or other comparable standard; (1) There is a rebuttable presumption that expenditures in the current year are unreasonable to the extent that they substantially exceed the average of the current and past three years (each year's expenses shall be adjusted by the change in the CPI between that year and the final year of the four-year period); (m) Operating expenses shall not include the following: (i) Mortgage debt service expenses; (ii) Land-lease expenses; (iii) Depreciation; (iv) Income taxes; (v) Electric and gas expenses included in Section 739.5 of the California Public Utility Codes; (vi) The cost of government mandated expenses (subsection 2703(C)), capital improvements (subsection 2703(D)), or capital replacements (subsection 6-66.040(F)). (8) Notwithstanding any other provisions of the ordinance codified in this chapter, the Arbitrator is authorized to approve any rent increase that is constitutionally required by law to yield a fair return. (E) Subpoenas. The parties may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at the arbitration hearing. Subpoenas shall be issued and attested by the Clerk. Issuance of the subpoena must be obtained upon the filing with the Clerk of the 16 City of an affidavit or declaration, under oath, setting forth the name and address of the proposed witness; specifying the exact things to be produced and the relevancy to the issues involved; and stating that the witness as the desired things in his/her possession or under his/her control. Service of the subpoena on a witness to attend arbitration must be at least five working days before the hearing. Service of a subpoena duces tecum must be at least 21 days before the hearing. Any party served with a subpoena duces tecum must produce copies of the requested items to the subpoening party no later than 10 days before the hearing. A subpoena need not be issued when the affidavit or declaration is defective in any particular. No arbitration hearing may be continued due to the failure to file a timely request, or to timely serve a subpoena. Any person who refuses, without lawful excuse, to attend the arbitration or to produce relevant evidence as required by a subpoena served upon that person shall be guilty of a misdemeanor. No subpoena shall issue until after the parties have met and conferred as required in Section 2710. (F) Increases for Capital Expense. Increases attributed to a capital expense, as approved by the Arbitrator to provide a park with a fair return, shall not be included in base rent. These increases must be separately itemized on the monthly rent invoice and terminate at the end of the approved amortized period. Advance approval and effective date of the increase shall be as allowed in subsection 2703(F)(1). (G) Rent Increase Effective Date. Rent increases approved by the Arbitrator, as determined necessary to provide an owner with a fair return, shall be allowed upon the effective date given by the applicant in the notice to the affected mobilehome owners, required in section 798.30 of the California Civil Code. §2712: REFUSAL OF MOBILEHOME OWNER TO PAY ILLEGAL RENT. An affected mobilehome owner may refuse to pay any rent in excess of the maximum rent permitted by this chapter. The fact that such unpaid rent is in excess of the maximum rent shall be a defense in any action brought to recover possession of a mobilehome space for nonpayment of rent or to collect the illegal rent. §2713: DISCLOSURES. An owner shall disclose to each prospective tenant the current and proposed base rent for the mobilehome space and the rental agreement options required by this section and Section 2714, provided each prospective tenant with a copy 17 of this chapter, and disclose to the prospective tenant that if the prospective tenant signs a lease with a term of more than one year, that lease will be exempt from rent control. The owner shall give the required disclosure and provide a copy of this chapter to the prospective tenant at the time that the owner, or owner's representative, receives the prospective tenant's application for tenancy. The required disclosures shall be made in a form approved by the Clerk, and the owner shall obtain a signature of the prospective tenant on the disclosure form acknowledging receipt of the disclosures. An owner must retain the signed disclosure form throughout the entire tenancy of the tenant. This signed form shall be made available to the Clerk upon reasonable written notice. §2714: PROSPECTIVE MOBILEHOME OWNER-TENANCY 12 MONTHS OR LESS. All prospective tenants shall be offered the option of a tenancy of 12 months or less upon terms consistent with the provisions of the ordinance codified in this chapter. This section shall not apply to prevent a mutually agreed upon assignment between an owner and an existing mobilehome owner of an existing lease, provided any such assignment does not violate subsection 2704(C). §2715: RENT STABILIZATION ADMINISTRATION FEES. All or any portion of the costs to administer this chapter may be collected by the imposition of an annual rent stabilization administration fee established by resolution of the City Council. The fee shall be chargeable against the total number of mobilehome spaces in the City subject to rent control determined on a date certain each year to be established by the City Council. The owner who pays these fees may pass through to the mobilehome owners, subject to rent control on the date established by the City Council, 50 percent of the fees assessed against a mobilehome space. The fee shall be due on a date established by the City Council but may be paid in quarterly installments by the owners. Owners of parks annexed to the City after November 19, 2010, shall be charged the fee established by resolution beginning on the effective date of the annexation. §2716: AMENDMENT. Any amendment to this chapter shall require a prior public hearing before the City Council with notice thereof published in a newspaper of general circulation in the City at least 10 days prior to the hearing. §2717: VIOLATION. Every person who violates any provision of this chapter is guilty of a misdemeanor. This section shall not apply to the Arbitrator or officers or employees of the City. 18 SECTION TWO 1. COMPLIANCE WITH CEQA. The City Council finds that this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), 15061(b)(3) (there is no possibility the activity in question may have a significant effect on the environment.) 2. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have adopted this Ordinance and any section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. 3. EFFECTIVE DATE. This Ordinance shall be published as required by law in a newspaper of general circulation in the City of Ukiah, and shall become effective thirty (30) days after its adoption. 4. MANDATORY REVIEW. The City Council shall review this ordinance at the next regular City Council meeting occurring after the first anniversary of the Effective Date of this ordinance. The review shall consider whether the ordinance should be amended or repealed based on the City's experience of the implementation of the ordinance over that one year period. Introduced by title only on October 6, 2010, by the following roll call vote: AYES: Landis, Rodin, Thomas, Baldwin NOES: Crane ABSENT: ABSTAIN: Adopted on , 2010, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: Benj Thomas, Mayor ATTEST: JoAnne Currie, City Clerk 19 f ac~~ I U e I OCR. Honorable City council Members There appears to be some confusion with your board as to what the Mobile Home Residents are asking you to do. Let us assure you there is no doubt in our minds that the Ukiah Rent Stabilization ordinance should be passed as we thought you voted on previously. IE; The Santa Rosa example with the C P I % modification. These continuing discussions should end tonight and we are starting to feel that we are being treated in a very condescending manor. We have thoroughly researched our options with Mobile Home Owner organizations and had numerous meetings with all concerned including your august board! Please without further delay, as we have repeatedly requested in person before you, pass this ordinance as discussed and reviewed over the last years., There is nothing to be served by delaying this ordinance for the residents of the mobile home parks. It will only serve