Marin County Grand Jury
2022-2023
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Findings & Recommendations
5 findings
F1:
Climate change is increasing the atmospheric rivers’ strength and frequency which impacts communities across Marin County. Failure to include and recognize these growing threats underestimates current dam safety risks and possible preventive strategies.
Related Recommendations (1)
R1:
By March 15, 2024, MMWD and NMWD should establish a Climate Change and atmospheric rivers working group to consider, and begin to develop, new hazard mitigation actions. These should be based on the current scientific projections regarding atmospheric rivers and other extreme precipitation events.
F2:
MMWD and NMWD are in full compliance with both state DOSD, as well as all federal regulations. However, dam safety analysis and reporting would be enhanced by including current data on probable maximum precipitation (basis for risk analysis) numbers.
Related Recommendations (1)
R2:
By December 31, 2023, the two water districts should begin work to expand their respective hazard mitigation plans, which should include a new section dedicated to climate change, and a discussion of atmospheric rivers and their accelerating potential threats to dam and reservoir safety.
F3:
MMWD and NMWD hazard mitigation plans fail to incorporate the latest scientific studies on climate change. They use DOSD and FEMA climate models that were last updated in 2012. This eleven-year gap may lead to an underestimation of current and future risks.
Related Recommendations (1)
R3:
By January 1, 2026, the water districts (at the time of their next dam inspections, and when their hazard mitigation plans are revised) should provide the public with new information about the updated plans. This information needs to ensure that they effectively consider flood risks in light of the new science, thus ensuring that the public is aware of this.
F4:
FEMA and National Flood Insurance maps may not have entirely incorporated the most recent dam inundation maps and are not available on the MMWD and NMWD websites.
Related Recommendations (1)
R4:
By September 30, 2023, both water districts should update their websites to include links to the inundation and FEMA maps. They should also provide links to the National Flood Insurance Program.
F5:
The advancement of dam safety is greatly enhanced with the expertise of scientific institutions. They use a range of tools and practices such as FIRO, flyovers, weather balloons, radar along the coast, and collaborations between dam owners and scientific institutions. These practices, used by other water districts, serve as an example from which MMWD and NMWD can benefit.
Related Recommendations (1)
R5:
By December 31, 2023, dam owners should provide the public with easily accessible information on flood risks, as FEMA and National Flood Insurance may not have entirely incorporated the most recent dam inundation maps.
Additional Recommendations
1
Not linked to specific findings.
R6:
By December 2023, both water districts should begin to explore collaborations with scientific institutions to learn from, expand their toolkit of mitigation strategies, and thus augment the safety of their dams in light of growing risks posed by atmospheric rivers.
Findings & Recommendations
6 findings
F1:
SMART is heavily dependent on revenue from voter approved Marin and Sonoma County sales taxes for funding its operations.
Related Recommendations (2)
R1:
By December 1, 2023, the Board of Directors should initiate a fully transparent, public process to be completed by April 1, 2024 that examines how SMART might continue funding its operations beyond April 2029, including an evaluation of when the voters would decide whether to continue levying a sales tax for SMART’s operations.
R3:
SMART’s Board of Directors should consider hiring consultants to help evaluate the feasibility and timing of future tax measures.
F2:
SMART has never attained the ridership levels that it promised in 2008.
F3:
SMART’s past inability to be open and transparent about decision making and operations contributed to the erosion of public confidence leading to the defeat of the Measure I sales tax extension in 2020.
Related Recommendations (1)
R2:
By December 1, 2023, SMART’s Board of Directors should direct staff to develop a written strategic marketing communications and public outreach plan and budget focused on educating voters in Marin County about the community benefits derived from the continued operation of the SMART rail system.
F4:
SMART will likely be forced to discontinue services if Marin and Sonoma County voters do not approve a sales tax extension by the required supermajority in an election before 2029.
Related Recommendations (2)
R1:
By December 1, 2023, the Board of Directors should initiate a fully transparent, public process to be completed by April 1, 2024 that examines how SMART might continue funding its operations beyond April 2029, including an evaluation of when the voters would decide whether to continue levying a sales tax for SMART’s operations.
R3:
SMART’s Board of Directors should consider hiring consultants to help evaluate the feasibility and timing of future tax measures.
F5:
SMART’s new leadership, especially its General Manager and Chief Financial Officer, appear qualified, energetic and motivated to take on the many challenges that SMART is facing.
F6:
SMART does not have a comprehensive marketing and communications strategy.
Related Recommendations (1)
R2:
By December 1, 2023, SMART’s Board of Directors should direct staff to develop a written strategic marketing communications and public outreach plan and budget focused on educating voters in Marin County about the community benefits derived from the continued operation of the SMART rail system.
