Mendocino County 2002-2003 - California Grand Jury Reports

From the annual report

The consolidated year-end volume. The individual investigations it contains are listed separately below.

📑 Year-End Report

The full consolidated volume; individual reports are listed below.

Individual reports (16)

July 20, 2004 — 2002/2003 Grand Jury Report Recommendation Implementation Schedule Recommendation Already Est. Date of Not

8 páginas 14 recomendaciones

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Recomendaciones adicionales 14

No vinculadas a hallazgos específicos.

R1: The county, through the Department of Human Unknown, would Resources, establish a program to interview be implemented by employees that are leaving. Exit interviews HR not AC&C. would provide the County with important information about departmental performance. IMPLEMENTED IMPLEMENTATION RECOMMENDED

R2: AC&CD employees need to be properly trained, then delegated to carry out their duties. X All employees must have equipment and clothing for betterment of health, safety, and ergonomic comfort.

R3: First aid items should always be readily available to the visiting public who may be X handling animals at the shelter. Health, safety, and hazard standards must be diligently monitored by management and staff in field and shelter activity in order to minimize County liability.

R4: AC&CD management needs to acquire and issue field and shelter implements, such as X loading ramps, protective gear and first-aid items. These items should be kept within convenient reach of all staff.

R5: The AC&CD management should focus on establishing mutual trust and respect between X management and staff.

R6: The AC&CD must develop a positive working relationship with Humane Societies. The X Humane Societies are encouraged to reciprocate.

R7: The AC&CD should encourage employees to X read this report. PUBLIC LIBRARY SYSTEM:

R8: Newly restructured Mendocino County Water No implementation The precise role of the agency has yet to be defined and is the subject of an ongoing study commissioned Agency be appointed lead agency by BOS for schedule has been all County Water Districts, watershed studies, by the Board of Directors. established negotiations with California Department of Fish and Game, U.S. Army Corps of Engineers, Federal Fisheries and other water agencies. Consolidate Ukiah Valley Water Districts. MCWA agrees with recommendation and is willing to No implementation 9 assist in consolidation efforts among willing parties. schedule has been established

R10: Mendocino County Water Agency assume No implementation The precise role of the agency has yet to be defined responsibility for the Inland Water and Power and is the subject of an ongoing study commissioned schedule has been Commission mandates concerning the Eel by the Board of Directors. established River diversion into Potter Valley.

R11: Develop and implement a water conservation MCWA took no position with this recommendation No implementation plan to address any anticipated water shortage. schedule has been because it was not clear what the Grand Jury meant to include in the proposed plan. established This is a task that RRFC would undertake, not

R12: Install meters for all water consumers to insure No implementation This is a task that RRFC would undertake, not accurate monthly reports to Russian River schedule has been MCWA. MCWA agrees that the installation of Flood Control District and the State Water established (this is a meters would be beneficial. Resources Control Board. task that RRFC would undertake, not MCWA).

R13: Water District board members attend Brown No implementation MCWA agrees with the recommendation. It is up to Act orientation program or seminar. schedule has been the individual districts as to whether or not they established implement the recommendation.

R14: Establish a 5-year moratorium on any new No implementation MCWA took no position with respect to this agricultural hook-ups. schedule has been recommendation. This is a task that agencies with established water may choose to implement.

R15: All environmental considerations must be No implementation MCWA agrees with this recommendation and will addressed to preserve the quality of life in schedule has been follow recommendation whenever it undertakes a Mendocino County now and in the future. established project. ANIMAL CARE AND CONTROL:

June 30, 2003 — Jump to subpage...

83 páginas 22 hallazgos 22 recomendaciones

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Hallazgos & Recomendaciones 22 hallazgos

F1: CCWD has no water right permits. CCWD's single well is insufficient to meet its demands, and it is out of compliance with State requirements.

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R1: If enough people want the vehicles cleared, they must participate in their political process by attending Board Meetings and pressure the Brooktrails Township Board of Directors to enforce the ordinances. One person or the Grand Jury cannot do this for them. 2. Congestion, caused by parking vehicles, which obstructs emergency vehicles, endangers all residents of Brooktrails. It appears that no responsible agency or body wants to tackle this critical issue. Our recommendation is that the Brooktrails Township Board of Directors takes a leadership role to meet with all other enforcement agencies to resolve this issue.

F2: With a current storage volume of 250,000 gallons, CCWD is deficient in the amount of water storage necessary to meet California Water Works Standards.

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R2: Water districts are required to install meters for measuring water use by each water consumer.

F3: In the past five years, CUUD usage has significantly exceeded its Pre-1949 water rights during the dry season.

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R3: In violation of the Brown Act, water district board members have communicated within their district and between districts by telephone, e-mail and private meetings to discuss public matters.

F4: Based on water use in the year 2000, CUUD storage is inadequate, amounting to less than 50% of SWRCB requirements.

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R4: The water resources in the Ukiah Valley (i.e., 8,100 AF/Y of pre- 1949 water) are being used in part, by agricultural consumers without cost and without measurement and controls. General Recommendations (All recommendations are of equal importance)

F5: CUUD is exploring the possibility of using treated wastewater for the Municipal Golf Course, City Parks and the Cemetery District.

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R5: Install meters for all water consumers to insure accurate monthly reports to Russian River Flood Control District and the State Water Resources Control Board.

R22: There is no licensed holding cell or room on the coast. At times a patient will be held at the Sheriff’s substation in Fort Bragg or by the Fort Bragg Police, perhaps in the back of a patrol car, until a crises worker arrives. Response – Agree. This situation does occur, but during the past year incidents wherein this has been necessary have been reduced within the Fort Bragg jurisdiction. Our officers report that the response time for the crises worker to arrive on scene has improved. – 129 – Recommendations: A. Law enforcement agencies strengthen their partnership with the DMH and other mental health stakeholders. (Finding 5, 13) Response – The recommendation has already been implemented. The City of Fort Bragg agrees that a strong partnership between the Department of Mental Health, law enforcement and other mental health service providers is essential to adequate and appropriate delivery of mental health services. The City remains committed to continuing and improving this critical partnership. Aside from meetings held between the Fort Bragg Police Department and mental health services in August and September of 2001 and March of 2002, the Fort Bragg Police Department has established a protocol of direct communication between the Chief of Police and mental health administration. These communications have proven effective in the resolution of issues before they become problems, but are not limited to addressing only negative issues. In January of 2002 the department sent a letter to the Director of Mendocino County Mental Health praising their staff for professional responses to our requests for assistance. B. The BOS fund training to improve understanding of the new procedures to allow each group to appreciate the concepts and problems of the other, and to help clients to use all resources to the fullest. (Finding 5, 13) Response – The recommendation has already been implemented. The City of Fort Bragg supports the concept of understanding through training. The Fort Bragg Police Department participated in the training provided in April of 2002. C. The DMH, law enforcement, and hospital medical personnel meet on a regular basis to share knowledge and procedures in dealing with the mentally ill. (Finding 5, 13) Response –The recommendation will not be implemented because it is unwarranted or unreasonable. For the Fort Bragg Police Department regular scheduled meetings with DMH and hospital medical personnel have been determined to be an unnecessary burden on the agencies. The meetings in August and September of 2001 and in March of 2002 combined with the MOU have resolved the majority of our issues. Our system of communication between the Chief of Police and the other agencies has been adequate to address any issues that have come forth within the past year and we feel will be effective in the future. The Fort Bragg Police Department will be an active participant should a future need arise for meetings or workshops relative to mental heath issues. D. DMH and AODP integrate health services and substance abuse treatment. (Finding 15) Response – The recommendation will not be implemented because it is unwarranted or unreasonable. Neither the City of Fort Bragg nor the Fort Bragg Police Department has the ability to implement this recommendation. It is unreasonable to expect that these entities would be responsible for action on this recommendation. Domestic Violence Restraining Orders Response from Fort Bragg City Council (required) And from Fort Bragg Police Chief (requested)

F6: There is no backup power for the pumps, the filtration system or the wells with a potential public health risk. A June 2001 compliance order requires that there be no more connections and water use must decline for existing connections.

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R6: Water District board members attend Brown Act orientation program or seminar.

F7: RRFCD sends water to MCWD in spite of the lack of any contractual agreement.

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R7: Establish a 5-year moratorium on any new agricultural hook-ups.

F8: MCWD sells water to unauthorized users such as CCWD.

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R8: All environmental considerations must be addressed to preserve the quality of life in Mendocino County now and in the future. Comments The Ukiah Valley population is likely to continue to grow and the need for water for domestic, business and agricultural use will increase proportionately. Any increase in availability of water by storage behind the Coyote Valley Dam or other means is problematic and speculative. Raising the dam, even if possible could not be accomplished in less than ten years. There is an immediate need for a water conservation plan for the Ukiah Valley, which would limit water use by water consumers by providing penalties for over-use. Fines and shut-offs would be necessary. The Mendocino County Water Agency would be responsible for water-use policies and regulation enforcement. A comprehensive program with a futuristic approach to our water usage is needed. 3031 Technical Terms

F9: MCWD could be subject to a $500 a day fine from SWRCB due to its non-compliance with SWRCB requirements. 23

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R9: In the past, the City, in conjunction with private enterprise, has supported affordable and low-income housing development by mitigation of fees, codes and ordinances, and reduction in site development standards, water use retrofit, and application of density bonus. Presently, City support of low-income and affordable housing is hampered by lack of redevelopment funds. Response – Agree, in part. The City has a long history of supporting affordable housing development projects. While redevelopment funds have not been available for several years to provide direct financial assistance, the City has developed a small balance in the Redevelopment Housing Fund as of June 30, 2002. The City Council has identified its interest to evaluate approaches to facilitate and support housing development. Despite the City’s inability to provide direct financial assistance, in the past three years, the City has undertaken many activities in support of housing development, including: preparation of the Housing Element update; Federal Emergency Shelter Grants for emergency/transitional housing; Community Development Block Grant (CDBG) for housing rehabilitation; CDBG grant for development of off-site drainage improvements to support a sweat-equity housing project; and CDBG grant for preparation of a Senior Housing Market Study. In addition, the Redevelopment Agency recently contributed $40,000 for pre-purchase studies to assist the acquisition of a 49-unit “at risk” affordable housing project by a qualified affordable housing non-profit.

F10: RVCWD has sidestepped contract law by using non-licensed contractors and putting them on the District payroll.

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R10: A major obstacle to affordable and low-income housing availability statewide as well as in Mendocino County is affordable housing becoming unaffordable because of market forces. Response – Agree. One means of ensuring that affordable housing remains affordable is to establish rental or resale covenants for housing projects which receive public funds and/or special benefits. State Redevelopment Law and State Density Bonus Law require that mechanisms be in place to ensure continued affordability for between 10 and 40 years.

F11: In 1999, RVCWD was cited by the State Department of Health for using a non-permitted chemical for vegetation removal. When ordered to get rid of the treated water, the water was dispersed into the domestic water lines.