to antagonize a goodly portion of the folks involved and work unfairly to the owners advantage by delaying this long accepted type of ordinance. Sincerely, Bob Jones, Manor Oaks resident. Phone 707-467-4837 e-mail: bob-jones7867@sbcglobal.net ITEM NO.: MEETING DATE: city a -,"kiaFt AGENDA SUMMARY REPORT 10b October 20, 2010 SUBJECT: REQUEST APPROVAL FOR THE PURCHASE OF ADDITIONAL MUSCO SPORTS CLUSTER GREEN SYSTEM REPLACEMENT LIGHTING FOR GIORNO FIELD AT ANTON STADIUM FROM MUSCO IN THE AMOUNT OF $10,200 (PLUS TAX AND FREIGHT) AND A CHANGE ORDER FOR INSTALLATION TO FERRANTI CONSTRUCTION IN THE AMOUNT OF $3,826. Background: Previously, Council approved the purchase and installation of a Musco Sports Lighting System for the field lighting at Anton Stadium. This project was identified as part of the City's AB 2021 requirement in meeting our energy efficiency program targets. Anton Stadium field lighting was estimated to be $100,000 for new fixtures with an estimated $150,000 for design and installation. Discussion: Ferranti Construction, Inc was awarded the bid to install the Musco Sports Cluster Green System and site utility infrastructure related to the rebuild of Anton Stadium, specification no. 10-07, with the bid to install the Musco Lighting component at $94,107. The Musco System was purchased directly by the City for a cost of $98,715. Giorno Park is located directly adjacent to Anton Stadium and is an auxiliary field that hosts Girl's Youth Softball, soccer and football activities. Giorno's existing field lighting consists of (4) 1500w light fixtures with aged electrical wiring and fixtures that don't' prevent spill glare on the night sky. Presently, the lights are turned on/off by a combo lock that is attached to the light standard. Given the opportunity to leverage the work with the current construction at Anton Stadium, the Electric Utility Director requested quotes to replace the lighting at Giorno Park and incorporate the fixtures into the new Musco System for Anton Stadium. Replacing the small lighting system at Giorno Field will result in additional energy savings and reduced maintenance cost with the utilization of the new Anton Stadium electrical control infrastructure. Musco presented a quote of $10,200 plus tax and freight for (4) new fixtures using their reflector technology which reduces spill glare on the night sky and will tie into the new control cabinet which also controls Anton Stadium lights. Ferranti Construction, Inc quote to install is $3,826 resulting in a change order to their contract. Continued on Page 2 Recommended Action(s): Approve request for purchase of additional Musco Sports Cluster Green System for Giorno field at Anton Stadium in the amount of $10,200 (plus tax and freight) from Musco and approve a change order in the amount of $3,826 to Ferranti Construction for installation. Alternative Council Option(s): Reject approval Citizens advised: NA Requested by: Mel Grandi, Electric Utility Director Prepared by: Guy Mills, Project and Grant Administrator Coordinated with: Jane Chambers, City Manager, Sage Sangiacomo, Assistant City Manager, and Mary Horger, Purchasing Supervisor Attachments: Attachment # 1 - Musco Lighting, LLC Quote Attachment # 2 - Ferranti Construction, Inc Quote Approved: )~2 _4::~~z J Chambers, City Manager The total cost is $14,026 plus freight and tax, along with the Anton Stadium cost of $192,822 brings the total cost to $206,848, still resulting in a $43,152 savings from budgeted costs. Fiscal Impact: Budgeted FY 10/11 F-1 New Appropriation F-1 Not Applicable F] Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $150,000 Electric Utility-Pub Benefit 806.3765.250.005 N/A $75,000 Anton Stadium Grant 140.6050.930.007 N/A l 1'~G711V1~"iv ~.wrer~e'ra City of Ukiah Ukiah, California Date: September 13, 2010 To: Guy Mills Quotation Price SportsCluster Green"m as described below and delivered to the job site $10,200.00. Poles, sales tax, labor and unloading of the equipment are not Included as part of this quote. Equipment Description SportsCluster Green System delivered to your site • (4) Factory aimed and assembled pole top luminaire assemblies • 1500-watt metal halide fixtures , • UL Listed remote electrical component enclosures • Mounting hardware for the pole top units and electrical component enclosures • Pole length wire harness • Disconnects Also includes: • Energy savings of more than 50% over standard lighting system • 50% less spill and glare light than Musco's prior industry leading technology • 10-Year warranty including ten years parts, two years labor. Lamps are warranted for two years, with the first year including lamps and labor, and the second year lamps only Pricing furnished Is effective for 60 days unless otherwise noted and Is considered confidential. 0 2009, 2010 Musco Sports Lighting, LLC 1 SD-3325-2 Payment Terms Payment of 25% of the contract price is required with order. The contract balance is due net 30 days Late payment will be subject to service charges of 1 1/2% per month (16% APR). Delivery to the job site from the time of order, submittal approval, and confirmation of order details Including voltage and phase, pole locations Is approximately 30-45 days. Due to the built-in custom light control per luminaire, pole locations need to be confirmed prior to production. Changes to pole locations after the product is sent to production could result In additional charges. Notes Quote is based on: • Shipment of entire project together to one location • System will be manufactured to existing voltage and phasing at site • Confirmation of pole locations prior to production Thank you for considering Musco for your sports-lighting needs. Please contact me with any questions. Jasen Deniz Field Sales Representative Musco Sports Lighting, LLC Phone: 530-741-9536 E-mail: jasen.deniz@musco.com Fax: 530-741-9583 0 2009, 2010 Musco Sports Lighting, LLC 2 SD-3325-2 ESTIMATE FERR-ANT CONTRACT CONSTRUCTION, INC. Date Estimate # P.O. Box 259 Redwood Valley, California 95470' 10/11/2010 1117 PHONE: 707 485 0095 LICENSE: 385543 FAX: 707 485 0395 Name /Address City of Ukiah - Anton Stadium Contract Total Re: Lighting for Lower Field 3,826.00 1) Up-grade wire and breaker for panel as per Mused Lighting Specifications. 2) Install (weld) sleeve and brackets for Ballast. 3) Install new lighting complete. Includes lift. , NOTE: City of Ukiah to supply lights with all brackets. Donald R Ferranti CLARIFICATION; Payment is due on completion of job. Estimate good for 15 days. 1. This quotation is subject to escalation or any cost.inereases incurred, if not accepted within 30 days. 2. Ferranti Construction estimate shall become part and parcel of any contractual agreement, whether specifically referenced or not. 3. In the event of litigation; the prevailing party is entitled to reimbursement of legal expenses: 4. Quotaion is based on Normal Working Hours, Mondaythrough Friday. Any alterations or deviation from above specifications involving extra costs will be executed upon. written order, and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control, Owners to carry fire and other necessary . insurance. Our workers are fully covered by Workmen's Compensation Insurance. Contract Acceptance Signature Total $3,826,00 Cit. ~f-z~Ifc~rzF. ITEM NO.: 10c MEETING DATE: AGENDA SUMMARY REPORT October 20, 2010 SUBJECT: CITY OF UKIAH PUBLIC BENEFIT PROGRAM PRESENTATION AND POSSIBLE ACTION ON PROGRAM ENHANCEMENTS AND AUTHORIZE BUDGET AMENDMENT IN THE AMOUNT OF $120,000. (EUD) Background: The City's Electric Utility Department (EUD) manages the Public Benefit Programs which include Energy Conservation, Public Assistance, Renewable Energy and Research Development & Demonstration (RDD) projects. On September 15, 2010, the EUD presented an overview of two Public Benefits programs, Public Assistance and Energy Conservation, to the Ukiah City Council for review and direction. The City Council provided direction to staff to update programs and expand benefits for residential and commercial customer as follows: Public Assistance Program o Increase available funding by $120,000 o Increase the maximum qualifying income guidelines to provide services to more individuals and families. Energy Efficiency - Rebates Program o Expand rebate program to add value to the community. o Publicize the programs • Funding o Insure funds are available to approved recipients. Fiscal Impact: ❑ Budgeted FY 10/11 ❑ New Appropriation F-1 Not Applicable 7XI Budget Amendment Required Amount Bud geted Source of Funds (title and Account Number Addit. Appropriation Requested $150,000 Senior Assist. through Ukiah C.A.R.E.S. 806.3765.250.001 $40,000 $ 61,000 Emergency Assist. through Ukiah C.A.R.E.S. 806.3765.250.002 $40,000 $ 55,000 Monthly Discount Program 806.3765.250.003 $40,000 Recommended Action(s): 1) Approve the recommendations for the City of Ukiah Public Benefits Program for Public Assistance and Energy Conservation programs as described on Attachment 1. 