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Findings & Recommendations
9 findings
F1:
BHRS does not currently have a one call/one door entry for all of residents who are seeking mental or behavioral health services. The website lists several phone numbers and contact points for its services, which is confusing to the public when seeking help.
Related Recommendations (1)
R1:
By December 31, 2023, the Marin County Board of Supervisors should direct the County’s BHRS division to develop and begin to implement a written strategic plan and operating budget detailing the enhancement, expansion, and funding of the 988 Lifeline Call Navigation Center to become the one call/one door entry for county residents who are seeking immediate help with a behavioral health crisis.
F2:
Most Marin County residents have limited or no knowledge of where to call, other than 911, for help with a mental or behavioral health crisis, and the 988 Lifeline is not widely known or used.
Related Recommendations (1)
R2:
By December 31, 2023, the Marin County Board of Supervisors should direct the County’s BHRS division to develop a new public awareness and educational outreach campaign promoting the 988 Lifeline Call Navigation Center.
F3:
Most calls to BHRS are not answered by a live person 24x7.
F4:
The new 988 Lifeline represents a first step toward shifting the primary response to mental and behavioral health emergencies from law enforcement, EMS and Fire to trained behavioral health care navigators, thus reducing the burden on law enforcement, EMS and Fire so they are available for other public safety calls, and at a lower cost to the County.
F5:
BHRS’s $125,000 historic annual funding of the Suicide Prevention Line has not been adjusted to reflect the expanded services provided by the Buckelew-run 988 Lifeline Navigation Call Center.
F6:
A county-wide needs/gaps assessment (broader than what the Mental Health Services Act mandates) has not been completed for several years.
F7:
Despite the HHS’s Mission Statement “To promote and protect the health, well-being, self-sufficiency, and safety of all people in Marin,” the large majority of the programs and funding are limited to the approximate 20 percent of Marin’s population who qualify for Medi-Cal or are uninsured.
F8:
The Mobile Crisis Response Team, Crisis Stabilization Unit, Access Team, and County oversight of the 988 Lifeline Navigation Center do not report to the same department manager; thus complicating the coordination and communication between the four departments.
Related Recommendations (2)
R3:
By December 31, 2023, the Marin County Board of Supervisors should direct the County’s BHRS division to create a new Behavioral Health Crisis Services department reporting directly to the division director. The new department would integrate the Access Team, the Mobile Crisis Response Team, the Crisis Stabilization Unit, and oversight of the 988 Lifeline Call Navigation Center under a single responsible and accountable management structure.
R4:
By December 31, 2023, the Marin County Board of Supervisors should direct the County’s BHRS division to create an organizational plan to improve its utilization and outcome reporting across the Mobile Crisis Response Team, the Crisis Stabilization Unit, the Access Team and the 988 Lifeline Navigation Call Center: 1) its sharing of that data across the units within BHRS; 2) its consolidated reporting and conclusions based on that consolidated data; and, 3) its ability to consequently make informed decisions regarding staffing, funding, program development, and new service opportunities to improve behavioral health outcomes.
F9:
The Mobile Crisis Response Team is not currently available 24x7 to respond to an urgent mental or behavioral health crisis.
Related Recommendations (1)
R5:
By December 31, 2023, the Marin County Board of Supervisors should direct the County’s BHRS division to develop a plan and operating budget to transition the Mobile Crisis Response Team to 24x7.
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Findings & Recommendations
10 findings
F1:
More housing in Marin is needed and ADUs are one solution.
F2:
Many homeowners lack information and knowledge about ADU development, and Marin’s jurisdictions are not always helpful to homeowners seeking information about ADU development.
Related Recommendations (1)
R3:
By December 1, 2023, begin the process of merging and/or collaborating with Napa/Sonoma ADU, and hiring a full-time Marin ADU Program Coordinator. The program coordinator should work with all jurisdictions on the development of ADUs and identify impact and connection fees within each jurisdiction.
F3:
It is often difficult, if not impossible, for a Marin homeowner to determine the planning, building, connection, capacity and impact fees associated with developing an ADU in a particular jurisdiction.
Related Recommendations (1)
R3:
By December 1, 2023, begin the process of merging and/or collaborating with Napa/Sonoma ADU, and hiring a full-time Marin ADU Program Coordinator. The program coordinator should work with all jurisdictions on the development of ADUs and identify impact and connection fees within each jurisdiction.
F4:
Many Bay Area cities and counties, for example Napa and Sonoma, have implemented comprehensive websites and related support to help homeowners create ADUs.