F12: An examination of the financial records at the Redwood Valley Water District headquarters showed that payments for services and materials were made prior to authorization by the RVCWD Board. Payments were made for services not yet rendered.

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R12: The CSC is officially designated under State of California guidelines as a Community Mental Health Clinic in which client services are billed under Medi-Cal regulations. It is anticipated that the final costs to the County could be reduced while at the same time providing better services to the mentally ill. Response – Agree.

F13: There is good working relationship in Ft. Bragg between the county’s AC&CD branch office there and private animal shelters.

F14: The City of Ft. Bragg is satisfied with the contracted services with AC&CD.

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R14: With the assignment of DMH personnel to the Jail and the ability of the CSC to send crisis workers to the jail after regular working hours, Jail workers believe the treatment of inmates with mental health issues has improved. Response – Agree.

F15: The practice of AC&CD charging the same animal room and board fees, charged to the public, before releasing an animal to the Humane Societies, seems to be contrary to the mission statement of “care and control”. Humane Societies are charitable institutions with very limited funds.

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R13: Response: This recommendation has not yet been implemented, but will be implemented in the future. The Department has requested additional posters and safety books. While the City maintains Injury Prevention Program manuals in each department, additional publications from OSHA available through the State will be made available to employees in not only the Public Works Department, but also the Water and Sewer Departments. Police Department The Willits Police Department includes 15 sworn personnel, 3 community service officer positions, 5 dispatchers, 12 patrol vehicles, and no reserve officers. Relative to those findings made by the Grand Jury, the City offers the following responses: While the Grand Jury observed officers, they conducted their activities professionally with restraint and consideration to those being stopped and talked to or given notice or citations. Response: Agree with finding. The City remains proud of its officers and their ability to interact with the public in a professional and friendly manner. The Grand Jury’s attempted to interview citizens with a different perspective on the Police Department. Citizens refused to give details of their experiences with the Police Department because they said they fear retaliation. Persons interviewed by the Grand Jury were reluctant to file formal complaints because of fear of retaliation. Response: The Grand Jury’s findings lead the reader to believe that our community is unwilling to share their concerns about the Police Department because they “fear retaliation”. The City must respectfully disagree with this finding for several reasons. First, citizens who have concerns and/or complaints related to the activities of the Police Department are always encouraged to describe that concern or complaint in writing, following which follow-up investigation is conducted and ultimate disposition is communicated to the complainant. Because “clients” of the Police Department often become “clients” against their will, it is not surprising that some do not appreciate the role that the Police Department plays in protecting the health and safety of the entire community. As well, the Grand Jury is encouraged to again review the Police Department’s general policies and general orders which encourage and support positive interactions between law enforcement personnel and the public they serve. The Police Department will continue its ongoing efforts to provide training and implement programs and policies which focus upon positively directed and appropriate interactions between law enforcement personnel and the community. The City is concerned that the Grand Jury may have identified this finding based on comments made by a very small 110number of individuals. The City will continue to conduct appropriate investigations of each complaint filed and will continue to educate our citizens regarding the importance the City places on investigating and responding to each and every complaint which may be made. There is no citizen review board. The Police Department does not support the concept of a citizen review board. Response: Agree with finding. In September 2001, the Police Department reported staff shortage and high turnover; in May 2002, the Police Department reported that there is no staff shortage and turnover is minimal. Response: Disagree with finding in part. In September, 2001, authorized and funded police officer strength was 11 officers. At that time the Department had 10 positions filled, and was in the process of a background investigation on the most qualified candidate for the 11 position. th At that same time, staffing of the community services officer positions was funded and filled by 2 incumbents, with a background investigation being completed on the 3 community services officer. There has been no turnover over the past two years rd within the Department. As of May, 2002, the Willits Police Department was fully staffed in both sworn personnel and community service officer positions. The Police Department increasingly must work with Spanish-speaking people. The one bilingual Spanish-speaking officer on the Police Department staff cannot provide all translation services required. WPS has access to translation by telephone, but the service is less than effective because it can only be used at the station and not in the field. Response: Agree with finding. The Police Department is aware and concerned about drug activities in Willits, especially around school sites. Response: Agree with finding. The County of Mendocino owns and is responsible for maintenance of the building the Police Department occupies. The building needs repairs. There is a leak through an unsightly gaping hole in the ceiling of the main Police Department conference room. The Police Department turns in complaints to the County Building and Grounds Department when it rains. The County comes out and does a quick patch, but no permanent repairs. Response: Agree with finding. 111Relative to recommendations of the Grand Jury focused upon the Police Department, the City offers the following responses: Willits City Council set a policy for Police Department behavior in dealing with the public and ensure that it is followed. (Finding 15, 16) Response: This recommendation will not be implemented because it is not warranted and it is not reasonable. Every law enforcement agency in the County of Mendocino has written policies, procedures, and general orders in place that guide and direct officers in the performance of their duties and in their interactions with citizens. The Willits Police Department is no exception. Officer protocol in “dealing with the public” is clearly described within the context of the Police Department General Orders and the direction officers receive from the Chief of Police. To prepare a separate statement relating to the behavioral aspects of officer interaction with the public would be redundant and is not required for this recommendation to be implemented. The fact of the matter is, those policies are established and each individual within the Police Department who comes in contact with the public is required to review and be trained on those policies and procedures. Willits Police Department increase Spanish-speaking capacity of officers through training classes or recruitment. (Finding 18) Response: The recommendation has already been implemented. For the past 2-1/2 years the Department has attempted to recruit Spanish speaking officer candidates with no success. Officers from the Department have traveled to police training academies in our outreach efforts to identify Spanish speaking candidates. The Department has provided basic Spanish language courses on audio tapes and has made them available to each officer. As well, officers are encouraged to attend college language courses, with tuition and books reimbursed by the Department. The City will continue its effort to increase the departmental capacity to interact effectively with Spanish speaking citizens. Domestic Violence Restraining Orders The City has reviewed the Grand Jury’s report on domestic violence restraining orders and offers the following response relative to the findings: A person wishing to obtain a Restraining Order must first apply for an ex-parte court hearing for a Temporary Restraining Order. An applicant must present a typewritten application on the day of the scheduled hearing. There is no filing fee, but applicants are subject to court fees and costs, unless granted a waiver. Response: Agree with finding. 112The judge signs the Temporary Restraining Order after the ex-parte hearing and the applicant takes the signed order to the Superior Court Clerk who provides the applicant with fi ve certified copies of the order. Response: Agree with finding. The applicant must then arrange for service of the order. Any person over 18 years of age can serve the order on the restrained person. Alternatively, a police officer or Sheriff’s deputy can perform that function, but the applicant must take it to the appropriate office to arrange for that service. Response: Agree with finding. At the Sheriff’s office, a clerk enters the order into the California Law Enforcement Tracking System (CLETS) computer so that information about it is available to officers who might need it. If the order doesn’t get to the Sheriffs’s office, the information does not get into CLETS. Response: Disagree with finding. The City does not have sufficient information to form an opinion about the Sheriff’s Department’s entries into the California Law Enforcement Tracking System. However, the City has not experienced any negative impacts which have resulted from information not being entered into the CLETS system. Only law enforcement agencies and the District Attorney have access to CLETS. The Court has neither the personnel nor the secure work-station required to interact with CLETS. Response: Disagree with findings in part. While the City is informed regarding its own access to CLETS, the City does not have sufficient information to comment relative to the resources of the Court. The Restraining Order process breaks down when applicants, confused or otherwise unclear about the system, fail to get the order to the Sheriff, with the result that the order is not in CLETS and officers have no information available when called out to deal with a person in violation of the order. Response: Disagree with

R15: There is a strong connection between mental illness and substance abuse. Clients in crisis typically exhibit a multitude of problems in addition to the ones that have brought them to the immediate crises. These include homelessness, health, employment, and childcare. DMH has recognized the multiple layers of need with the creation of a new position, Consumer Services Coordinator, with the job of ensuring that the clients receive the help needed from whatever source is available. However, some clients exhibiting aberrant behavior are sometimes shuffled back and forth between AODP and DMH. Response – Agree.

F16: AC&CD has no pro-active policy for adoption or referral to Humane Societies or other animal rescue agencies.

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R16: With the PHF no longer available, the need for costly transportation of patients out of the county has increased. Both the Sheriff and the DMH have standby transportation staff and/or ambulances available (if restraint is required) to transport patients to out-of-county psychiatric facilities. Response – Agree.

F17: All citizens may impound, at their own risk and cost, stray cats or dogs and notify AC&CD for pick up.

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R17: Redwood Coast Regional Center, DMH, and the Sheriff are collaborating in a unique grant-funded training program to bring more understanding of the relationship of law enforcement and the developmentally disabled and the mentally ill. A private training group from the Bay Area has been conducting the training. Response – Agree. On April 11, 2002 the Fort Bragg Police Department provided an instructor for a presentation on this subject matter to Critical Focus. The presentation was made at the Fort Bragg Police Department.

F18: In order to prosecute animal cruelty cases, there must be at least one witness who is willing to sign a complaint and appear before the court to testify. An officer who witnesses such cruelty can cite the offending person.

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R18: DMH has in place tools for evaluation, such as the Client Satisfaction Questionnaire and the California Quality of Life instrument. The Mental Health Board is planning to evaluate client satisfaction. Response – Agree.

F19: The surrender fee to accept an animal is $40.00.

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R19: The Grand Jury has heard testimony that the impact of the new procedures on Fort Bragg and the coastal areas of the County have been mixed. The Fort Bragg area had in place, prior to the closure of the PHF, a system for crisis response that has not changed. The Fort Bragg office of the DMH has employees to respond to crisis calls Monday to Friday 8 a.m. to 5 p.m. The County has a contract with Ford Street Project, a private non-profit human service organization, to provide crisis response during all other times. DMH supervisors are available for telephone consultation with the Ford Street crisis workers. The Ford Street Project also provides three beds for “time-out” cases in the same situations now available at the CSC. The primary change has been for §5150 cases, which require a custodial setting. Information from crisis workers on the coast – 128 – indicates without a PHF, it sometimes takes longer to find a placement for persons who must be detained under §5150 because they must be taken out of the county. Response – Agree.

F20: The AC&CD must abide by state regulations for animal care and handling without state appropriations.

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R20: There are currently three on-call crisis workers who are employed in other human service jobs. They participate in continual training and case conferences and are supervised by on-call DMH personnel. Often the crisis workers have extensive prior knowledge of the client and the needs of the case, thus facilitating decision-making. Response – Agree. The Fort Bragg Police Department works closely with the Coast Crisis Service providers and relies on their specialized training and prior knowledge of client needs to facilitate appropriate service and decision making regarding mentally ill persons.

F21: The director is planning a program to enhance services for control and care of animals. A volunteer program is planned to involve public participation with the operation of the shelter.