2) Authorize a budget amendment in the amount of $120,000 from the Public Benefits Fund Balance. Alternative Council Option(s): Citizens advised: Requested by: Prepared by: Mel Grandi, Electric Utility Director Coordinated with: Jane Chambers, City Manager, Gordon Elton, Director of Finance Attachments: Council Presentation Approved. J Chambers, City Manager 1 E L L ~ L a w 0 E O L. Q e~ CL 0 E LM L. 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Q v ~ 69 to fA EA 44 to j E o. c w .y -d m d m m m y X 7 K LL LL ~ 1L X LL X U. ~G ~ d d d d d d Z Z Z C C C ~ 2 O O O O O O y to E R E E E E E 0 c . J J J J J J 4 ~ d d d d lU d d R p ,O a o Vol o o O N M O LO M 3 3 m 3 IV- 3 3 3 N U) N rn N N d 3 J J J J J J Q i co co co co co co co w c a a 0 r w c d i0 , G 3 S E W C lt{ fAA W N N N N N W E N to m w m ( o + d J J J J J J V~ L eq r 04 T C4 r C4 % cm T N Q C 1- H FL FL of 'e a0 co co Z E N 3 U L Q) .[2 r lD w 0 U OL Q tB y Q O d L L 0- 0, t G ro o v y to , a`0 0 E c 0 0 U L D ~ C o L v ~o 0 ti o ~i ~o m ~ v +r C ~ 4~ 4 ~ v w~ y •V ~w y ~ ~ L ay O ,C o y CU ~ m v y ~ y U aw 0 0 e U w V G O N 44 C 0) C V O) O 3 O 0) O x) 10 ~~ew► ~vC., i C Energy Efficiency & Solar Programs The City of Ukiah is helping their customers save money and energy by offering rebates to customers that install energy efficient equipment. Rebates are available to help you install the following measures: Energy Star Appliance Rebates ➢ Refrigerators Dishwashers Clothes Washers ➢ Room Air conditioners Note: Must have electric water heater to qualify for dishwasher and clothes washer rebates. Residential Heat Pump and Energy Efficient Air Conditioning Rebates Energy efficient heat pumps and central air conditioners reduce energy use and improve the comfort of your home. Residential Weatherization Adding insulation, high efficiency replacement windows, and window treatments to your home will save energy and make your home more quiet and comfortable. Note: Home must have electric heat or central air conditioning to qualify. Residential Lighting Compact Fluorescent Light bulbs (CFL's) use 75% less energy than a standard light bulb, and last up to 10 times longer. Commercial Lighting Excellent rebates to help commercial customers install new, efficient lighting equipment to save energy and improve the overall quality of the lighting in their facilities. Solar Photovoltaic (PV) Use the sun to generate your own electricity. Electricity generated by your solar PV system directly reduces the amount of energy you need to purchase from your utility. Tax credits are also available to help you with the installation of your PV system. For rebate applications and more information on these and other Energy Efficiency programs: ➢ Stop by the City of Ukiah's Customer Service counter at 300 Seminary Avenue, Monday through Friday, 8:00 a.m. to 5 p.m. ➢ Call our Energy Efficiency hotline at (707) 467-5700. ➢ Visit our website at. www.citvofukiah.com Approved: 10/20/10 City of Ukiah - Electric Utility Public Benfits Program - Renewable and Energy Efficiency Measures & Incentives M@1$UreS Rebate Unit Of Measure Rebate Limitations . Central A/C Central AC 14.5 SEER or higher $35.00 Per Ton n/a Central AC 15.0 SEER or higher $50.00 Per Ton n/a Central AC 16.0 SEER or higher $75.00 Per Ton n/a Central AC 19.0 SEER or higher $200.00 Per Ton n/a Evaporative Cooled Central AC --14.0 EER or higher $350.00 Per Ton n/a Evaporative Cooler: Direct $75.00 1000 SF n/a Evaporative Cooler: High Efficiency Direct/Indirect $100.00 1000 SF n/a Evaporative Cooler: Indirect $50.00 1000 SF n/a AC or Heat Pump Tune-up With Certified Refrigerant Charge $150.00 Per Unit One (1) Rebate per Household Every Three (3) Years Heat Pumps Heat Pump 14.5 SEER, 8.2 HSPF $200.00 Per Ton n/a Heat Pump 14.5 SEER, 8.5 HSPF $250.00 Per Ton n/a Heat Pump 15 SEER, 8.2 HSPF $300.00 Per Ton n/a Ground Source Heat Pump $350.00 Per Ton n/a AC or Heat Pump Tune-up With Certified Refrigerant Charge $150.00 Per Unit One Rebate Or Household Every Three (3) Years Residential Eauinment New Clothes Washer: Electric Water Heating $75.00 Per Unit n/a New Dishwasher: Single-family - Electric Water Heating $60.00 Per Unit n/a New Energy Star Refrigerator $75.00 Per Unit n/a Refrigerator Decommissioning Recycling - Conditioned space (payment to customer/payment to recycler) $50/150 Per Unit n/a Refrigerator Decommissioning & Recycling - Unconditioned space (payment to customer/payment to recycler) $50/150 Per Unit n/a New Energy Star Freezer $50.00 Per Unit n/a Freezer Decommissioning & Recycling - Conditioned space (payment to customer/payment to recycler) $50/150 Per Unit n/a Freezer Decommissioning & Recycling - Unconditioned space (payment to customer/payment to recycler) $50/150 Per Unit n/a New Energy Star Room Air Conditioner $75.00 Per Unit n/a New Variable Speed Pool Pump $125.00 Per Unit ne e a e per Household Every Three (3) Years Solar Photovoltaic Systems Solar PV Systems - SB1 - $1.96 per AC Watt $1,960.00 Per AC kW max: :01,UUU esi en is ; , Commercial Residential Lighting CFL: Screw-In (-15W) $2;50 Per CFL Max: 75% of Cost CFL: Screw-In (16-24W) $2.50 _ Per CFL Max: 75% of Cost CFL Screw-In (-25W) $2.50 Per CFL Max: 75% of Cost LED Holiday Lights (100 bulb string) $10.00 Per String Max: 75% of Cost Residential Weatherization - Homes w/Electric Heat and/or Central A/C Ceiling/Attic Insulation R-0 to R-38 or higher $0.65 Per'Sq/Ft n/a Ceiling/Attic Insulation some insulation to R-38 or higher $0.35 Per Sq/Ft n/a Wall Insulation R-0 to R-13 or fill cavity $0.75 Per Sq/Ft n/a Shade Screen shading coefficient.50 or lower $0.75 Per Sq/Ft n/a Window Film shading coefficient .50 or lower $0.75 Per Sq/Ft n/a Replacement Window U-value.35 or lower, SHGC.40 or lower $1.50 Per Sq/Ft n/a Blower door guided air sealing $50.00 Per House n/a Duct Insulation R-0 to R-8 or higher, duct sealing per Title 24 $250.00 Per House n/a Duct Sealing (only) per Title 24 $150.00 Per House „ n/a Roof radiant barrier $0.35 Per Sq/Ft n/a *Residential Electric Water Heaters New High efficiency electric water heater $100.00 Per Unit n/a Note: Blue text denotes new measures. City csf~7J/C3'~Fi ITEM NO.: 10d MEETING DATE: AGENDA SUMMARY REPORT October 20, 2010 SUBJECT: DISCUSS AND PROVIDE DIRECTION REGARDING THE GOBBI STREET-BABCOCK LANE-OAK MANOR DRIVE REALIGNMENT PROJECT CONFLICT WITH PG&E JOINT POLE Background & Discussion: Granite Construction has been working to complete construction of the subject project. For the duration of the project, Granite has had to organize construction activity around a PG&E joint pole which is located in the new alignment for Babcock Lane. Granite is seeking direction from the City on how to complete the project since the PG&E joint pole has not been relocated. Per the City's written request to PG&E on August 24, 2009 (Attachment 1) the joint pole, as well as an underground gas line, were required to be relocated by May 1, 2010. The City's construction manager has been in continuous contact with PG&E throughout this project. Both City staff and the City's construction manager have contacted the State Public Utilities Commission (PUC) to discuss the situations and get assistance to force PG&E to perform. On August 10, 2010 when the joint pole still had not been relocated by PG&E, the City sent another letter to PG&E requesting that the joint pole be relocated by September 13, 2010. (Attachment 2) On October 14, 2010 PG&E informed the City's construction manager that the joint pole removal would take at "least 2 months". With this schedule, the pole would be moved by December 15, 2010. After PG&E is done placing the new pole and moving their facilities from the existing pole to the new pole AT&T will move their facilities. Under