F5:
ADUs may be rented affordably and provide additional benefits for older adults and their caregivers.
F6:
Most Marin jurisdictions could provide better resources offering or identifying financing incentives for ADU development.
Related Recommendations (2)
R1:
On or before December 31, 2023, the Marin County Board of Supervisors should direct the Community Development Agency's Development Priority Setting Committee to: 1) Identify available funding/financing information for residents who need help with the cost of building an ADU, 2) Transmit the collected information to all the jurisdictions represented on the Committee. 3) Start a continuous monitoring program to update the information sources as they become available.
R6:
By December 1, 2023, begin feasibility assessments of new incentives for ADU development, such as pre-approved plans, technical assistance, property tax relief, development fee waivers, and forgivable loans; implement at least one such incentive no later than July 1, 2024.
F7:
Impact, connection, and capacity fees vary considerably throughout the County and such fees can be a disincentive to homeowners considering ADU development.
Related Recommendations (1)
R4:
By December 1, 2023, begin a feasibility assessment of waiving or significantly lowering impact and connection fees for units smaller than 750 square feet.
F8:
Not every jurisdiction in Marin has updated its planning and building policies to conform with current California ADU laws.
Related Recommendations (1)
R5:
By December 1, 2023, begin creating plans to accelerate the permit approval process for ADU applications to within 30 days, or less, of submission. Implement such plans no later than July 1, 2024.
F9:
Granting amnesty, following safety inspection, to existing non-conforming second units could help Marin meet its housing obligations.
Related Recommendations (1)
R2:
By December 1, 2023, begin investigation to consider an amnesty program to legalize existing unpermitted second units. Add a marketing communications plan so that citizens can be made aware of it.
F10:
ADU Marin and HelloADU are a good start. However, compared to several other Bay Area cities and counties, for example Napa and Sonoma, they could be substantially enhanced and expanded.
Findings & Recommendations
10 findings
F1:
The City of Novato is facing an ongoing structural financial deficit.
Related Recommendations (1)
R1:
By December 31, 2023, design and begin implementation of a plan to address Novato’s ongoing structural financial deficit. This plan should include resources, staff, and systems necessary to institute strong financial controls to improve its financial condition and to enable timely independent financial audits.
F2:
The City Council has not adequately pursued options for ongoing sources of revenue, including increasing its local sales tax.
Related Recommendations (1)
R5:
By October 1, 2023, begin strategic planning to increase the City’s sales tax.
F3:
The City’s financial deficits have resulted in reductions in City staff, and difficulties in hiring and retaining employees.
F4:
The City’s financial deficits have resulted in a reduction of City services.
F5:
The City’s financial deficit will significantly increase once new labor contracts go into effect.
F6:
The City’s Finance Department’s inadequate staffing resulted in insufficient financial controls, incomplete records, and a loss of financial accountability.
Related Recommendations (1)
R1:
By December 31, 2023, design and begin implementation of a plan to address Novato’s ongoing structural financial deficit. This plan should include resources, staff, and systems necessary to institute strong financial controls to improve its financial condition and to enable timely independent financial audits.
F7:
The City lacks comprehensive and functional records management systems.
Related Recommendations (1)
R4:
By December 31, 2023, develop a schedule to install and maintain comprehensive records management systems for all City operations by June 30, 2025.
F8:
The City lacks a plan to optimize revenue from its existing properties, including the sale of City owned properties. The City owns many properties that are vacant or in disrepair, and others where ongoing expenses exceed income.
Related Recommendations (1)
R6:
By December 31, 2023, initiate a comprehensive inventory and review of the City’s entire portfolio of properties to identify opportunities for more cost-effective use of each holding. The assessment, including recommendations and timelines for implementation, should be completed no later than May 1, 2024.
F9:
The City has not provided sufficient financial and operational oversight of the Marin Valley Mobile Country Club. The property operates at a substantial deficit, has ongoing deferred maintenance, and presents increasing administrative and financial burdens on the City.
Related Recommendations (1)
R7:
By December 31, 2023, implement a plan to address the operational and financial condition of the MVMCC, including an evaluation of options for rent increases.
F10:
The City’s Finance Advisory Commission has the responsibility, but lacks the authority, to effectively oversee the City’s financial condition and operations.
Related Recommendations (2)
R2:
By December 31, 2023, the City Council, in consultation with the Finance Advisory Commission, should consider creating and funding a new position of an independent internal auditor with the authority to investigate and report on City operations.
R3:
By December 31, 2023, require the Finance Advisory Commission to issue quarterly financial reports on the City’s financial condition and require that the reports be discussed at City Council meetings.