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R21: Other partners in the process, law enforcement and hospital medical staff, at times, question the qualifications and decisions made by the crisis workers. On the other hand, crisis workers feel that police officers and emergency room staff do not understand the requirements and consequences of a §5150 detention nor the difficulty in diagnosing a mental disorder. Response –Agree. The criteria for the application of a §5150 hold for law enforcement although narrow still leaves open the possibility of differences of opinion between evaluators. It’s not uncommon that the symptoms exhibited in the presence of the first responder (usually law enforcement) are masked by the person being evaluated when he/she realizes a §5150 hold may be forthcoming. It’s important to remember that a §5150 hold is not a commitment, but is rather a vehicle to get the person in question into a professional evaluation environment. As much as it would be desirable that those evaluating the need for the §5150 hold have a uniform opinion, differences as to the suitability of a hold are likely to continue. As with most issues, the key to reducing the frustrations associated with these differences lies in effective communication.

F22: A computerized microdot program will be installed and scheduled for operation May 1, 2003. All animals that leave the shelter will be identifiable by means of any microdot reader.

📋and in the City of Willits Police Department

4 páginas 10 hallazgos

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Hallazgos & Recomendaciones 10 hallazgos

F1: The Willits Police Department is concerned about gang activity, especially in the schools where adolescents might be initiated into gang affiliations and/or activity.

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F2: The administrative staffs of schools in Willits are concerned about gang activity where adolescents might become connected with gang activity.

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F3: Gangs make their turf known by tagging objects with gang symbols. Disputes over “ownership” of turf can result in “rumbles”, events where people can be hurt or killed.

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F4: There are many kinds of gangs that can attract students. Schools discourage the use of identifying gang graffiti, clothing or body signals.

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F5: Public schools are charged with assuring the safety of their students while they are in school. Safety and avoiding unnecessary distractions are reasonable and essential concerns.

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F6: The faculties of Willits High School and Baechtel Grove Middle School do not reflect the racial distribution of the students.

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F7: The Grand Jury found no solid evidence of discrimination against Latino or other minority students that would interfere with the education of students who want to learn and who attend school regularly. 58

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F8: The Grand Jury found that school administrators are dedicated to providing the best educational opportunities possible to the students. They have many programs to help students who need help beyond classroom instruction. Peer counseling is one example of their “outreach” programs.

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F9: Not all minority students feel that racial profiling is a problem in Willits.

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F10: Willits High school has recently published a dress code that was formulated by recommendations from parents in the community.

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📋Animal Care and Control Department

4 páginas 22 hallazgos

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Hallazgos & Recomendaciones 22 hallazgos

F1: The three aspects of the AC&CD are political, humane, and law enforcement.

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F2: Mendocino County does not have independent mediation services available to county employees. The only suggested alternative is to, “Contact the union.”

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F3: The turnover rate at Mendocino AC&CD is greater, proportionately than in Lake or Sonoma Counties.

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F4: The County has no exit interview process for departing employees and has no organized way to determine if a department has personnel problems.

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F5: There is a consensus among field and shelter employees that upper management has failed to provide them with basic procedure guidelines and equipment that would facilitate efficient use of time and energy.

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F6: AC&CD employs a bilingual animal caretaker who is paid extra for on-call English and Spanish translation.

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F7: A field officer expressed a need for portable animal ramps for animal transport vehicles.

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F8: Special protective clothing was not issued to employees during the three months probation period. Yet during that period, they were required to participate in field duties in order to be properly trained.

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F9: There was evidence of gender discrimination in hiring, training and the issuing of clothing and equipment.

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F10: No equipment or procedures for prevention of transmitting diseases from animals to humans and visa versa were available to the public in the pet viewing area.

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F11: The AC&CD charges board and room as part of the adoption fees. It also charges spay and neuter fees and rabies shot fees as part of the adoption process. 35

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F12: People at the Humane Societies near Ukiah did not share the characterization by the director of the AC&CD about amiable relations between AC&CD and private animal shelters.

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F13: There is good working relationship in Ft. Bragg between the county’s AC&CD branch office there and private animal shelters.

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F14: The City of Ft. Bragg is satisfied with the contracted services with AC&CD.

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F16: AC&CD has no pro-active policy for adoption or referral to Humane Societies or other animal rescue agencies.

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F17: All citizens may impound, at their own risk and cost, stray cats or dogs and notify AC&CD for pick up.

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F19: The surrender fee to accept an animal is $40.00.

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F20: The AC&CD must abide by state regulations for animal care and handling without state appropriations.

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F21: The director is planning a program to enhance services for control and care of animals. A volunteer program is planned to involve public participation with the operation of the shelter.

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F22: A computerized microdot program will be installed and scheduled for operation May 1, 2003. All animals that leave the shelter will be identifiable by means of any microdot reader.

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📋Chamberlain Creek and Parlin Fork Conservation Camps

2 páginas 6 hallazgos

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Hallazgos & Recomendaciones 6 hallazgos

F1: Firefighting crews can mobilize quickly during emergencies.

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F2: Inmates contribute to communities by volunteer work, such as cooking for those in need and preparing Thanksgiving dinners in the community and by donating handmade wood items to charitable groups like The Greater Bay Area Make-A-Wish. Foundation. Inmates do guest speaking at high schools about Drinking and Driving.

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F3: To combat ethnic differences and tensions, all camps stress social harmony through work, recreation teams and living arrangements.

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F4: Firefighters are required to perform at capacity while enduring high heat and shortness of oxygen in rough environments. Fitness is a must to maintain physical conditioning when responding to all emergencies.

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F5: In adherence to Penal Code Section §5010 weight training equipment has been removed from all prisons.

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F6: In California, Parlin Forks is one of three Conservation Camps, which have a full working sawmill, and cuts wood for furniture and crafts. Comment Chamberlain Creek and Parlin Fork Conservation Camps are well-organized, functional units. They have proven to be a beneficial program in Mendocino County and the State of California. Response Requested California Department of Corrections California Department of Forestry 53

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📋Dangerous Fire Hazards in Brooktrails?

2 páginas 6 hallazgos 2 recomendaciones

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Hallazgos & Recomendaciones 6 hallazgos

F1: One board member and others in the community indicated Brooktrails is dangerously like the Oakland hills and that a similar fire would be equally devastating.

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F2: Building plans now require off-street parking before Brooktrails Architecture Committee approves the plans.

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F3: In observing the many parked cars and vehicles, The Grand Jury found that they may constitute a safety hazard and are in non-compliance with Brooktrails Township parking ordinance. Mendocino County Codes Sec. §15.28.010 and Sec. §20.180.010

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F4: Brooktrails has a good fire abatement program.

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F5: None of the seventeen complainants took time to attend a Board meeting where the subject of their concern was on the agenda.

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F6: Uniform Fire Code Sec. §10.205 Obstruction states “The Required width of a fire apparatus access road shall not obstruct in any manner, including parking of vechicles. Minimum required widths and clearances established under this section shall be maintained at all times.” 50

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Recomendaciones adicionales 2

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R2: Congestion, caused by parking vehicles, which obstructs emergency vehicles, endangers all residents of Brooktrails. It appears that no responsible agency or body wants to tackle this critical issue. Our recommendation is that the Brooktrails Township Board of Directors takes a leadership role to meet with all other enforcement agencies to resolve this issue. Conclusion According to the professional judgment of the Fire Chief, Brooktrails manager, peace officers, and the majority of other political and safety officials, the parked and or abandoned cars, boats, and motor homes would not significantly interfere with fire fighting equipment and pose no danger to fire safety in Brooktrails. Response Required Board of Supervisors Brooktrails Township Board of Directors Brooktrails Fire Chief Brooktrails Manager County Sheriff Response Requested California Highway Patrol 51

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📋Employees Retirement Association

13 páginas 12 hallazgos 1 recomendaciones

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Hallazgos & Recomendaciones 12 hallazgos

F1: The Association reimburses the County for costs incurred in the administration of the retirement system. Reimbursement of 1/3 of the salary and benefits of the County Treasurer as Retirement Administrator suggests that the treasurer allocates about 1/3 of his time in this role.

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F2: The projected/requested county budget growth for retirement system activities in the 2002-2003 budget year although large on a percentage basis, seems appropriate when related to a relatively small budget base and the need for additional staffing.

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F3: The Association Board routinely retains outside counsel for assistance regarding disability retirement applications and litigation resulting from decisions about applications. Further, County Counsel provides “ongoing legal advisory services” and may represent the Association in other lawsuits. The Association does not retain outside and independent legal counsel for operational and business issues.

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F4: Association Resolution 1999/2000-2 establishes general investment objectives, qualitative guidelines, and parameters for the allocation of assets of the Employees Retirement Association. The Retirement Board has broad discretion over investments, and regularly relies on outside advisors as to specific investments. Investment portfolio performance appears to be within reasonable norms. There is no prohibition of investing in derivatives, although both futures and options are prohibited. Direct real estate investment is also not prohibited. Additionally, although the resolution does provides for a quarterly comparison of “results and risk” of investment managers, there is no apparent provision for the analysis and comparison of both direct and indirect investment expenses.

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F5: Health insurance benefits for retired employees will continue to be funded by the basic plan until the Associations health care reserves have been totally used, and, “earnings on investments are not in excess of required transfers of earnings to retirement reserve accounts”. Effective September 1, 1998, the County of Mendocino assumed responsibility for the funding of health care premiums once the above reserves are depleted.

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F6: The key financial “road map” for those responsible for the successful operation of the Retirement Association is provided by the Association’s Actuaries. The data developed by the Actuaries, and presented in their annual Actuarial Reports, should be driving the many decisions necessary to maintain the financial health of the Association.

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F7: The assets of the Mendocino County Employees’ Retirement Association funds as of June 30, 2001 alternately were: Financial Statement $147,373,404 Report to Plan Participants (By Treasurer) $169,949,917 Actuarial Report (As of 7/1/01) $157,545,000 The variance between the Financial Statement and the Actuarial Report is explained by the actuarial process of “smoothing” investment gains and losses. The 88 difference between the Financial Statement and the Annual Report to Plan Participants is explained by the fact that equities are carried “at cost” in the Report to Participants as opposed to “market” by the Financial Statement. The “at cost” numbers will tend to be more favorable in a declining equity market, and less so in an advancing equity marketplace. The Grand Jury also notes the difference between the “net market value” of assets related in the financial statement, and that related in the most recent Actuarial Report ($151,671,408). NOTE: The actuarial technique of “smoothing” is described in the June 30, 2001 Actuarial Report ( ) as a method wherein “realized and unrealized gains and losses are spread over five years, i.e. only 20% is recognized in any one year.” This is designed to level or “smooth” results and reduce the volatility of realized and unrealized gains and losses in order to be able to achieve a more rational planning process.