the joint pole agreement, the last utility on the pole is responsible for removing the old pole. The contractor is running out of tasks that they can perform without the pole being removed. They are asking for direction from the City on how to proceed. The City Engineer has preliminarily directed the contractor to pave around the pole and install K-rails or other traffic barricades to protect the pole from traffic. Temporary striping will be required. Lastly, an all-way STOP will be installed temporarily at the intersection. The contractor would then return in the spring and pave and restripe the intersection. The City's construction manager has estimated that it will cost $36,500 to proceed in this manner. Fiscal Impact: Budgeted FY 10/11 F-1 New Appropriation Not Applicable Budget Amendment Required ❑ Amount Budgeted Source of Funds (title and Account Number Additional Appropriation Requested Continue Page 2 Recommended Action(s): Discuss and provide direction regarding the Gobbi Street-Babcock Lane- Oak Manor Drive realignment project conflict with PG&E joint pole Alternative Council Option(s): N/A Citizens advised: None. Requested by: Tim Eriksen, Director of Public Works / City Engineer Prepared by: Rick Seanor, Deputy Director of Public Works - Engineering & Streets Coordinated with: Jane Chambers, City Manager Attachments: 1. August 24, 2009 Letter to PG&E 2. Auaust 10. 2010 Letter to PG&E Approved: J Chambers, City Manager PAGE 2 DISCUSS AND PROVIDE DIRECTION REGARDING THE GOBBI STREET-BABCOCK LANE-OAK MANOR DRIVE REALIGNMENT PROJECT CONFLICT WITH PG&E JOINT POLE OCTOBER 20, 2010 Other alternatives that Staff considered were to direct the contractor to stop all work and winterize the site leaving the intersection closed to traffic until spring. This would require a change order for remobilizing and other efforts. Residents have been very patient with the project construction. However, staff would anticipate that residents would lose their patience in seeing no work at the intersection while not being able to use the intersection. This option would keep the project urgent for PG&E. Engineering staff and the City Attorney have had initial conversation regarding initiating the claim process with PG&E. PG&E should be held accountable for all joint pole protection costs; traffic barriers, warning lights, STOP signs, placement of temporary striping, remobilization costs, restriping costs, repaving costs, and any additional inspections costs. No. I COUNTY ROUTE/ STREET PROJECT # Spec. No. 09-02 Mendocino Gobbi St./Oak Drive/Babcock Lane Manor 2002 STIP Realignment of Gobbi St./Oak Manor Dr./Babcock Ln. Intersection Owner's Plan No. 09-02 Date: August 24, 2009 "On-System" Yes No To: Mr. Ivan Castro Senior New Business Representative Pacific Gas & Electric Company 2641 N. State St. Ukiah, CA 95482-3024 Because of the City of Ukiah's transportation project to realign the intersection of Gobbi Street/Oak Manor Drive/Babcock Lane, in Ukiah, California, which affects your facilities: joint pole as shown on the attached plan sheet D-I and gas line located at the upstream side of the existing bridge as shown on the attached plan sheet D-1. You are hereby ordered to: relocate the existing joint pole and guy pole shown on plan sheet D-1 and the existing gas line located at the upstream side of the existing bridge as shown on the attached plan sheet D-1. Your work schedule shall be: from August 25, 2009 to May 1, 2010. Notify Rick Seanor, Deputy Director of Public Works, telephone (707) 463-6296, 72 hours prior to initial start of work, and an additional 48 hours notification for subsequent starts when the work schedule is interrupted. Liability is 100% Owner pursuant to the facilities being located within City of Ukiah right-off way. enc. cc: file By: Tim Eriksen Director of Public Works / City Engineer THIS NOTICE DOES NOT CONSTITUTE A PERMIT. OBTAIN AN ENCROACHMENT PERMIT BEFORE STARTING WORK. Distribution: 1) Owner,t//2) Utility Coordinator-File, 3) RE-File 4) DLAE File, 5) District Utility Coordinator - File f 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cityofuklah.com ,7- NOTICE TO OWNER atifflawak No. 2 COUNTY ROUTE/ STREET PROJECT # Spec. No. 09-02 Mendocino Gobbi St./Oak Drive/Babcock Lane Manor 2002 STIP Realignment of Gobbi St./Oak Manor Dr./Babcock Ln. Intersection Owner's Plan No. 09-02 Date: August 10, 2010 "On-System" Yes No To: Mark Anderson Pacific Gas & Electric Company 2641 N. State St. Ukiah, CA 95482-3024 This Notice is a follow up to previous notices, meetings, a-mails & phone conversations since last year. Although we have been talking recently about relocate plans and dates, the contractor is now to point with the construction work that we can give you a firm date to have your over-head facilities relocated by. The contractor anticipates working on the new road structural section the week of September 13, 2010 and as you know this joint pole is in the middle of new traffic lanes. You are hereby ordered to relocate the existing joint pole and guy pole shown on plan sheet D-1 by September 13, 2010. Notify Rick Seanor, Deputy Director of Public Works, telephone (707) 463-6296, 72 hours prior to initial start of work, and an additional 48 hours notification for subsequent starts when the work schedule is interrupted. Liability is 100% Owner pursuant to the facilities being located within City of Ukiah right-of-way. cc: file By: ene arris Construction Manager City of Ukiah 300 SEMINARY AVENUE UKIAH, CA 95482-5400 Phone# 707/463-6200 Fax# 707/463-6204 Web Address: www.cityofukish.com ITEM NO.. MEETING DATE: City of 4_1kiaFt_ AGENDA SUMMARY REPORT 10e October 20, 2010 SUBJECT: DISCUSSION ON THE UKIAH MUNICIPAL POOLS RENOVATION PROJECT, CONSIDERATION ON FUNDING THROUGH CITY RESOURCES AND AUTHORIZATION OF CORRESPONDING BUDGET ITEMS Summary: The City has been awarded grant funds for the renovation of the Ukiah Pools facility. In the fall of 2009, the City contracted with Alameida Architecture for design services. At the City Council meeting on July 21, 2010, staff provided information about the construction plans for the renovation. With direction from the City Council, staff pursued a renovation plan that will repair the small lap pool and also make improvements to the pool house building. To date, the City has completed a number of steps toward the renovation process and staff is now asking Council for direction on funding a portion of the project. Background: The Ukiah Municipal Swimming Pools, located at Todd Grove Park, provides the only public access to supervised aquatic activities for the residents and visitors of the greater Ukiah area. Additionally, the pools provide an American Red Cross certified swim lesson program. The primary users of the facility are youth, representing approximately 80% of the total attendance. The facility structures, which have been in operation since 1932, have deteriorated beyond repair and require significant reconstruction. Funding The City was awarded $500,000 from the California State Parks Roberti-Z'berg-Harris Non-Urban Competitive Grant Program for renovation of the Ukiah Municipal Swimming Pools. This award came with a community match requirement of $214,286 bringing the total grant up to $714,286. However, the total construction costs are estimated at $790,000 which leaves approximately $290,000 to be raised. The pool stakeholder committee has participated in the discussions on the pool renovation and also initiated a community fundraising campaign. Recommended Action(s): Authorize budget amendment for $42,308 Park Development Fees collected in fiscal year 2010-2011 to be allocated to the pool renovation project and authorize $148,000 internal loan to the pool renovation project to be repaid by future development fees, donations and grants. Alternative Council Option(s): Remand to staff with direction. Citizens advised: Friends of the Todd Grove Pool Requested by: Prepared by: Katie Merz and Maya Simerson Community Services Department Coordinated with: Jane Chambers, City Manager and Sage Sangiacomo, Assistant City Manager Attachments: 1. Pool Fundraising Flyer 2. Pool Fundraising Brochure 3. Cost Estimate for Pool Renovation Approved: J Chambers, City Manager During the recent months the pool stakeholder committee has been busy building their fundraising campaign. They have re-branded