Merced County Grand Jury
2017-2018
Findings & Recommendations
4 findings
F1:
That there was no response by LBUSD to the Grand Jury report 16-02-05.
F2:
That LBUSD has not informed the parents at Creekside Junior Middle School that the site is located in an airport flight zone.
F3:
The School Site Selection and Approval Guide of the Department of Education states under Evaluating Safety Factors that “Safety is the first consideration in the selection of school sites”, and that “in selecting a school site, the selection team should consider the following factors: (1) proximity to airports;”
F4:
The responsibilities of the school district, the California Department of Education, and the Department of Transportation Aeronautics Program, Office of Airports, concerning a school site’s proximity to runways are contained in Education Code Section 17215 (as amended by Assembly Bill (AB) 747, Chapter 837, Statues of 1999). (See CCR, Title 5, Section 140 14011(k).)
Additional Recommendations
3
Not linked to specific findings.
R1:
That LBUSD respond to the original Grand Jury report 16-02-05.
R2:
That LBUSD take appropriate action to notify parents at Creekside School that the site location is in an airport flight zone. REQUEST FOR RESPONSE(S) Pursuant to Penal Code Section 933.05, the following responses are requested. • Los Banos Unified School District respond to F1-F2 and R1-R-2 within 90 days.
R3:
MCCGJ recommends that LUBSD include a clause in its student registration documents stating that the Creekside Junior High School is located in an airport Zone C. RESPONSE FROM LOS BANOS UNIFIED SCHOOL DISTRICT “Re: Response to Los Banos Unified School District to Procedures that Govern Safety in School Site Selection Los Banos Unified School District’s Acquisition of Creekside Junior High School Site (External Investigation 16-02-05) Dear Judge Proietti: Please accept this letter as Los Banos Unified School District’s (“District”) formal response to the above referenced Grand Jury Report (“Report”) and the request in January 2018 for a formal written response. The District thanks the Grand Jury for providing it with the opportunity to respond to the report at this time, as the District was in a time of leadership transition without a permanent superintendent when the Report was first published. This response is submitted to you pursuant to Penal Code section 933.05. I have thoroughly reviewed the information and recommendations contained in the Report and respond as follows:
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Findings & Recommendations
4 findings
F1:
That the interior of the police station has not been properly maintained or cleaned on a regular basis.
F2:
That the evidence is not properly organized.
F3:
That the police yard, which holds the secured metal storage container and police vehicles, is not a fenced and gated area.
F4:
That the City of Dos Palos has no debt and has a goal to annex Midway and South Dos Palos. FOLLOW-UP On April 19, 2017, the Grand Jury made a follow-up inspection of the Dos Palos Police Station and noted the following: • The station was clean and organized. • The debris and cobwebs were removed. • The hallways were clear of clutter, and the trash receptacles were emptied. • The evidence room was organized and the floor cleared. • The guns were in the process of being inventoried and prepared for destruction. • The travel trailer had been removed.
Additional Recommendations
4
Not linked to specific findings.
R1:
That the police station is cleaned and maintained for safety on a regular basis.
R2:
That all evidence is organized and properly inventoried on a regular basis. 43
R3:
That all evidence and old guns released by the court be destroyed in a timely manner.
R4:
That the City of Dos Palos find funding to install a fence with a security gate around the police yard. REQUESTED RESPONSE(S) Pursuant to Penal Code Section 933.05, the following responses are required: • Dos Palos City Council respond to F1-F4 and R1-R4 within 90 days.
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Findings & Recommendations
5 findings
F1:
That the Voter Registrar’s office is working proactively to educate first time voters to ensure they are aware of registration and voter procedures.
F2:
That any irregularities found in the registration process are forwarded to the jurisdiction of the California Secretary of State for review.
F3:
That there is no capability for any connection between ballot counters and outside electronic interference.
F4:
That new mail-in ballot envelopes have additional security with a new signature window and are hoped to be used in the future.
F5:
That the cross-checking system for the three types of ballots prevents voters from voting more than once.
Additional Recommendations
2
Not linked to specific findings.
R1:
That the County Voter Registrar continue its outreach programs to local high schools, colleges and universities to educate new voters with regard to voter registration requirements and processes.
R2:
That the County Voter Registrar and staff continue to receive training as it is available regarding electronic security for the voting process. REQUEST FOR RESPONSE(S) Pursuant to Penal Code Section 933.05, the following responses are required. • Merced County Registrar of Voters respond to F1-F5, and R-1 and R-2 within 90 days.
Findings & Recommendations
3 findings
F1:
That the Sheriff’s Main Jail facility is outdated and is not safe for inmates or employees.
F2:
That the modernization and expansion of the John Latorraca Correctional Facility has not been funded by the County.
F3:
That the city is currently reviewing and negotiation for the purchase of land and construction of a new facility.
Additional Recommendations
2
Not linked to specific findings.
R1:
That the Merced County Board of Supervisors should allocate the necessary matching funds for John Latorraca construction in the 2018-2019 fiscal year. REQUEST FOR RESPONSE(S) Pursuant to Penal Code Section 933.05, the grand jury requests responses as follows: From the following governing bodies: • Merced County Board of Supervisors respond to F1 to F2 and R1 within 90 days • Merced County Sheriff’s Office respond to F1 to F2 and R1 within 60 days Responses are to be submitted to the Presiding Judge of the Merced County Superior Court in accordance with Penal Code Section 933.05.
R2:
That the City of Los Banos continue its process of securing property and completing construction of a new police facility within the next three years. REQUEST FOR RESPONSE(S) Pursuant to Penal Code Section 933.05, the following responses are requested. • Los Banos City Council respond to F1 to F3 and R1 to R2 within 90 days.
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Findings & Recommendations
3 findings
F1:
That because there are no bathroom facilities for the homeless, businesses within the county continue to have issues with the homeless urinating and defecating on their property.
F2:
That certain jurisdictions are taking effective measures to alleviate homelessness, including special training for law enforcement, housing services, and hygiene resources. Notwithstanding such efforts, some communities still lack resources for the homeless.
F3:
That the Grand Jury commends Bethany Community Church and Los Banos Memorial Hospital for their commitment and action in providing portable showers and restrooms for the homeless population in the City of Los Banos.
Additional Recommendations
3
Not linked to specific findings.
R1:
That communities within Merced County implement a plan to provide and maintain portable restrooms and showers for the homeless.
R2:
That all county and community law enforcement agencies provide special training for officers to effectively interact with the homeless.
R3:
That all county and community law enforcement agencies be provided with informational materials on assistance programs for distribution to the homeless. REQUESTED RESPONSE(S) Pursuant to Penal Code Section 933.05, the following responses are required: • Merced County Board of Supervisors respond to F1-F2 and R1-R3 within 90 days.
Findings & Recommendations
4 findings
F1:
That the combined Highway 59 and Billy Wright landfill facilities will have a MCRWA staff-estimated capacity to meet county landfill needs for the next 100 years.
F2:
That the landfills provide services to both Merced and several out of county agencies and private entities.
F3:
That providing services to other jurisdictions is appropriate and necessary to keep Merced County residents’ fees low.
F4:
That MCRWA now conducts weekly safety meetings with operation staff to review safety procedures. DISCLAIMER Reports issued by the Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. 30