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F8: The level of the Associations assets is more significant when compared to the Actuarial Accrued Liability (AAL), and the resultant “Unfunded Actuarial Accrued Liability” (UAAL). This (UAAL) represents the shortfall between the benefits already earned by plan participants (Actuarial Accrued Liability or AAL), and the “present value” of the Associations assets (or Actuarial Value of Assets). The following numbers were obtained from the June 30, 2001 Actuarial Report. This is the most recent data available. Actuarial Actuarial Actuarial Unfunded Funded Valuation Value of Accrued AAL Ratio Date Asset Liability (UAAL) (AAL) 7/1/93 $ 72,062,000 $105,866,000 $33,804,000 68.1% 7/1/94 $ 75,976,000 $112,535,000 $36,559,000 67.5% 7/1/95 $ 79,322,000 $121,027,000 $41,705,000 65.5% 7/1/96 $ 84,992,000 $130,036,000 $45,044,000 65.4% 7/1/97 $124,286,000 $140,783,000 $16,497,000 88.3% 7/1/98 $134,836,000 $154,263,000 $19,427,000 87.4% 7/1/99 $142,775,000 $173,250,000 $30,475,000 82.4% 7/1/00 $150,056,000 $185,423,000 $35,367,000 80.9% 7/1/01 $157,545,000 $204,699,000 $47,154,000 77.0%

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F9: The reduction in UAAL reflected on 7/1/97 (and the attendant increase of assets) was due to the issuance of $30,720,000 Pension Obligation Bond in late 1996, the proceeds of which were given to the Association by the County in order to reduce the UAAL.

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F10: Under the 1996 ”Funding Agreement” between the County and the Retirement Association, payments by the County toward the remaining UAAL were suspended based upon the proceeds of the Pension Obligation Bond being the “actuarial equivalent of the County’s otherwise monthly payments owed to the Association for the (Suspension Period)”. An initial schedule of estimated UAAL balances, which if exceeded by 5% in subsequent actuarial valuations, compels the County “to begin funding the 90 incremental increase in the UAAL balance on a current basis without regard to the Suspension Period”.

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F11: The Unfunded Actuarial Accrued Liability is troublesome both in terms of it’s growing magnitude as well as the complexity of the forces that have created it. Indications are, that the UAAL as of June 30, 2002 will be approximately $72,500,000. If this trend continues unabated in 2003 and 2004, one cannot help but project that the County and the Association are potentially facing a staggering shortfall. 12.There appear to be many reasons for the growing UAAL. Unfortunately, the factors are complex, and are not necessarily common to each annual period. The entire process is made even more difficult by the need to project ultimate costs, (benefits), as far as 60 to 70 years in the future. The factors that seem to be driving the increasing UAAL include: * Capital losses (on equities) and less than expected dividends for the most recent several years. * Larger than expected salary increases. * New benefit levels * Lengthening life expectancy tables (1999) * The funding of health care benefits from the retirement funds. * Failure to fully retire the 1996-1997 level of UAAL with the 1996 Pension Obligation Bond, and subsequent inability to amortize the remaining balance. * And, one cannot escape the obvious conclusion, that, for whatever reasons, contributions have not kept pace with the factors that have driven up the Actuarial Accrued Liability, (ultimate benefit cost). 91

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F13: In order to compare the level of funding of the Mendocino County Employees Retirement Association with other 1937 Act Counties, we include the following most recent table of “1937 Act Counties” funding levels obtained from the California State Controllers Office, “Public Retirement Systems Annual Report” dated April 30, 2002. While the data is several years old, it does provide a sense of just how Mendocino compares with other counties. (A funded ratio of 100% means that all of the Acutarial Acrued Liability are covered by the assets of the fund.) FISCAL YEARS ENDING 7/1/98 & 7/1/99 COUNTY FUNDED RATIO A/0 7/1/98 FUNDED RATIO A/O 7/1/99 Alameda (A/O 12/31/98) 108.30 Contra Costa (A/O 12/31/98) 80.50 Fresno 106.40 Imperial 126.50 Kern 102.00 Los Angeles 99.50 Marin 96.30 Mendocino (A/O 6/30/98) 87.40 82.40 (A/O 6/30/99) Merced 78.20 Orange (A/O 12/31/98) 95.20 Sacramento 107.90 San Bernardino 116.10 108.30 San Diego 105.90 San Joaquin (A/0 12/31/97) 104.90 92 San Luis Obispo (A/0 1/1/98) 97.10 San Mateo 89.90 92.00 Santa Barbara (A/ 12/31/98) 98.70 Sonoma (A/O 1/1/97) 100.00 98.70 (A/O 1/1/99) Stanislaus 105.80 Tulare 102.10 104.80 Ventura 115.00 123.00 Average (Unweighted) 101.13 101.53 Note: The most recent funded level percentage for Mendocino (as per item 7. above) is 77.0% as of July 1, 2001.

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Recomendaciones adicionales 1

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R4: E. The Mendocino County Employees Retirement Association Board of Directors, in conjunction with their actuaries, quickly develop “preliminary” estimates of the 6/30/02 and a “pro-forma” of the 6/30/03 and 6/30/04 Unfunded Actuarial Accrued Liability numbers, and immediately present to the County Board of Supervisors for their information and budget planning processes. (Findings 6 through 12) F. The Board of Supervisors in conjunction with the Association Board and Plan Administrator develop both a tactical and strategic plan for fully funding the Actuarial Accrued Liability and, thus eliminating the UAAL. This process should include the professional exploration of other options such as CALPERS as opposed to the present independent system. While the Grand Jury has no judgement about the feasibility of such a move, it would seem appropriate to explore such options from time to time. An outside consultant would be helpful in this regard. (Findings 6 through 12) COMMENTS By continuing to carry an ongoing and increasing UAAL, the Board of Supervisors, whether intentional or not, is effectively subsidizing the County’s fiscal budget with monies that should have been allocated each year to adequately fund the Retirement Association. Additionally, it would seem that while another Pension Obligation Bond would solve the Board of Supervisors funding problem in the near term, it is only a band-aid that does not address all the forces that are driving the UAAL ever higher. It should also be noted that in so doing, the County Board of Supervisors would, again, be shifting the financial burden for past (retirement fund) liabilities to future generations of taxpayers with no guarantee that accrued future benefits would be funded on a “pay as you go”, or incurred basis. While this kind of financial “logic” is common practice at the Federal level, the Grand Jury feels that the notion of constantly pushing the payment of past obligations, (accrued benefits), into the future is a financial philosophy that is not sound for the plan participants or the Mendocino County taxpayers. Special Note: The Grand Jury wishes to acknowledge the current actions of the Pension Administrator, the Pension Board, the County Board of Supervisors and many others in defining and working toward resolving the difficult and complex problem of Unfunded Actuarial Accrued Liability. This “work in progress” is not only taking place as this report is being written, but will, of necessity, require continuing attention on an annual basis. Additionally, it is probable that by the time this report is published, there may be significant changes in the status of the problems identified and potential solutions. RESPONSE REQUIRED Mendocino County Board of Supervisors Mendocino County Employees Retirement Association Board Mendocino County Counsel RESPONSE REQUESTED Association Investment Advisor Association Actuarial Firm 96

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📋Mendocino County Jail

3 páginas 9 hallazgos

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Hallazgos & Recomendaciones 9 hallazgos

F1: The staffing is adequate for the number of inmates.

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F2: Jail improvements are ongoing.

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F3: The jail now has better facility to accommodate attorney-inmate conferences.

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F4: A library stocked with material available for G.E.D. education; self- improvement, entertainment and spiritual study is contained in a spacious 54 well-lighted area. The inmates have also the opportunity to read children stories, tape them and send the tape home to their children.

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F5: The “in-house/jail Psychiatric unit has been successful since being integrated the past (2) two years.

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F6: During the past year, security and surveillance has been up-graded.

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F7: According to the Psychiatric Department, the use of Methamphetamine is cited to be the most prevalent cause of crime in Mendocino County.

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F8: Recovery, rehabilitation and self-improvement are available through staff- counselors and guest speakers who are contract providers and background checked volunteers.

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F9: Parenting classes, alcohol and drug abuse, life skills, anger management, and religious services are offered at this facility.

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📋Mendocino County Juvenile Hall

3 páginas 4 hallazgos

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Hallazgos & Recomendaciones 4 hallazgos

F1: Mendocino County Safety Officer

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F3: Health inspection per Health and Safety Code § 10145.

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F4: County Superintendent of Schools for adequacy of education.

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F5: The Juvenile Justice Commission. H. Fire drills are conducted and documented once a month, and all fire alarms are checked once a week. I. Use of the telephone is a privilege that is earned. J. There is a $15.00 per day charge for each incarcerated youth, up to $750.00, and then parents are billed for any additional charges.

📋Mendocino County Risk Management Division

11 páginas 13 hallazgos

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Hallazgos & Recomendaciones 13 hallazgos

F1: The Risk Management Division is responsible for many insurance and related programs and functions that have the ability to affect insurance related expenses to the County. A sampling of the many programs and functions includes: a. Establishing and monitoring property and casualty insurance and reinsurance programs. b. Monitoring claims activity, including guiding the claims handling process either “in-house” (County Counsel) or by retained outside counsel, and settling claims within prescribed authority. c. Managing the Workers’ Compensation Program including the Return to Work Program. d. Administering the Health Insurance Program for County Employees. e. Safety and loss prevention services, including safety training. f. DMV State Poll Notice Program including Defensive Drivers Training

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F2: With two positions remaining vacant due to lack of funding, this office is under- staffed. Additionally, recent staff absences due to medical and maternity leave created a severe staffing shortage in which important services were curtailed. Although essential services were maintained, during these absences there was a discontinuation of loss prevention services and training, discontinuation of the creation of the modified duty program, closure of the Risk Management Department to County employees on Fridays, limited telephone hours, no “front counter” services, and limited participation in the RCRC health plan creation.

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F3: Because of the staff shortages, key Risk Management staff members frequently are distracted from their primary functions to complete secretarial tasks. For example, a Departmental Audit revealed the following percentages of time that were devoted to secretarial functions by various staff specialists. 75 a. Risk Manager - 10% b. Return to Work Coordinator - 15% c. Safety Officers - 8% d. Safety Coordinator - 15% e. Benefit Specialist - 35% Clearly, this does not represent the optimal utilization of the specialized staff members.

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F4: The most recent “Liability Claim Audit” was completed in July of 2000. While this audit did not disclose any significant problems, the dynamic nature of the claims inventory, and new claims activity, dictates more frequent claims audits.

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F5: The Risk Management Division is annually “charged” a budgetary amount of approximately $135,000 for legal and claims services that are to be provided by the County Counsel’s Office, (and budgets an additional $7,500 for additional claims expenses). The manual system used by the County Counsel’s office for tracking hours (and thus substantiating or developing budgetary charges), is cumbersome and imprecise.

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F6: While not a specific topic of review, the Grand Jury heard testimony that healthcare costs are likely to increase annually by double digits for the short to intermediate term.

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F7: A cursory review of the Liability Large Claims Inventory indicates no unexpected patterns of claims activity either as to type of claim, or expected valuations. 76

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F8: The County now purchases a fully insured Workers’ Compensation Program with CSAC- Excess Insurance Authority. This program appears to be functioning reasonably well although the renewal premium has been increased significantly.