their committee name and are now known as the Friends of Todd Grove Pool. They have held a series of well attended meetings and also lead a successful rummage sale on Saturday September 25th. During this period they have increased the awareness about the pool renovation project by perfecting their marketing materials and increasing their communication with the Ukiah Daily Journal newspaper. Attachment #1 is a fundraising flyer and Attachment #2 is a brochure and pledge sheet. The group has raised approximately $5,500 within a very short timeframe and they have a series of fundraising events planned for the coming months. Staff is working with the Friends of Todd Grove Pool community members and also exploring alternative funding sources. Staff is specifically concerned about fulfilling the funding requirements and timeline of the grant. If community donations and the overall renovation do not progress quickly, the $500,000 grant could be in jeopardy. All construction and payments to contractors must be completed by December 31, 2011. Grant Scope The original grant application described a large renovation with a series of improvements. The scope of the renovation as stated in the grant application included removal and replacement of the restrooms, pool office, concession stand and storage rooms and an additional multi-purpose room, repairs to the small pool, new lifeguard chairs, new bleachers, replacement of both diving boards, deck repairs, removal of abandoned wading pool and an upgraded chlorination and filtration systems. Alameida Architecture and their subcontractor Aquatic Design Group has been contracted to provide design plans, cost estimates and inspections at the facility. Alameda Architecture conducted the investigation process and provided some preliminary cost estimates. Staff reported to Council in. April that the initial findings showed problems with the underground area of the small pool that was not otherwise apparent until these investigations. Following the April meeting Alameda Architecture and Aquatic Design Group, conducted testing by removing core samples from the small pool structure. Upon conducting the analysis of the core samples, the consultants were able to determine that the concrete small pool shell sustained shrinkage. The consultant believe that the pools concrete structure began to shrink and contract shortly after installation but that the interior plaster was present and therefore the changes to the underlying concrete area were not noticeable until the plaster began to fail with age. Furthermore, the testing showed that the earth material under the pool and surrounding the pool has not washed away which implies that the structure and pool shell is still viable. Overall the information has provided the consultants with greater knowledge and a plan for the repairs. Sections of the concrete can be removed and replaced and new plaster can be applied. The repair is not as costly as previously estimated. Staff also worked with the consultants on a review of the cost estimates. Staff divided the line-items to identify elements that could be added in phases. For example, if major repairs are made to the underground piping and deck areas, the external backwash system could be installed at a later time without impacting the renovation. Staff feels that it is important to utilize the existing funds for the most pertinent items and reserve remaining work items when future funding is available. Following direction from City Council in July 2010, staff worked with Alameida Architecture and Aquatic Design Group to prepare a request to change the scope of work from the original grant application and funding award. The revised scope is more in-line with the available funding given the issues discovered during the detailed inspection. Staff was successful in the preparation and submittal of the request to change the scope of work. The State Grant Administrator has authorized the new scope of work which will concentrate the funding toward the repairs at the small pool and the pool house building. Discussion: During recent weeks, staff met with the Council subcommittee on Capital Improvement Projects to discuss the pool renovation. A number of items were discussed in the meeting such as the grant requirements and the construction timeline. Attachment #3 is a cost estimate for the pool renovation. One column represents the repairs as they were described in the original grant application and the second column shows the new construction figures as they were recently approved by the State. This attachment also details potential funding sources for the completion of the project. The total construction costs are estimated at $790,000. The grant award is $500,000 which leaves approximately $290,000 to be raised. Staff is concerned that the remaining funds for the match and the total construction costs will not be available in time to complete construction by the end of 2011. Therefore, staff has been exploring alternatives for funding. Previously Supervisor Wattenberger dedicated monies through the County Per Capita bond funds toward the pool project in the amount of $58,000. To date $24,000 has been expensed from the Wattenberger money and there is a $34,000 available for the remaining construction costs. Each year, the City collects Park Development Fees which are set aside for parks and facilities. This year the City has collected $42,000 in fees that were not previously anticipated or budgeted. Staff is requesting that Council direct those funds toward the pool construction. That figure is included in the cost estimate. The grant requirements specify that there is a community match component equal to 3/7 of the grant award which is $214,285.70 that must come from Nonstate Sources. This match can be assembled through contributions from either the Applicants (City) local resources, or from Private or Nonstate Sources, or a combination of both. However, a match component equal to 1/7 which is $71,428.55, must consist of contributions from Private or Nonstate Sources, other than the Applicant's (City) resources. Therefore the match from community donations or non-City monies must be a minimum of $71,428.55. The cost estimate shows the potential funding sources assembled by grant, donations, per capita, park development fees and an internal loan from the City. Staff is requesting that Council authorize an internal loan of $148,000 to be repaid by community donations, future park development fees and/or future grants. The urgency for this funding decision is so the City can complete the construction by December 31, 2011 and therefore utilize the $500,000 grant award. Construction is anticipated to take four to five months and all construction must be completed by December 2011. Staff previously planned for construction to occur in the fall of 2011. However, after further consideration, staff is recommending that construction commence as soon as possible. If funding is in place the plans and specifications could be ready as early as December 2010 or January 2011 and construction could begin as early as February or March 2011. This would allow a longer window of time for any unanticipated construction delays and ensure that the work is completed to match the grant timeline. Fiscal Impact: FRI Budgeted FY 10/11 Fv] New Appropriation Not Applicable ❑ Budget Amendment Required Budget Amendment Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested Park Dev. Pool Renovation 140.6050.800.008 $42,308* *new park development revenue collected during FY 2010/2011 not previously budgeted Internal Loan Amount Budgeted Source of Funds (title and Account Number Addtl. Appropriation Requested Liability Insurance Fund 920 Park Dev. Pool Renovation 140.6050.800.008 $148,000 Future incoming park development fees will be directed to repay the loan amount. ATTACHMENT Friends of Todd Grove Pool HELP US SAVE THE POOL! A Facility for the Whole Community • The Ukiah Municipal Swimming Pools provide the only public access to supervised aquatic activities for the 45,000 residents of the greater Ukiah area. • The facility provides affordable activities for all ages, from tots to seniors, including aquatic fitness classes, senior programs, open swim, lap swim and swimming lessons. • The pool facility employs more than 25 lifeguards and swim instructors and