Findings & Recommendations
4 findings
F1:
PG&E's electric transmission infrastructure is fragile, unable to reliably deliver electricity due to climate change events, and older electrical infrastructure, etc. A result of these events is that outages are increasing in number, frequency, and duration.
Related Recommendations (1)
R1:
By December 31, 2023, the Board of Supervisors should vote on funding a study to determine the viability of microgrids, and how they could be installed in Marin County.
F2:
Marin County has developed strong emergency action plans that allow a unified response to outages with a range of resources for the community. However, the level of responsiveness for solutions to outages is not adequate. There is a clear need to build electric resiliency in Marin in order to reduce outages, and emergencies stemming from them.
Related Recommendations (1)
R2:
By December 31, 2024, the Board of Supervisors will have committed to installing microgrids, in coordination with local leadership. Two sites should be chosen as pilot programs. The Grand Jury recommends Marin City and West Marin as the sites because they include underserved communities. Also, West Marin is a remote location that would benefit from reliable energy via alternative sources.
F3:
Microgrids are an energy source that, although costly, can provide backup power in the event of brownouts or blackouts.
Related Recommendations (1)
R3:
By September 30, 2024, the Board of Supervisors will update the County Strategic Plan to include microgrids and enlist public support for the project.
F4:
Initial establishment of microgrids will provide Marin County with islands of resilient power during times of emergency (earthquakes, extreme heat emergencies for example). As additional microgrids are built, these islands merge together creating ever larger areas of self-sufficient power and resilient power storage and distribution for Marin residents and businesses.
Related Recommendations (1)
R4:
By September 30, 2024, the Board of Supervisors will engage with County Planning to develop permitting and construction guidelines to accelerate the development of microgrids.
Additional Recommendations
1
Not linked to specific findings.
R5:
By December 30, 2024, the Board of Supervisors will investigate and identify public and private funding sources for the proposed microgrid(s).
Findings & Recommendations
11 findings
F1:
Marin has siloed and fragmented aging services that are not well integrated among County departments, thus creating confusion for older residents and family members.
F2:
Marin is not prepared to adequately serve the coming wave of Older Adults.
F3:
Today, finding the resources that an Older Adult or caregiver needs requires navigating a maze of options. There is a compelling need for a seamless and unified “doorway” or portal for older residents and family members to navigate to and access County services and referrals to Community Based Organizations for Older Adults.
Related Recommendations (1)
R4:
By December 31, 2023, the Board of Supervisors should direct HHS or AAS - as appropriate - to begin the design of a multilingual electronic “doorway” or portal for older residents and family members through which to access information regarding County services from a single point of entry, with initial design, operational goals and a preliminary budget defined.
F4:
Based on the percentage of the HHS budget allocated for Aging and Adult Services, and its placement within the HHS hierarchy, the well-being of Older Adults is not reflected as a County priority.
Related Recommendations (1)
R1:
By December 31, 2023, the Board of Supervisors should elevate the Office of Adult and Aging Services (AAS) to a division-level department within the Health and Human Services Department. The lead executive within AAS should be on a peer level with other directors within HHS as part of the HHS Executive team.
F5:
There are not sufficient low and moderate income housing options for the Older Adult population, and current options do not fully address needs that range from low-income, and independent living to full dementia and Alzheimer’s 24x7 care assistance.
F6:
Marin relies heavily on Community Based Organizations. Additional County funding is needed by essential Community Based Organizations that partner with the County to do the necessary work for the Older Adults in Marin.
Related Recommendations (1)
R6:
By December 31, 2023, the Board of Supervisors should direct HHS or AAS - to create an ombudsman position within AAS to assist CBOs and non-profits which provide aging services (e.g., West Marin Senior Services, Vivalon, etc.) in submitting funding and/or services requests.
F7:
With its current reporting relationship, Aging and Adult Services is not part of the HHS Executive Team. Thus, Aging and Adult Services does not have the opportunity to participate in cross-functional, and cross-departmental County teams ensuring that the needs of older residents are considered in all County projects, including those outside HHS.
Related Recommendations (1)
R1:
By December 31, 2023, the Board of Supervisors should elevate the Office of Adult and Aging Services (AAS) to a division-level department within the Health and Human Services Department. The lead executive within AAS should be on a peer level with other directors within HHS as part of the HHS Executive team.
F8:
In nearly all of the other Bay Area counties, the aging services departments report to the highest-ranking or second highest ranking leader in the organization, which is recognized as a critical member of their cross functional executive teams.