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F9: The County is self-insured for the first $200,000 of loss (each occurrence) within the Liability Insurance Program. This Self-Insurance Program was initiated in March of 1978.

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F10: The County currently buys total liability policy limits of $25,000,000. Additional policy limits are available at generally favorable rates. One quotation, now out of date, provided an additional $10,000,000 in policy limits for $6,750.

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F11: Mendocino County Ordinance Chapter 5.62 section 5.62.010 provides for the establishment, by the County Auditor, of “a separate interest-bearing trust fund entitled: “General Liability Trust Fund.” (Ord. N. 3132, adopted 1978.) This Trust Fund is specifically designed as the depository for monies that are to be set aside primarily for incurred losses and related loss and adjustment expenses, and to include “incurred but not reported losses”. Section §5.62.040 (A) Further provides that “The balance of the General Liability Trust Fund shall remain actuarially sound at all times and at no less than the seventy percent (70%) confidence level”. The most recent Actuarial Review of the Self-Insured Liability Program for the 2003-2004 Policy Year provides the following estimates of loss and loss adjustment expense costs for the County. The costs of claims and adjustment expenses incurred in the 2003-2004 program year are projected to be $838,000. This includes both allocated loss adjustment expenses (ALAE), and unallocated adjustment expenses (ULAE), and includes claims that will be known (reported) during the program year as well as losses incurred but not reported (IBNR). Allocated loss adjustment expenses are associated with the settlement of individual and specific claims, while unallocated loss adjustment expenses are associated with all other costs that are incurred in the administration and settlement of the claims inventory, but are not attributed to a specific loss. IBNR represents the cost of losses that will emanate from occurrences during the program year, but which may well not be known for an undetermined number of years in the future. Additionally, the Actuarial Study estimates that as of June 30, 2003, the program’s liability for outstanding claims (including ALAE, ULAE, and IBNR) will be $1,603,000. The actuary (Bickmore Risk Services) further estimates the program assets at a negative ($199,000), and attributes the negative assets are “due to the fact that the program is operated on a “pay as you go” basis. The Board of Supervisors has clearly failed to comply with County Ordinance §5.62.040 (A) (requiring funding at the 70% “confidence level”) which (as of June 30, 2003), as noted in the Actuarial Report, requires that approximately $2,014,000 be contributed to the General Liability Trust Fund. The (Bickmore) Report further points out that Governmental Accounting Standards Board (GASB) Statement #10 “requires the County to accrue a liability on its financial statements for the ultimate cost of claims and expenses associated with all reported and unreported claims, including ALAE and ULAE”. The report further states, “The $1,603,000 estimate (of the programs liability for claims and expenses as of June 30,2003) is the minimum liability to be booked by the County in accordance with Governmental Accounting Standards Board Statement #10". The Grand Jury acknowledges that the above $2,014,000 is not a catastrophic financial shortfall, but does represent non-compliance with the County Ordinance, and is not a sound business practice which would dictate the accrual of funds (reserves for losses) as they are incurred rather then the current “pay as you go” practice.

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F12: The Bickmore Actuarial Report also recommends a plan for amortizing the June 30, 2003 funding deficit over a five year period (pages 2 & 3).

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F13: The Risk Manager is currently reviewing a proposal to fully insure the liability program in excess of a $10,000 self-insured retention. The proposal is from the CSAC Excess Insurance Authority for participation in their Primary General Liability Program (PGL). The cost for the fully insured program for Program Year 2003-2004 has been represented to be $581,615 with an additional deductible fund deposit of approximately $35,600. The program policy is written on an occurrence basis and would effectively eliminate the $200,000 self-insured retention, (a small $10,000 self-insured retention would remain). While the CSAC-EIA Program would provide coverage for most liability claims, it should be noted that there would be some coverages and legal expenses not afforded by this program which would, of necessity, be retained by the County Counsel’s Office. Further, it would not absolutely “replicate the legal representation provided by” the County Counsel’s Office.

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📋Point Arena City Government

12 páginas 14 hallazgos 1 recomendaciones

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Hallazgos & Recomendaciones 14 hallazgos

F1: The City is operating fiscally in the black, but City administration has expressed concern that the current recession and reduction in State revenue may present problems. The product tax from private fish companies has dwindled in recent years primarily from the reduction in the urchin fishery.

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F2: The City manages revolving loan funds in accordance with published guidelines. The City uses the self-sustaining funds for private enterprise and affordable housing.

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F3: City ordinances are not codified in a meaningful way. The City has established a goal to codify ordinances, but has not had the time or manpower to accomplish this goal.

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F4: The City is not in compliance with the affordable housing element of its General Plan. According to the General Plan, affordable housing development in the City is hampered by price and availability of real estate, land use controls, building codes, local permit processing, various special fees, environmental/site condition studies, and limitations on density.

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F5: The Grand Jury heard testimony that water pressure and capacity for fire protection to the southern end of the City in the cove area are not adequate.

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F6: The Grand Jury heard testimony that emergency equipment access to the Wharf Master’s Inn and Coast Guard House bed and breakfast is not adequate. 63

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F7: The City has recently adopted a policy for fire safety plan checks. The policy does not include systematic fire safety checks of existing buildings and businesses accessed by the public.

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F8: Policies and procedures for City elected officials, employees, commissions, and citizen’s advisory groups are not complete or organized for easy reference.

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Recomendaciones relacionadas (1)

R7: 67 Response (City Council): The recommendation has already been implemented. The RCFPD has retrieved ISO rating information, has requested a rating review, and has been reviewed. Understanding the components that contribute to a reduced (better) ISO rating, the District is steadily working towards that end (i.e. standardized training with supporting documentation, regular water testing, increased water availability, etc.) F. The City complete and gather into one compendium policies and procedures for City elected officials, employees, commissions and citizen advisory groups. (Finding 8) Response (City Council): The recommendation will be implemented in the future. This will be accomplished by June 30, 2004, with the codification of ordinances (see B above). G. The City Council allow more flexible time for public comment during meetings. To allow more time for public comment, the City consider a separate Planning Commission meeting on a different day than the City Council meeting. (Finding 9) Response (City Council): This recommendation will not be implemented because it is unwarranted. The City Council sets a five-minute limitation on public comment under Privilege of the Floor for items not appearing on the Agenda. This limitation is not often adhered to and is used as a tool to maintain order and structure if necessary. Plus, the public is able to comment on Agenda items as they are discussed on the Agenda. Written comments from the public are also encouraged. The Council did have a separate Planning Commission but abandoned it after a five-year period because it 68 was becoming increasingly difficult to find people to serve on both the City Council and the Planning Commission. It is a small town and those willing to donate time to serve on boards are few. H. The City continue its efforts to enhance the emergency services program by dialog with the Emergency Services Authority in Ukiah. The City address issue of establishing and equipping an emergency shelter. (Finding 10) Response (City Council): This recommendation has already been implemented. The VFW Hall is used as a council meeting Chamber, a court, and as an emergency operation center. During an emergency, it will become the communication point for disaster/rescue related activity. It is outfitted with a generator, phone lines, emergency radios, etc. Separate from this facility, the Point Arena High School gymnasium is designated as a Red Cross emergency shelter. I. The City decide either to continue its efforts to reinstate the Arena Rescue boat to operational status, or discontinue the program and sell the boat. The Grand Jury encourages the City to give protection of coastal resources from oil spills a high priority in making its decision. (Finding 11) Response (City Council): This recommendation has already been implemented. The City recently received grant funds to upgrade the rescue boat. It has now been upgraded and is now back in operation. J. The City adopt a minimum time period after leaving office to restrict City elected officials in regard to accepting City employment. (Finding 12) 69 Response (City Council): This recommendation will be implemented in the future. A policy will be adopted no later than December 31, 2002. K. The City establish a capital improvement program in accordance with its General Plan goal. (Finding 13) Response (City Council): This policy will not be implemented because it is unwarranted. The City Council has developed a transportation plan, the wastewater treatment plant has a capital improvements program to ensure its future viability and the pier facility doesn’t generate enough revenue to provide for a complete capital improvements schedule. Outside funding must be sought for big-ticket capital improvement items at the pier facility. The California Department of Boating and Waterways has been contacted for possible funding for hoist upgrades. L. The city comply with the Americans with Disabilities Act Comprehensive Access Plan. (Finding 14) Response (City Council): This recommendation has been partially implemented. The recommendation is vague. However, the City is currently working to install new sidewalks on a couple of residential streets that currently don’t have sidewalks. The City leases the City Hall and chambers from the County of Mendocino. Parking along Highway One (Main Street) is within the California Department of Transportation’s jurisdiction. The Pier Facility is handicapped accessible. Comment The Grand Jury commends the city government and citizenry of Point Arena on its completion and adoption of its General Plan, its efforts to establish its emergency services program, its successful petroleum and solid waste recycling program, its support of the Safe Passages program, and its sound fiscal management. The Grand Jury applauds the dedication of the virtually unpaid elected officials of the city and the dedication of its salaried employees as well. Misinformation and lack of communication between various factions of the citizenry and City government is endemic. The public does not regularly attend City Council meetings. The City Council in the past has had to appoint members because of lack of interest. The Grand Jury would remind the citizenry of Point Arena that “you get the government you deserve.” Supplemental Comments The Grand Jury attended the special joint meeting of the City of Point Arena and the Redwood Coast Fire Protection District on February 19, 2003 in which Point Arena considered the following positive steps to begin resolving the public safety issues in the Arena cove area. (1) The owners of the Wharfmaster’s Inn and Coast Guard House B&B agreed to upgrade their water storage to approximately 20,000 gallons with fire equipment access and hose connection access. 71 (2) The City of Point Arena and the owners of the aforementioned lodging establishments agreed to improve the secondary vehicle access to the Wharfmaster’s Inn. (3) The City of Point arena agreed to upgrade the main water transmission line supplying the Arena cove area, to assure adequate water pressure and volume. The plans are to be completed by August 19, 2003. (4) The City of Point Arena is to aggressively procure funding to complete the new water line. 72

F9: City Council and Planning Commission meetings reviewed and attended were in accordance with Brown Act requirements. However, citizens wishing to express concerns on various issues are allowed only five minutes.

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F10: Emergency services procedures have been implemented, but the City lacks a dedicated shelter. The City is in continuous collaboration with the Emergency Services Authority to improve the effectiveness of the emergency services program.

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F11: The rescue boat for Arena Rescue is inoperative because it needs new engines. The City is exploring the possibility of grants for new engines. At present the rescue boat is a depreciating asset because of lack of maintenance and damage from exposure to the elements.

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F12: Recently a member of the City Council resigned his position and immediately took a salaried position with the City. Although this did not violate the present policies and procedures of the City, it gave the appearance of conflict of interest. 64

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F13: The City General Plan lists a goal to establish a capital improvement plan.

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F14: Areas within the City limits are not totally in compliance with the Americans with Disabilities Act Comprehensive Access Plan. Violations include lack of handicap or wheelchair access, parking, and signs. Responses to Findings 1 through 14 No legal response received by deadline.