provides those individuals with valuable aquatic training and work experience. Renovation is needed immediately • The. facility structures, which have been in operation since 1932, have deteriorated beyond repair and require significant reconstruction. • Pool experts have warned that if renovations do not occur the facility will experience mechanical failure and the pools will have to be closed. Construction Plans & Funding • The City of Ukiah Community Services Department has secured a grant from the California Department of Parks and Recreation in the amount of $500,000. • City staff have met with community members and developed a reconstruction plan estimated to cost $780,000, leaving approximately $280,000 to be raised. • Now we need your help! Please support this vital community resource and pledge to SAVE THE POOL! Renovation Highlights Work on the small pool will repair the overall structure and improve circulation; the pool will appear and function like a brand-new pool! The pool house will receive upgrades for ADA access improving the doorways and counter tops and electrical wiring will be improved to meet building code. Shower and toilet facilities will be modified to meet ADA requirements. What will happen to the Small Pool? Construction Timeline • Repair large cracks by removing old March 1,2011: Fundraising Deadli concrete and installing new sections of concrete to the pool floor April 2011: Ukiah Ci Counc' A rove • Epoxy small cracks for water-tight Specifications & Timeline is pending fundi ng • Remove pool decks and replace all May 2011: Awar struction Contract piping to the pool June 2011: will be open for the summer season • Replace the skimmers and inlets w e construction company prepares for work. • Repair wiring and conduit ust 2011: Construction (4-5 months) • Plaster the interior of the pool • Rebuild the pool deck December 2011: Project Completed Community & Fundraising The City of Ukiah Community Services Department was successful is securing the grant award in 2007. In 2007 the City dedicated a Project Manager who started community meetings. Community meetings were held throughout 2008 where local architects, pool professionals, and swimmers inspected the facility and helped to produce a master plan. In 2009 the City requested submittals for a formal architect and hired the architect/pool consultant to produce construction plans. In 2010 the City received construction estimates and made the decision to focus repairs on the Small Pool & Pool House building. Now the focus is on fundraising for the construction! Get involved! Community Services: (707) 463-6231 www.cityofukiah.com Al IMUNIVIGV 1- t v 0 J O~ z W V O 0- LLJ F- V / b-0 C L V fa N C J a t 0 4 VI o 0) V 4-J a, 0 (A 41 0 v (a L 0. o 4- d-+ C N J r, 4-J 0 LL -C 4-J 00 rn %.0 to > v A rn d' z ' L1J W V o N 4 v1 v O ra r- >C d" ~ LL O L O L "O "O "a (n L fa ~w i (a Q L (n 4-- ° ~ N~ ` N C o _ CL0nm L m M o fa . L w o L -fl -0 ra W Q- V o L C1 !7. 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O V 4m- O 'r- V_-, t C O w •a1 c 'O cn - a) 4 C 'p 4" iJ O O O - a) `0 U 5 U W O v a) f > 4-J _ C o a) -0 E ~ a) v) Q C U t X O C - a) a) 3 (O 'L a) -6 0.0 C a. a o• A mmmEw 3 Pool Renovation Cost Estimate 2005 Grant Application 2010 Grant Scope-Change Deck repair 30,000.00 77,000.00 Circulation system replacement 60,000.00 included in s mall pool upgrade cost item PVC liner for the small pool 55,000.00 n/a Comprehensive Small Pool upgrade n/a 269,250.00 Chlorination system 15,000.00 10,000.00 Filtration system 40,000.00 6,000.00 Solar Panel and Photovoltaic Systems 120,000.00 n/a Slide to replace large diving board (remove) 65,000.00 n/a Renovate existing large diving board n/a 5,000.00 Site work; removal of old office and wading pool 10,000.00 n/a Office, restroom, concession & storage rooms 252,936.00 308,000.00 Lifeguard stands at small pool 10,000.00 1,062.50 completed Chairs, benches, tables 6,000.00 4,984.74 completed Subtotal Capital 663,936.00 681,297.24 Other project related costs architecture and engineering 16,850.00 100,000.00 site inspections 2,500.00 3,000.00 material testing and lab 1,000.00 12,000.00 Subtotal Other 20,350.00 115,000.00 Project Grand Total 684,286.00 796,297.24 Fundinq Sources CA Department of Parks and Recreation RZH grant 500,000.00 Community Donations 72,000.00 County per capita: Wattenburger Funds Remaining 34,000.00 City of Ukiah- park dev fee collected FY 2010-2011 42,308.00 City of Ukiah- internal loan 148,000.00 Total all funding sources 796,308.00 Items budgeted with per capita funds These items have been expensed separately to utilize funding that will expire December 2010. Pool Covers and storage reel 25,000.00 16,358.00 City & County per capita- completed Small diving board replacement 5,000.00 11,000.00 County per capita- in progress ADA Lift n/a 10,000.00 County per capita- in progress ikR" l©e Linda Brown From: susan boling <slboling@sbcglobal.net> Sent: Wednesday, October 20, 2010 10:58 AM To: Linda Brown Subject: Council Meeting- Pool Financing Dear Council Members- I would like to ask that you approve the funding for the renovation of the pool at Todd Grove Park. As a member of Friends of Todd Grove Pool, I want to assure you that there is interest in keeping both pools open. We are committed to helping raise money and awareness regarding the value of a full aquatic program. I have spoken to many residents who see the importance of providing a Red Cross lessons program to make sure our children are water safe. The Senior Exercise Program has been there for over thirty years. Our group is growing and there is interest shown each week in helping us raise the community match. Swimming is for all ages, all body types, its inexpensive healthy recreation for our kids and providing swimming lessons should be a priority. Let's invest in the renovation of all facilities at Todd Grove Park now! Its the heart of the City and should be preserved. Thank you for considering my opinion, Susan Boling 430 Oak Park Avenue Ukiah, CA 467-1467 1 ITEM NO.: MEETING DATE: City a,,'k~fi, AGENDA SUMMARY REPORT 11b October 20, 2010 SUBJECT: APPROVE THE PURCHASE OF A SEWERIVACUUM TRUCK TO VAC-CON, INC. IN THE AMOUNT OF $303,349.88. Submitted for the City Council's consideration and action is staff's recommendation to approve the purchase of a 2010 Vac-Con Sewer/Vacuum demonstration unit, Model V350LHA/850 from Vac-Con, Inc. in the amount of $303,349.88. This purchase would replace the existing 1985 Vactor Combination Jet/Vac truck, and is used primarily for sewer line maintenance. This equipment has both pumping and jetting capabilities, and is used to keep all of the main sewer lines free from blockages. It is also used for cleaning of lift stations and catch basins where heavy grit, sediment, sludge and other semi-solid and wet solid removal is needed. This is an essential piece of equipment, necessary in an emergency, for clearing any blockage and for cleaning up the area to help reduce any potential fines with the Regional Water Control Board. The State of California Air Resource Board rules require the City's current Vac-Con truck be retrofitted or replaced with a machine that meets the current emission requirements. The estimated cost for the vehicle to be retrofitted is in excess of $50,000. With a current trade-in value of $2,500.00, and an estimated resale value of only $5,000 to $6,000, it is staff's recommendation to replace the truck. Staff has evaluated several different machines and tested them in the field. The Vac-Con Green design has been determined to be the best choice. The Vac-Con Green design can provide up to a 40% fuel savings from standard truck design. The Green design employs a two-engine concept while allowing the auxiliary engine to provide power and performance for up to 80% of operation. The advantages of this are: 1. Efficiency and environmentally friendly. The more costly truck engine is in the off position, reducing pollution and fuel cost. The carbon footprint is reduced, meeting City goals of improving air. quality. 2. Operational noise pollution from the engine is dramatically reduced. This will greatly help in creating less of a disturbance to residences during night call-outs. The operator station will also have a significantly reduced impact from the heat and noise generally experienced from the traditional design. . 