F9:
With the projected increase of Marin’s non-English speaking populations, the County needs to ensure that all of its residents have access to services and information in the language they speak. As was seen during the pandemic, the ability to communicate in one’s native language ensures that essential information is accurately communicated to the residents in need of services and information.
F10:
Collaborative planning and adequate funding of limited aging services resources within the county is needed to preserve important healthcare options.
Related Recommendations (2)
R2:
By November 30, 2023, the Board of Supervisors should finish reviewing and then formally approve the IAS Study accepted at the February 7, 2023 Board of Supervisors meeting.
R3:
During the FY25 budget preparation cycle, the Board of Supervisors should direct AAS and HHS to prepare a larger AAS FY25 budget consistent with the IAS Study so as to be ready for implementation during the FY25 budget year.
F11:
Additional resources are needed for West Marin and other isolated areas to address transportation, food delivery, medical services, and making wellness checks and contact with isolated residents.
Related Recommendations (2)
R5:
By December 31, 2023, the Board of Supervisors should direct HHS or AAS - as appropriate - to begin the design of a comprehensive database-driven communication system. This should enable Older Adult County residents and/or family members to register and opt-in to receive information on aging services, and receive calls or texts as needed for natural disaster notification, wellness checks, etc.
R7:
By December 31, 2023, the Board of Supervisors should direct HHS or AAS - as appropriate - to fund a “travel stipend” based on the mileage to/from San Rafael County offices to client location based on the applicable IRS mileage rate for IHSS caregivers providing services in rural areas.
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Findings & Recommendations
9 findings
F1:
There is a substantial backlog of criminal cases pending in Marin County.
Related Recommendations (1)
R1:
By November 1, 2023, the Marin County Board of Supervisors should request the Marin County Administrator to hire an independent consultant who reports to the County Administrator's Office to analyze operations of the District Attorney’s Office with the following objectives: reducing the overwhelming caseloads of deputy district attorneys, facilitating timely production of discovery materials, implementing early evaluation of cases to promote plea negotiations, improving office morale, and updating the case management system.
F2:
Victims of crimes and people charged with crimes in Marin are waiting an unreasonable length of time for cases to be resolved - in many cases more than a year.
Related Recommendations (1)
R2:
By December 1, 2023, the District Attorney’s Office should hire two or more highly experienced former deputy district attorneys on short term (6 - 12 mos.) contracts whose sole responsibility would be to reduce the backlog of cases through plea negotiations, starting with the longest pending cases.
F3:
The District Attorney’s Office is primarily responsible for the delays in resolving criminal cases in Marin.
Related Recommendations (1)
R3:
Once the caseload has been significantly reduced, the District Attorney’s Office should hire experienced deputy district attorneys to maintain caseloads at a manageable level.
F4:
The District Attorney’s Office lacks the internal organizational structure and operations to facilitate the efficient processing and resolution of criminal cases.
Related Recommendations (1)
R4:
By December 1, 2023, the District Attorney’s Office should implement a new process to provide discovery materials (e.g., police report, defendant’s criminal history, and camera footage) to defense counsel within a reasonable time of arraignment.
F5:
Deputy district attorneys are unable to consistently carry out their legal duties due to overwhelming caseloads.
Related Recommendations (1)
R5:
By December 1, 2023, the District Attorney’s Office should institute a position, such as an expediter, that is primarily responsible for facilitating plea negotiations in misdemeanor cases.
F6:
The caseloads must be reduced to manageable levels to stem the departures of attorneys from the office and to facilitate recruiting efforts.
Related Recommendations (1)
R6:
By October 1, 2023, the District Attorney’s Office should hire paralegals to assist attorneys with discovery, witness coordination, and trial preparation.
F7:
The District Attorney’s Office needs additional experienced deputy district attorneys to facilitate the processing and resolution of criminal cases.
Related Recommendations (1)
R7:
By November 1, 2023, the District Attorney’s Office should commence providing a quarterly update and statistical report to the Board of Supervisors and the County Administrator’s Office on its progress to reduce the backlog of criminal cases.
F8:
The District Attorney’s Office does not consistently provide discovery materials (e.g., police report, defendant’s criminal history, camera footage) to defense counsel in a timely manner, thereby significantly delaying the resolution of cases.
Related Recommendations (1)
R8:
By October 1, 2023, people in custody who are awaiting trial should be granted more accommodations than inmates who have been convicted. Possible accommodations include, where appropriate, contact visits with family, utilization of technology (e.g., tablets) within their cells, and contact visits with defense counsel.
F9:
People in custody awaiting trial are treated the same as convicted inmates and are subjected to unduly restrictive conditions in the county jail.