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📋Response: City of Willits

15 páginas 1 hallazgos

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Hallazgos & Recomendaciones 1 hallazgos

F11: However, the Department currently does track work orders utilizing a chronological/date system. The data content of the work orders (i.e., vehicle usage, excavation quantities, material use, etc.) would benefit from an improved tracking system. Creating a system that could track the work order data, as well as other administrative requirements, may prove difficult. However, implementation of a data tracking system will be evaluated utilizing Microsoft Access. Programming and setup of the system will require considerable staff time and some outside programming support. However, it is anticipated that such initial programming costs will be affordable within the current departmental budget, even though it is not specifically referenced as a contemplated expenditure during the current fiscal year. Because external support costs related to design of the tracking system will be relatively minor in nature, the Department is adjusting proposed expenditures in several line items in the current year to offset the cost of initiating this important project. Willits hire another technician and a clerical worker for the Public Works Department (

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📋Response: Westport County Water District

18 páginas 22 hallazgos 22 recomendaciones

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Hallazgos & Recomendaciones 22 hallazgos

F1: The District is current on all annual audits and bond payments. Response: Agree.

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F2: Board Meetings are in compliance with the Brown Act. Response: Agree.

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R11: Poor design and undesirable location of low-income housing can contribute to legal and social problems. Response – Agree. This finding does not relate specifically to the City of Fort Bragg. The City of Fort Bragg is fortunate to have several exemplary affordable housing developments. For the most part, the sweat-equity residences and the multiple-family developments built over the past two decades are of good design and are well-maintained. The City’s liberal policy for development of second dwelling units in residential zoning districts is an effective tool to encourage affordable housing development throughout the community. Recommendations: A. The City adopt the policies of California Government Code Sec. 65920, 15399.5 and related codes dealing with the State Permit Streamlining Act. Specifically, the City direct the Department to establish and declare timetables for action on individual permits and declare an expedited appeal process to ensure fair treatment to the applicant using existing agencies, staffs, commissions, or boards. (Findings 2, 3) Response – The recommendation has already been implemented. – 121 – The City, like all public agencies in California, must comply with the requirements of the Permit Streamlining Act (GC §65920, et.seq.) for the processing of discretionary permits. The Permit Streamlining Act does not apply to ministerial permits, such as building permits (Finding 2). It is unnecessary for the City to re-adopt State laws. GC §15399.5 pertains to the California Main Street Program and appears to be an incorrect citation. The Department has established objectives for permit-processing timeframes in the FY 2002-03 Budget. For building permits, the objective is to perform the review for zoning compliance within five days of receipt of a complete application for 80% of applications. For discretionary actions which are not subject to environmental review, the Department’s objective is to agendize at least 80% of applications for Planning Commission action within 4 to 6 weeks of receipt of a completed application. Applicants are treated fairly by Department staff and decision-making bodies (Planning Commission, City Council). As discussed in response to Finding 3, the City has an appeal procedure whereby applicants dissatisfied with any administrative or policy decision may request a hearing by the City Council. B. The City direct the Department to produce for applicants a comprehensive handout furnishing information relevant to the permit process and the appeal process. The City post this information on the City’s web site with applications and application updates. The City also post an application log and update application status regularly. (Finding 4) Response – The recommendation to produce a comprehensive handout relevant to the permit process and the appeal process and post this information on the City’s web site will be implemented in the future. The recommendation regarding posting an application log and update application status regularly will not be implemented because it is unwarranted and infeasible. As noted in the response to Finding 4, the Department is preparing brochures explaining all permitting processes administered by the Department. These will be completed by December 31, 2002 and will be posted on the City’s website shortly thereafter. The Department does not have adequate staff resources to post and maintain information on the City’s website which needs to be updated on a daily or weekly basis. Information about the status of applications is readily available to applicants by phone or at the Department’s public counter. C. The Department with the City Council produce a policies and procedures compendium for the Department (Finding 5) Response – The recommendation will be implemented in the future. The City has initiated the comprehensive update of all of its regulations pertaining to land use and development, including zoning and subdivision regulations. A consultant has been retained to perform the work, and the first public workshop was held in August 2002. The updated “Land Use & Development Code” will establish clear regulations and procedures for implementation of the City’s land use policies. A draft of the Land Use & Development will be reviewed by the Council in May 2003. – 122 – D. The Department with the City Council produce detailed job descriptions for Department employees. This is to include specific details on the scope of authority and discretion of Department in applying and interpreting Municipal Codes and ordinances. (Finding 6) Response – The recommendation regarding detailed job descriptions will not be implemented because it is unwarranted and the recommendation regarding specific details on the scope of authority and discretion of the department will be implemented in the future. The City of Fort Bragg operates under a City Council/Manager form of government. The City Manager is responsible for management and administration of all personnel and operations. Job descriptions for all positions are developed and maintained through the City Manager’s Office. As addressed in the response to Finding 6, detailed job descriptions are available for all Community Development Department employees. The Department’s function is to apply and interpret the City’s Municipal Codes and ordinances pertaining to land use and development. The extent to which discretion is used in applying and interpreting Codes depends entirely on the content and structure of those Codes. The Land Use & Development Code update process (see response to Recommendation C) will provide an opportunity for the City to review and revise its Codes to provide for more or less administrative authority and discretion. A draft of the Land Use & Development will be reviewed by the Council in May 2003. E. The City adopt a policy compliant with State Government Code Sec. 65915 through 65918 concerning mitigation of codes, ordinances, site development standards, and application of density bonus for affordable and low-income housing. (Finding 9) Response – The recommendation has been implemented. The City has both existing and proposed revised Housing Element policies which implement State Density Bonus Laws (GC §65915 et.seq.). The City’s existing certified Housing Element establishes inclusionary housing and density bonus requirements. (See attached Housing Element, Policy 2.2 and Program 2.2.a and Program 2.2.b). The draft Housing Element which currently is under review includes revised policies and programs relating to density bonus regulations. (See attached City of Fort Bragg General Plan, Housing Element, pages 119-121: Policy H-3.4; Program H-3.4.1, Program H-3.4.2; Program H-3.4.3; Policy H-3.5; Program H-3.5.1.) F. The City explore methods of insuring affordable housing development remain affordable. This may include Federal, State and County funding of permanent low-income housing and ordinances requiring commercial development include low-income housing in their projects. (Finding 10) Response – The recommendation will be implemented in the future. The City offers on-going support for affordable housing projects through the CDBG program and its Redevelopment Housing Fund. The draft Housing Element establishes new policies and programs to support the development, maintenance and retention of affordable housing in the community. (See attached City of Fort Bragg General Plan Public Review Draft- August 2002; Housing – 123 – Element, pages 112-156.). The updated General Plan is scheduled for adoption by the City Council in December 2002. G. The City adopt a policy of tasteful design and suitable location of affordable and low- income housing. (Finding 11) Response – The recommendation will be implemented in the future. The draft Housing Element establishes new policies to support development of affordable housing and includes programs to ensure that new housing is compatible with the surrounding neighborhood. These policies will be further articulated and implemented through revised Design Review standards which will be established during the Land Use & Development Code update process. (See attached City of Fort Bragg General Plan Public Review Draft- August 2002; Housing Element, pages 112-156.). The updated General Plan is scheduled for adoption by the City Council in December 2002. The draft Land Use & Development Code will be reviewed by the City Council in May 2003. – 124 – September 25, 2002 Honorable Ronald Brown Presiding Judge Mendocino County Superior Court 100 N. State Street Ukiah, California 95482 Honorable Judge Brown: Thank you for the opportunity to review and respond to the Findings and Recommendations contained in the Final 2001-2002 Mendocino County Grand Jury Report. This letter contains responses from the City of Fort Bragg as required by California Penal Code Section 933. For the purpose of simplicity, the response from each agency and officer of the City of Fort Bragg from whom response is either requested or required is incorporated in the attached comments. The attached pages provide our response to three matters reviewed by the Grand Jury. These are: “City of Fort Bragg Community Development Department and Affordable Housing”, “The Mentally Ill – A New Approach to Crisis Services” and “Domestic Violence Restraining Orders”. The City of Fort Bragg appreciates the Grand Jury’s interest in these important topics and the professional approach the Grand Jury used in completing its review and the preparation of its suggestions. We are aware that the Grand Jury shifted through a very large amount of permit application material in its review of the City’s Community Development Department permitting procedures. The Court should be aware that producing this information on the tight schedule defined by the Grand Jury required a very significant work effort for the City staff and a consequent diversion of staff time as well as cost to the City. We estimate the value of the City work effort at approximately $1,500. Given the volume of material requested from the County Building Department as our contract service provider, we estimate a similar cost to their operations. We suggest in the future that the Grand Jury consider the financial and work effort impacts to agencies of the Jury’s requests for information and support. Again, we appreciate the Grand Jury’s service and the opportunity to respond to these reports. Sincerely, Jere Melo, Mayor Z:\Agenda Item Summary Reports\2002\FB City Council\09092002 Grand Jury Letter.doc – 125 – The Mentally Ill – A New Approach to Crisis Services Response from Fort Bragg City Council (required) And from Fort Bragg Police Chief (requested)

F3: The present basic rate for water and sewer service is $83.01 per month, which provides up to 12,000 gallons of water for each residential and commercial user. Water use in excess of basic service is charged according to amount of usage. Commercial hook-ups are charged at a higher rate than residential. Response: Agree except that commercial hook-ups are not charged at a higher rate.

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F4: The District has an ongoing problem of obtaining enough citizen participation to fill the Board of Director’s position. Response: Agree.

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F5: The District has experienced a chronic shortage of revenue from lack of economy of scale. The District has aggressively pursued external grant funding. Response: Agree.

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F6: An outside contractor operating on behalf of the District has obtained a $264,000 grant to do a study of the water shed and existing system. Response: Agree except that the grant is for a water feasibility study.

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F7: The State recently awarded a grant to construct an additional water storage tank. Response: Disagree. The grant for the additional water storage tank fell through.

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F8: The District drilled a deep well, which has a high flow rate, but is unusable because of high manganese and iron content. Use of the well water requires a filtration system costing more than $100,000. Response: Agree. – 115 –

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F9: The sewage settlement ponds suffer from sediment accumulation and sewage seepage. They require dredging, draining, and lining. The District reports no funds are available for this work. Response: Agree in part. The referenced ponds are our aeration lagoons and they have diminished capacity due to erosion.

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F10: Because of a shortage of personnel, the District does not mail bills in a timely manner. The 1999-2000 Grand Jury found similar problems. The District Board responded that their policy requires bills be out by the 15th of the month and that they have developed a form with a year of payment coupons to remind customers when a payment is due. Response: Agree.

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F11: The District is authorized to charge $20 per month to owners of undeveloped and unoccupied real estate parcels. The District has not implemented billing or collection of these fees, stating they would be difficult to collect because of absentee ownership and lack of funds to legally pursue collection. Response: Agree except the District is authorized to charge $60 per year, not $30 per month.