3. Increased longevity and reduced maintenance costs. The dual engine design provides greater horsepower reserve which allows engines to run at a lower RPM. 4. Safety. The truck chassis is always in neutral, which is best while the operator is working in front of the machine. This purchase will be through the HGACBuy Contract. HGACBuy, based out of Houston, Texas, is a competitively bid, cooperative purchasing program, which enables public entities access to volume purchasing and discounts, as well as making available an expedited procurement process. The use of this program was approved by Council on December 5, 2007. Please see Attachment A for the Contract Pricing Worksheet. Because this is a demonstration unit, there is a special discount fee. The unit will also be supplied with the same warranty as a new unit. Recommended Action(s): Approve the purchase of the Vac-Con Sewer/Vacuum demonstration unit, Model V350LHA/850 from Vac-Con, Inc. in the amount of $303,349.88. Alternative Council Option(s): Do not approve the purchase, and provide alternate direction to staff. Citizens advised: N/A Requested by: Tim Eriksen, Director of Public Works and City Engineer Prepared by: Mary Horger, Purchasing Supervisor Coordinated with: Dan Hunt, Water/Sewer Supervisor and Jane Chambers, City Manager Attachments: Attachment A - HGACBuy Contract Pricing Worksheet Approved: ~51~- Chambers, City Manager It is staff's recommendation that Council approve the purchase of the Vac-Con SewerNacuum Truck demonstration unit, Model V350LHA/850 from Vac-Con, Inc. in the amount of $303,349.88. Funds for this purchase are available from the fund balance of the Equipment Replacement Fund 698.275.612 Fiscal Impact: ❑ Budgeted FY 10/11 ❑X New Appropriation ❑ Not Applicable ❑ Budget Amendment Required Amount Budgeted Source of Funds (title and Account Number Addit. Appropriation Requested $0 Equipment Replacement 698.3510.800.000 $303,349.88 From available fund balance Of $672,101.34 ma I ATTACH , .L/ C~4WVTRACT PRICING WORKSHEET ~1 For Standard E ui ment Purchases Contract :SCOT-10 No.: Date j/30/2010 - R2 Pre pared: This Worksheet is prepared by Contractor and given to End User. If a PO is issued, all documents MUST be faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. ANY CHANGES TO HGAC OFFER MUST BE MADE BY VAC-CON. Please make Purchase Order out to Vac-Con, Inc. 966 Hall Park Dr., Green Cove Springs, FL 32043 Buying City of Ukiah, 1320 Airport Rd., Ukiah, CA 95482 -Agency: Contractor: : VAC-CON, INC. Contact ;Dan Hunt Persona Prepared :JAN CHAPMAN By: i Phone: Phone: :904-529-1315 Fax: ' :707-467-2840 Fax: :904-284-4200 Email: idhunt@cityofukiah.com Email: :'anc vac-con.com Product A002 Descripti°n: :DUAL ENGINE FAN COMBINATION UNIT 9 CU YD - Final Model = V350LHA/850 Code: i A. Product Item Base Unit Price Per Contractor's H-GAC Contract: $ 128,766.00 B. Published Options - Itemize below - Attach additional sheet if necessary- Include Option Code in description if applicable Descriptioni Cost Subtotal Options & Accessories - see attached sheets B1::: $ 81,138.00 Subtotal Chassis (Not Available to Customers in the State of TX) see attached sheets B2:: $ 69,100.00 Subtotal From Additional Sheet(s): 11Subtotal B: $ 150,238.00 C. Unpublished Options - Itemize below - Attach additional sheet if necessary Description Cost Description Cost Remote start for chassis engine at fit ops station $ 2,500.00 Hydraulics off aux engine € $ 3,667.00 ENZ nozzle package : $ 10,000.00 2011 Model year chassis $ - Subtotal From Additional Sheet(s): 11Subtotal C:: $ 16,167.00 For this transaction the percentage is: D. Total Cost before any other a Charges, Trade-Ins, Allowances, Discounts, Etc. (A+B+C) Quantity Ordered: X Subtotal of A + B + C: 1 1 $ 295,171.00 = 11Subtotal D:: $ 295,171.00 E. Trade-Ins / Special Discounts / Other Allowances / Freight / Installation / Miscellaneous Charges Description Cost Description Cost Delivery : $ 6,050.00 Vac-Con Demo is being famished with As New Warranty Special Demo Discount : $ (22,721.00) HGAC ADMIN FEE $ 1,000.00 Quotation includes on-site training CA Tire Disposal Fee $1.75/tire $ 10.50 Due to CA emission requirements, special permits may CA Sales Tax 8.75% x $272,450.00 $ 23,839.38 be required on diesel engines. Vac-Con, nor MME can provide these permits and we recommend you contact Price includes Processing of DMV Paperwork. your local Air Resources Management District for specific requirements. Subtotal E:: $ 8,178.88 Delivery Date:: 45-60 days ARO F. Total Purchase Price (D+E): 11 $ 303,349.88 pIr ITEM NO.: 11a MEETING DATE: AGENDA SUMMARY REPORT October 20, 2010 SUBJECT: REPORT REGARDING NEW BUILDING AND FIRE CODES EFFECTIVE ON JANUARY 1, 2011 DISCUSSION: Earlier this year, the California Building Standards Commission adopted and approved the new 2010 California Building Standards Code, California Code of Regulations, Title 24. The new Codes, including building, fire, electrical, mechanical, and plumbing will become mandatory on January 1, 2011. This agenda item is intended to provide a report to the City Council about the new building and fire codes, what Staff has been doing to alert the building industry, and to inform the Council that Staff will be returning in November to recommend the introduction and adoption of an ordinance locally establishing the new mandatory codes. SUMMARY: The following provides a summary of the new California Residential Code, Green Building Code, and the California Building Code (Attachment 1 provides a more detailed list of new code requirements). The California Residential Code: The California Residential Code was added to this code adoption cycle and applies to 1 and 2 family dwellings up to 3 stories in height. This code is intended to provide designers with a consolidated code that contains all regulatory provisions for most residential projects. 1. Residential fire sprinkler systems will be required in all new single family, new duplex and new town homes. Additions to existing 1 and 2 family dwellings that do not currently have a fire sprinkler system will not be required to install sprinkler systems. Residential sprinklers are not required in detached garages and carports that do not have occupied space above. 2. Exterior wall fire separation distances will change depending on whether the residential dwelling has fire sprinklers. 3. Vertical Egress requirement added to stories above or below grade; egress stairways shall be within 50' of any habitable point on the floor. (continued on next page) Fiscal Impact: Budgeted FY 09/10 F-1 New Appropriation Not Applicable Budget Amendment Required H Recommended Action(s): Receive Report Alternative Council Option(s): N/A Citizens advised: Interested persons, groups and organizations Requested by: David Willoughby, Building Official Prepared by: Charley Stump, Director of Planning and Community Development and David Willoughby, Building Official Coordinated with: Jane Chambers, City Manager and Chris Dewey, Director of Public Safety Attachments: 1)New Buildina Codes Announcement Approved: a'~ ..cam n Chambers, City Manager The California Green Building Standards Code has increased requirements. The minimum mandatory standards have become more robust than the 2008 standards and Tier 1 and Tier 2 voluntary standards were added. Types of buildings subject to the CALGreen Code include the construction of new Residential buildings 3 stories and less, Nonresidential buildings include retail, office and medical service buildings. For Residential Projects: 1. A storm water drainage and retention plan is required for all new projects. Developers can utilize retention basins of sufficient size or water filtering barrier systems, wattles or other approved methods. 2. A schedule of plumbing fixtures and fittings that will reduce the overall use of potable water within the building by at least 20 percent shall be provided. 3. Construction waste reduction of at least 50 percent - recycles and or salvage for reuse shall be achieved. 4. A construction waste management plan shall be submitted for approval. 5. Lower VOC limits for paints and adhesives. 6. Bathroom exhaust fans shall be ENERGY STAR compliant and controlled by an accessible humidistat. For Nonresidential Projects: 7. For all newly constructed projects no matter what size, a Storm Water Pollution Prevention Plan (SWPPP) will be required. 8. Light pollution reduction is required for exterior lighting. 9. Construction waste reduction of at least 50 percent - recycles and or salvage for reuse shall be achieved. 10. A construction waste management plan shall be submitted for approval. 11. Lower VOC limits for paints and adhesives. The California Building Code: 1. Chapter 7A was completely revised in order to clarify the Wildland Urban Interface requirements. Some new regulations were added. The 2010 California Fire Code: The City of Ukiah Fire Department has begun the process of adopting the updated 2010 California Fire Code, and amending the City of Ukiah's current Fire Prevention Code Sections, to include the changes of the 2010 California Fire Code and other considerations to increase safety. In an effort to provide more consistency in the application of the Fire Codes within the greater Ukiah Valley, the Ukiah Valley Fire District and the Hopland Fire District will be joining with the City of Ukiah Fire Department in the fire code adoption process. This effort is intended to result in a common Fire Code and provide for easier understanding and application by the building community in these adjoining jurisdictions. A new proposed City of Ukiah Ordinance, reflecting changes within the 2010 California Fire Code, and amendments to the code will be presented to the City Council in early November for review. Changes under consideration include: 1. Repealing UCC Section 5215, Definitions - (Now addressed within the 2010 California Fire Code). 2. Amending UCC Section 5216, Fire Sprinkler Systems - (Amending fire flow requirements for new construction, decreasing the square footage requirement from 4,800 sq feet to 3,600 sq feet for mandatory fire sprinklers, to reflect the actual capabilities of our existing resources to effectively provide gallons per minute fire flow for larger structures.) 3. Amending UCC Section 5218, Emergency Electrical Disconnects - (Change of code sections to reflect changes to the California Fire Code). 4. Repealing UCC Section 5223, Existing Flammable Storage Locations - (Now addressed within the 2010 California Fire Code). 5. Additional Sections being considered for adoption: a. Map Directories - Lighted directory maps shall be installed at the driveway entrance of new multiple unit residential projects and mobile home parks, where numbers in such projects exceed 15 units, to assist in quick ability to locate addresses in emergencies. b. Response Map Updates - New Developments shall provide map updates in the form of PDF and CAD formats to assist jurisdictions in keeping mapping information up to date and available for emergency responders. c. Exterior Fire Hazard Control - (Weed, Dead Trees and Rubbish Abatement) - Procedures and requirements to assist the City of Ukiah in the abatement of weeds, dead trees and rubbish which constitutes a fire hazard. d. Solar PhotoVoltaic Installation Guidelines - Guidelines for the installation of photovoltaic systems to increase public safety fire fighter access in the event of fires, prepared by the California State Fire Marshal. PUBLIC OUTREACH: In August, Staff began reaching out to local architects, engineers, contractors, real estate professionals, and other interested people, businesses and organizations to inform them of the new code. In addition, information has been posted on the front page of the City's website (Public Notices). STAFF EDUCATION: The City Building Official and Development Permit Coordinator have both taken mandatory education training on the new Codes. A,TAOMENT I C~ k a Department of Planning and Community Development Building Inspection Division Important Announcement. The New Building Codes Are Coming January 1, 2011 Earlier this year, the California Building Standards Commission adopted and approved the new 2010 California Building Standards Code, California Code of Regulations, Title 24. The new Building Code will become mandatory on January 1, 2011. The California Residential Code was added to this code adoption cycle and applies to 1 and 2 family dwellings up to 3 stories in height. This code is intended to provide designers with a consolidated code that contains all regulatory provisions for most residential projects. 1. Residential fire sprinkler systems will be required in all new single family, new duplex and new town homes. Additions to existing 1 and 2 family dwellings that do not currently have a fire sprinkler system will not be required to be sprinklered. Residential sprinklers are not required in detached garages and carports that do not have occupied space above. 2. Exterior wall fire separation distances will change depending on whether the residential dwelling has fire sprinklers. 3. Vertical Egress requirement added to stories above or below grade; egress stairways shall be within 50' of any habitable point on the floor. 4. Guard heights remain at 42". NEXT PAGE The California Green Building Standards*Code has increased requirements. The minimum mandatory standards have become more robust than the 2008 standards and Tier 1 and Tier 2 voluntary standards were added. Types of buildings subject to the CALGreen Code include the construction of new Residential buildings 3 stories and less, Nonresidential buildings include retail, office and medical service buildings. For Residential Projects: 5. A storm water drainage and retention plan is required for all new projects which can utilize retention basins of sufficient size or water filtering barrier systems, wattles or other approved methods. 6. A schedule of plumbing fixtures and fittings that will reduce the overall use of potable water within the building by at least 20 percent shall be provided. 7. Construction waste reduction of at least 50 percent - recycles and or salvage for reuse shall be achieved. 8. A construction waste management plan shall be submitted for approval. 9. Any gas fireplace shall be a direct-vent sealed-combustion type. Any woodstove or pellet stove shall comply with the U.S. EPA Phase 11 emission limits and local ordinances. 10. All ducts and other related air distribution components openings shall be covered to reduce dust or debris which may collect in the system during construction. 11. Lower VOC limits for paints and adhesives. 12. Bathroom exhaust fans shall be ENERGY STAR compliant and controlled by an accessible humidistat. For Nonresidential Projects: 13. For all newly constructed projects no matter what size, a Storm Water Pollution Prevention Plan (SWPPP) will be required. 14. Light pollution reduction is required for exterior lighting. 15. Buildings in excess of 50,000 square feet shall have submeters installed for individual tenant spaces and for laundry, etc when consume more than 100 gal/day. 16. A schedule of plumbing fixtures and fittings that will reduce the overall use of potable water within the building by at least 20 percent shall be provided. 17. Separate water meters for landscaping when greater than 1,000 square feet. 18. Construction waste reduction of at least 50 percent - recycles and or salvage for reuse shall be achieved. 19. A construction waste management plan shall be submitted for approval. 20. Provide readily accessible areas that serve the entire building and are identified for the depositing, storage and collection of material for recycling. 21. For new buildings 10,000 square feet and over, building commissioning shall be included in the design and construction of the building. This includes energy system descriptions, designs, and goals of operations, testing, reports, system training and maintenance procedures. This document shall be given to the owner at the completion of the project. 22. All ducts and other related air distribution components openings shall be covered to reduce dust or debris which may collect in the system during construction. 23. Lower VOC limits for paints and adhesives. The California Building Code: 24. Chapter 7A was completely revised in order to clarify the Wildland Urban Interface requirements. Some new regulations were added. 25. Fire-Smoke Barriers were added back into the code 26. The group I division 1 occupancy has been eliminated and replaced with the group R division 2.1 occupancy. For more information, contact David Willoughby, Building Official at (707) 463- 6203 or email at dilloughby@cityofukiah.com.