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F12: The 1999-2000 Grand Jury found that “one large lot, which is divided into several parcels, has five RVs hooked up to one water and sewer line and paying a single rate” and recommended that “a complete review of all properties within the district, both occupied and vacant, be made to determine if the District is receiving all revenues due.” The District responded hat the recommendation was “in progress and of the highest priority.” The present Grand Jury finds that the single hook-up for several residences still exists and the Chair of the Board of Directors reiterated this two-year response. Response: Agree. This month we are sending a user use survey with the bills. This is the first step in bringing all uses into compliance.

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F13: The 1999-2000 Grand Jury found that the Waster Water Capital Reserve Fund as mandated by the California State Water Resources Control Board was in arrears and recommended that “delinquent payments be brought up to date.” The District Board responded that capital funds should come from hook up fees, but that the shortage of new hookups caused the lack of funds. The Capital Fund now shows a zero balance. Response: Disagree. The Waster Water Capital Reserve currently has $41,500. New allocated hookups will each add $3,161 to this account. New unallocated hookups will each add $8,021 to this account. In addition, we transferred $5,000 to the Waste Water Capital Reserve Fund in the 2001-2002 fiscal year. – 116 –

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F14: With the assignment of DMH personnel to the Jail and the ability of the CSC to send crisis workers to the jail after regular working hours, Jail workers believe the treatment of inmates with mental health issues has improved. Response – Agree.

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F15: There is a strong connection between mental illness and substance abuse. Clients in crisis typically exhibit a multitude of problems in addition to the ones that have brought them to the immediate crises. These include homelessness, health, employment, and childcare. DMH has recognized the multiple layers of need with the creation of a new position, Consumer Services Coordinator, with the job of ensuring that the clients receive the help needed from whatever source is available. However, some clients exhibiting aberrant behavior are sometimes shuffled back and forth between AODP and DMH. Response – Agree.

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F16: With the PHF no longer available, the need for costly transportation of patients out of the county has increased. Both the Sheriff and the DMH have standby transportation staff and/or ambulances available (if restraint is required) to transport patients to out-of- county psychiatric facilities. Response – Agree.

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F17: Redwood Coast Regional Center, DMH, and the Sheriff are collaborating in a unique grant-funded training program to bring more understanding of the relationship of law enforcement and the developmentally disabled and the mentally ill. A private training group from the Bay Area has been conducting the training. Response – Agree. On April 11, 2002 the Fort Bragg Police Department provided an instructor for a presentation on this subject matter to Critical Focus. The presentation was made at the Fort Bragg Police Department.

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F18: DMH has in place tools for evaluation, such as the Client Satisfaction Questionnaire and the California Quality of Life instrument. The Mental Health Board is planning to evaluate client satisfaction. Response – Agree.

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F19: The Grand Jury has heard testimony that the impact of the new procedures on Fort Bragg and the coastal areas of the County have been mixed. The Fort Bragg area had in place, prior to the closure of the PHF, a system for crisis response that has not changed. The Fort Bragg office of the DMH has employees to respond to crisis calls Monday to Friday 8 a.m. to 5 p.m. The County has a contract with Ford Street Project, a private non-profit human service organization, to provide crisis response during all other times. DMH supervisors are available for telephone consultation with the Ford Street crisis workers. The Ford Street Project also provides three beds for “time-out” cases in the same situations now available at the CSC. The primary change has been for §5150 cases, which require a custodial setting. Information from crisis workers on the coast – 128 – indicates without a PHF, it sometimes takes longer to find a placement for persons who must be detained under §5150 because they must be taken out of the county. Response – Agree.

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F20: There are currently three on-call crisis workers who are employed in other human service jobs. They participate in continual training and case conferences and are supervised by on-call DMH personnel. Often the crisis workers have extensive prior knowledge of the client and the needs of the case, thus facilitating decision-making. Response – Agree. The Fort Bragg Police Department works closely with the Coast Crisis Service providers and relies on their specialized training and prior knowledge of client needs to facilitate appropriate service and decision making regarding mentally ill persons.

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F21: Other partners in the process, law enforcement and hospital medical staff, at times, question the qualifications and decisions made by the crisis workers. On the other hand, crisis workers feel that police officers and emergency room staff do not understand the requirements and consequences of a §5150 detention nor the difficulty in diagnosing a mental disorder. Response –Agree. The criteria for the application of a §5150 hold for law enforcement although narrow still leaves open the possibility of differences of opinion between evaluators. It’s not uncommon that the symptoms exhibited in the presence of the first responder (usually law enforcement) are masked by the person being evaluated when he/she realizes a §5150 hold may be forthcoming. It’s important to remember that a §5150 hold is not a commitment, but is rather a vehicle to get the person in question into a professional evaluation environment. As much as it would be desirable that those evaluating the need for the §5150 hold have a uniform opinion, differences as to the suitability of a hold are likely to continue. As with most issues, the key to reducing the frustrations associated with these differences lies in effective communication.

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F22: There is no licensed holding cell or room on the coast. At times a patient will be held at the Sheriff’s substation in Fort Bragg or by the Fort Bragg Police, perhaps in the back of a patrol car, until a crises worker arrives. Response – Agree. This situation does occur, but during the past year incidents wherein this has been necessary have been reduced within the Fort Bragg jurisdiction. Our officers report that the response time for the crises worker to arrive on scene has improved. – 129 –

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R1: The Department is carrying out its various duties working to capacity in terms of personnel. Response – Agree. The Community Development Department includes three staff positions; Community Development Director, Associate Planner and Administrative Secretary. Special studies, Environmental Impact Reports and other larger planning and development policy documents such as the General Plan and Zoning Ordinance are prepared through professional service contracts. In order to assure timely processing of routine planning applications the City also uses the services of a contract planner as needed.

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R2: The Grand Jury reviewed 134 permit applications for the years 2000-2001. Of the applications reviewed the Department issued 108 permits within 30 days, 22 permits between 30 and 60 days, and four permits after six months. The four permits issued after six months involved commercial and multiple residential projects. Response – Agree. The City has not attempted to reanalyze or recalculate the number of permit applications processed. We believe that the finding accurately represents the typical processing timeframes for building permits. Using the Grand Jury’s calculations we note that approximately 80% of permits were issued within 30 days, 16% within 30-60 days and 4% longer than 60 days. Complex projects which require the preparation of an environmental impact report may take a year or more to complete processing. Typical reasons for the longer permit processing timeframes include the need to obtain discretionary approvals through the Planning Commission or the need to modify project submittals to meet Uniform Building Code requirements. The City believes that the Department’s timeframes for permit processing are generally acceptable and that they are consistent with or more expedient than other similar jurisdictions. It should also be noted that the Community Development Department is responsible for coordinating permit application review which is required through other City departments, the Fire Department and the County Building Department. For its part the Community Development Department has established an aggressive goal for timely review of 80% of permit applications for zoning consistency within 5 days of receipt of the completed permit application. – 118 –

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R3: The Department lacks a written complaint procedure for applicants unhappy with the permit process. Response – Agree in part. Fort Bragg Municipal Code Chapter 18.78 provides a procedure for any applicant who is unhappy with the result of a permit review process to appeal any decision of the Community Development Department and/or the Planning Commission. A fee for the appeal process has been established by the City Council. The Department does not have a written complaint procedure for general complaints regarding the permit process. Such complaints are routinely handled on a case-by-case basis through the Community Development Director or the City Manager as appropriate.

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R4: The Department lacks a comprehensive informational handout for permit applicants detailing pertinent aspects of the process and rights and responsibilities of parties involved. The Department states a goal to produce a handout to this effect in 2002 Response – Agree. The Department’s permit applications and pertinent sections of the Fort Bragg Municipal Code provide information to permit applicants about permit-processing procedures. These are routinely distributed to permit applicants. In addition, staff routinely provides additional specific and detailed information and interpretation to applicants as needed. The Department is currently updating its application forms and preparing information brochures for each of the planning processes it administers. While this will not be a singular “comprehensive informational handout,” the brochures will provide clear and useful information about permitting requirements and procedures. This project is scheduled for completion by December 31, 2002.

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R5: The Department lacks a written policies and procedures. Response – Disagree. The City and the Community Development Department have written policies and procedures. Policies and procedures governing the actions of all City Departments and employees are established in the City’s Personnel Regulations and Administrative Regulations. The City of Fort Bragg General Plan provides the overarching policy framework which guides land use, development review and decision-making on land use and development applications. Specific procedures pertaining to the Community Development Department’s review and processing of discretionary and ministerial permit applications are provided in the Fort Bragg Municipal Code (Title 15-Buildings and Construction; Title 17-Subdivisions; Title 18-Zoning). The Department annually establishes specific objectives for administration of its responsibilities, which are updated and approved by the City Council during the annual budget process.

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R6: The Department lacks employee job descriptions that state duties, responsibilities and scope of authority in application and interpretation of codes and ordinances. Response – Disagree, in part. The City maintains job descriptions for all City employees including the Community Development Department employees. The job description provides a summary of the position, and specify typical duties and responsibilities associated with the position. As is typical in similar agencies, job descriptions do not – 119 – specifically address each employee’s “scope of authority in application and interpretation of codes and ordinances.” Staff’s authority is identified in the relevant sections of the Fort Bragg Municipal Code. (See attached job description.)

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R7: The affordable housing element of the draft General Plan has not been adopted. If adopted as proposed, the City would not meet its existing or projected needs for affordable and low-income housing as proposed by the Government Code. There is a shortage of housing for low-income workers and seniors. Response – Disagree, in part. The City has a Housing Element which was certified by the State Department of Housing & Community Development (HCD) in 1993. HCD requires that it be updated by December 31, 2003. The City has completed a draft Housing Element update in conjunction with the comprehensive update of the entire General Plan. The General Plan and environmental impact report are currently in the public review process. Public Hearings and adoption are scheduled to occur later this year. The draft Housing Element provides policies and programs which are intended to support the development of adequate housing for all economic segments of the community. The Housing Background section of the Housing Element (Section F) identifies many housing needs, including a shortage of affordable housing and senior housing. The Housing Element identifies potential sites for development of approximately 1,192 additional housing units within the City. The Draft Regional Housing Needs Plan, which was prepared by the Mendocino Council of Governments and is presently under public review, recommends a 2001-2008 housing needs allocation of 388 units for Fort Bragg, of which 159 units are needed for low and very low income residents. Whether or not the housing goals established in the Housing Element are achieved is dependent on many factors, most of which are beyond the City’s control (see Response to Finding 8).

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R8: The lack of water and high cost of real estate have constrained the development of adequate affordable and low-income housing in the City. Secondary constraints include the scarcity of redevelopment funds, land-use controls, building codes, local permit processing, various special fees and environmental/site condition studies, and limitations on density. Response – Agree. In addition to the factors listed in Finding 8, macroeconomic factors are a major contributor to the lack of affordable housing. Limitations on the availability of capital to finance land and infrastructure development and building construction, particularly for affordable housing, has a direct bearing on the production of new housing in any community. The City has developed policies in the Housing Element update to facilitate and encourage the development of affordable housing. – 120 –

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R13: Records indicate that as many as one in four inmates housed at the Jail have mental health issues. When the PHF was closed, officers no longer had a secure facility to leave people who needed evaluation. Patrol Officers reported being out of normal service while they waited for mental health crises workers to respond to hospital – 127 – emergency rooms to evaluate and assume custody of the client. In addition, mental health or law enforcement staff time had to be increased to transport patients to out of county psychiatric facilities. Response – Agree.

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📋The Hopland Cemetery District

5 páginas 13 hallazgos

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Hallazgos & Recomendaciones 13 hallazgos

F1: The Hopland Cemetery District has not had in place any written policy, operational procedures, or job descriptions for any officers or workers of the Cemetery District. One exception is a caretaker/secretary job description authorized in 1987 and never implemented.

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F2: The Grand Jury was unable to locate and obtain all of the original burial maps and most of the records for the period prior to late 1980s. This has created a situation at the cemetery where nobody is certain exactly where everyone is buried.

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F3: Interviews with past trustees of the District show a pattern of turmoil and conflict between factions of the Hopland community. This same situation has been evident within the Cemetery District itself.

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F4: With the exception of the Grand Jury, no local government agency has direct oversight responsibility of the Hopland Cemetery District.

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F5: Most past trustees of the Hopland Cemetery District were not aware of provisions in the California Government Codes and the California Health and Safety Codes that pertain to the District.

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F6: From the end of 1999 through the beginning of 2002 the Hopland Cemetery District operated with only one trustee. California Health and Safety Codes, section §8950, requires at least three trustees and, after a vacancy exists for 90 days, section 1779 of California Government Codes gives authority to the Board of Supervisors to fill such vacancies. In addition Health and Safety Codes, section §8950.3, gives procedures and authority to the BOS to act as cemetery district trustees. During that period the public was uninformed as to when district business was being conducted, in violation of the Brown Act.

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F7: For the years 1999,2000,2001 no yearly audit to the Auditor-Controller, no yearly financial report to the Board of Supervisors and no yearly budget to either entity was turned in. State Government Codes, sections §26909 and §53901, and State Health and Safety Codes, section §8970, §8990 and §8991 require such reporting. Pursuant to section §26909 of State Government Code the County Auditor-Controller has authority to compel annual audits.

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F8: Health and Safety Codes section §8982 requires all District money be deposited with the County Treasurer. In violation the Hopland Cemetery District maintains a separate account with the Savings Bank of Mendocino County. The Grand Jury has been advised that such an account might be acceptable and proper solely as a conduit to transfer money to the County and possibly for use as petty cash. Through 1998, 39 the county auditor advised the Hopland Cemetery District to better record the activity of this account. From the end of the year 1999 through the beginning of 2002 no deposits other than tax revenue were placed in county accounts. During this period goods and services were paid out of both County and Savings Bank accounts.

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F9: No endowment care money was deposited from late 1999 through early 2002 in the County-held endowment care fund. California Health and Safety Codes, section §9005, provides that all endowment care revenues shall be deposited with the County Treasurer to be placed in this fund. The Grand Jury was unable to determine how much, if any, of the required endowment care money was collected during that time.

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F10: County records show from the year 1995 through 1999 a growing positive year-end balance for the Hopland Cemetery District’s County- held operating fund. At the end of 1999 this was $4079. By the end of 2001 the balance dropped to a $4000 deficit. This deficit still exists. The Endowment Care Interest fund also has a negative balance.

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F11: Health and Safety Codes section §8963 requires districts to prepare and maintain an up-to-date map of the cemetery and to keep a record of all remains interred, stating name, age, place of death, date of internment, plot number, and name and address of funeral director. Maps and records are missing.

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F12: State Government Code §56430 was added in the year 2000 giving LAFCO the responsibility of doing service reviews on Special Districts. Such reviews are to include, “Infrastructure needs and deficiencies”, “Evaluation of management efficiencies” and “Local accountability and governance”. Locally these reviews have not been implemented for lack of guidelines and funding.

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F13: Hopland Cemetery District payroll and expenses have been paid for without proper documentation or time cards.

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📋The Mendocino County Public Library System

7 páginas 16 hallazgos 1 recomendaciones

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Hallazgos & Recomendaciones 16 hallazgos

F1: The Mendocino County Library Director is held in the highest regard for her leadership abilities from all that were interviewed.

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F2: As of March 1, 2002 there are 41,134 current registered library cardholders comprising about 50% of the total County population of 82,685. (Cards not used for three years are discarded.)

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F3: There are 18.25 employees, total, staffing the five branch libraries and the bookmobile. This lean staffing means there is no paid backup in the event of illness or for vacations. While volunteers do some of the backup, there seems to be a decreasing number of volunteer hours to do all of the backup necessary. The impact of a 19.2% increase in library patronage along with a County hiring freeze has highlighted the insufficient staffing problems.

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F4: According to the California Library Statistics, (2002), published by the California State Library Development Services Bureau, Mendocino has 4,850 residents for each full time paid staff compared to a statewide average of 2,976.

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F5: According to the California Library Statistics, (2002), published by the California State Library Development Services Bureau, Mendocino County 44 spends only $15.03 per capita per year against a statewide average of $23.05 for library services.

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F6: According to the California Library Statistics, (2002), published by the California State Library Development Services Bureau, for public libraries serving populations of 60,000 to 100,000, Mendocino County salaries for Library Director and all staff positions fall at the very bottom of the scale.

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R15: F. The Board of Supervisors should bring the County Library salary structure into line with other library systems of similar size and provide for this in the budget. (Finding 6) Comments The Grand Jury acknowledges and especially commends the County Library Director for her skills, energy and leadership in moving the Library and Library services to levels not supported by the County budget. The Grand Jury also applauds the staff, the Friends of the Library and all volunteers for their extraordinary roll in providing such a diverse, high quality library system in spite of severe monetary constraints. Over the last few years, many major accomplishments have been achieved through strong leadership, dedicated and competent staff, and momentous community support. Response Required Mendocino Board of Supervisors Mendocino County Administrator Response Requested Mendocino County Library Director Mendocino County Library Advisory Board 49

F7: None of the County Library facilities comply with the requirements of the Americans with Disabilities Act (ADA). None of the facilities electrical systems adequately accommodate computer services and other electronics necessary to run the library system. Structural improvements and capital expenditures are needed at many of the library facilities.

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F8: Friends of the Library and Volunteers have played a significant role in support of individual county libraries. Friends of the Library raise funds in various ways to supplement the needs of their particular branch. Volunteers help relieve the pressures of staff shortages and also assist in fundraising activities. “Friends” and volunteers are truly making every effort to help.

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F9: The 2002-2003 County Library budget has been reduced a total of $85,767 from both State and County sources.

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F10: Library services from the Bookmobile were initiated in 1965 and have been a popular way of accessing the library books for residents in outlying areas. The current Bookmobile, custom built in 1995, has logged 178,000 miles and because of it’s age, is increasingly undergoing expensive repairs. There are no funds allocated for replacement at this time. The Bookmobile stops within all supervisorial districts, and additionally serves the Parlin Fork and Chamberland Creek Conservation Camps.

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F11: The Ukiah Library average usage is over 500 patrons a day. A great deal of support is given by the Friends of Ukiah Branch. The facility has had no 45 major maintenance or upgrading in 30 years and the space is insufficient for current usage levels. Moisture is present on some of the walls during rainy conditions. Parking meters in the area make relaxed parking difficult.

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F12: The Fort Bragg Library services approximately 10,000 patrons per month. The “Friends” have raised $175,000 toward remodeling the facility. The Managing Librarian has initiated many special programs and is working toward making the library a focal point in the community.

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F13: The Point Arena Library facility is extremely inadequate in most regards. The Coast Community Friends of the Library are to be commended for raising over $200,000 for the construction of a new facility. This amount however may be insufficient. Additionally, while the Grand Jury understands the Point Arena residents natural desire to have a library facility in their own community, especially given their success in raising funds and establishing a location, there remains an unanswered question as to whether the demographics support a fixed facility in Point Arena. The County should be a partner in answering this question.

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F14: The Willits Library facility is in great condition and the local “Friends” very supportive.

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F15: The Round Valley Library, a rented facility, has had negligent maintenance, the electrical system is in poor condition and tiles have been known to hang from the ceiling. For these and other reasons this library is being given special attention by the County. Friends of the Library have been paying the monthly rent but the $3,600 needed yearly for this has now been included in the revised budget for 2002-2003.

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F16: As related in the 2002-2003 Budget Report, the Mendocino County Library website, http://www.mendolibrary.org, allows patrons to access an online catalog from which they can order books and 46 have them delivered via bookmobile. The site now includes a database to search for and print magazine and newspaper articles. “Q&A Café” on the website is available for patrons to ask reference questions online from 2-9 pm daily. The website also provides current information on upcoming events at the libraries.

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📋The Ukiah Valley Water Districts

27 páginas 12 hallazgos 8 recomendaciones

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Hallazgos & Recomendaciones 12 hallazgos

F1: CCWD has no water right permits. CCWD's single well is insufficient to meet its demands, and it is out of compliance with State requirements.

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F2: With a current storage volume of 250,000 gallons, CCWD is deficient in the amount of water storage necessary to meet California Water Works Standards.

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F3: In the past five years, CUUD usage has significantly exceeded its Pre-1949 water rights during the dry season.

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F4: Based on water use in the year 2000, CUUD storage is inadequate, amounting to less than 50% of SWRCB requirements.

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F5: CUUD is exploring the possibility of using treated wastewater for the Municipal Golf Course, City Parks and the Cemetery District.

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F7: RRFCD sends water to MCWD in spite of the lack of any contractual agreement.

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F8: MCWD sells water to unauthorized users such as CCWD.

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F9: MCWD could be subject to a $500 a day fine from SWRCB due to its non-compliance with SWRCB requirements. 23

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F10: RVCWD has sidestepped contract law by using non-licensed contractors and putting them on the District payroll.

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Recomendaciones adicionales 8

No vinculadas a hallazgos específicos.

R1: Water districts have no water conservation plans to identify over-use and providing penalties for over-use.

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R2: Water districts are required to install meters for measuring water use by each water consumer.

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R3: In violation of the Brown Act, water district board members have communicated within their district and between districts by telephone, e-mail and private meetings to discuss public matters.

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R4: The water resources in the Ukiah Valley (i.e., 8,100 AF/Y of pre-1949 water) are being used in part, by agricultural consumers without cost and without measurement and controls. General Recommendations (All recommendations are of equal importance)

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R5: Install meters for all water consumers to insure accurate monthly reports to Russian River Flood Control District and the State Water Resources Control Board.

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R6: Water District board members attend Brown Act orientation program or seminar.

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R7: Establish a 5-year moratorium on any new agricultural hook-ups.

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