Monterey County Grand Jury
2017-2018
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 (5)
Findings & Recommendations
8 findings
F1:
Student achievement suffers when school districts are unproductive or dysfunctional. It can be very costly and take years to address problems if the Monterey County Office of 10 What do School Boards do? The National School Board Association. http://www.nsba.org/about-us/what-school- boards-do%20 14 Education and/or California Department of Education have to step in to support or save a school district.
Related Recommendations (1)
R1:
School Boards should adopt a policy to commit to all National School Board Association best practices.
F2:
There are proactive steps that can be taken by the Monterey County Office of Education in collaboration with school boards to prevent many pitfalls of poor governance.
Related Recommendations (1)
R2:
School Boards should adopt a bylaw to make initial training and ongoing workshops mandatory.
F3:
The Monterey County Office of Education and local school boards can do more to promote effective local governance that is accountable to the community and produces better district outcomes.
Related Recommendations (1)
R3:
School Boards along with their superintendent and teacher union representatives should make annual public presentations on school district goals and student achievement.
F4:
Promoting effective local governance requires better public information, communication, and a strong commitment to board development.
Related Recommendations (1)
R4:
School Boards should provide clear, concise, and easy to find communications on their district’s goals and outcomes on their district’s website.
F5:
Although each school district has individual priorities, school boards can each make a commitment to adhering to best practices, training, and ongoing professional development when it comes to school board governance.
Related Recommendations (1)
R5:
School Boards should provide information on their district’s website about the role and responsibilities of school board members to educate parents, the public and potential school board candidates. 15
F6:
While the Monterey County Office of Education cannot dictate how school boards govern, they can provide stronger leadership in promoting a culture of effective school board governance.
Related Recommendations (1)
R6:
School Boards should provide access to informational sessions to educate potential school board candidates on the duties and commitment associated with serving on a local school board.
F7:
Information posted on Monterey County Office of Education and school district websites is insufficient and not user-friendly. It does not provide the public with adequate information about what school boards do, how to evaluate school board performance, or how assess school district outcomes.
Related Recommendations (1)
R7:
The Monterey County Office of Education should provide information sessions regarding the depth and breadth of school board service to people running for school board positions.
F8:
School boards can do better in fulfilling their responsibility to communicate with school district stakeholders.
Related Recommendations (1)
R8:
The Monterey County Office of Education and the Monterey County School Board Association should actively promote and provide the California School Board Association Masters of Governance training in Monterey County.
Additional Recommendations
4
Not linked to specific findings.
R9:
The Monterey County Office of Education and the Monterey County School Board Association should adopt options for school board training to increase attendance and engagement in school board training. For example, offer training throughout the county, webinars, or onsite training.
R10:
The Monterey County Office of Education should revamp its website in an effort to present useable information that is relevant for a public audience.
R11:
The Monterey County Office of Education and the Monterey County School Board Association should provide information about school board best practices on their website
R12:
The Monterey County Office of Education and the Monterey County School Board Association should provide information on their website about the role and responsibilities of school board members to educate parents, the public and potential school board candidates.
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Findings & Recommendations
13 findings
F1:
Large tracts of land are needed for developing the proposed law enforcement training applications, especially for constructing a full-scale EVOC and a firing range.
F2:
The 535 acres being transferred to MPC should be sufficient land to complete the proposed public safety training facilities.
Related Recommendations (1)
R6:
If the MPC Board of Trustees does not proceed on one or more of these projects, MPC should give up their claim, so the land can be transferred for other allowed and desirable purposes.
F3:
An EVOC would be highly beneficial for training police recruits, existing law enforcement personnel, firefighters, and other emergency responders throughout the County and region.
F4:
A MOUT facility would be useful for training SWAT and other law enforcement personnel throughout the County. It could also provide a useful training ground for firefighters and other first responder personnel.
F5:
Continuing to use MOUT for its original military purpose is consistent with the 2003 facility use agreement regarding public safety officer training facilities at the former Fort Ord.
F6:
The upgrades and safety features needed for the MOUT facility will be costly.
Related Recommendations (1)
R1:
The MPC Board of Trustees should determine whether or not they want to move ahead with the MOUT project.
F7:
Many law enforcement departments in the County would benefit from lower costs and travel time by creating a rifle range at the former Fort Ord.
Related Recommendations (1)
R3:
The MPC Board of Trustees should determine whether or not they want to move ahead with establishing a long-rifle range at Parker Flats.
F8:
Constructing a full-scale EVOC would be expensive. Additional funding may be needed to cover those costs.
Related Recommendations (3)
R2:
The MPC Board of Trustees should determine whether or not they want to move ahead with the EVOC project.
R4:
A current financial plan detailing the feasibility of these projects should be developed by MPC.
R5:
If the decision is to proceed on one or more projects (i.e., R1, R2, and/or R3), the President/Superintendent of MPC should appoint or hire a program manager. The Program Manager’s responsibilities should include overseeing the transfer of land, acquisition of additional funding and the construction, maintenance, and operation of those facilities.
F9:
Designating large areas within the 535 acres being transferred to MPC as greenbelts, and/or as areas to be used for solar farming, could help ensure the project has a net positive impact on the environment.
F10:
The operation and maintenance of the public safety officer training facilities would require additional expenditures.
Related Recommendations (2)
R4:
A current financial plan detailing the feasibility of these projects should be developed by MPC.
R5:
If the decision is to proceed on one or more projects (i.e., R1, R2, and/or R3), the President/Superintendent of MPC should appoint or hire a program manager. The Program Manager’s responsibilities should include overseeing the transfer of land, acquisition of additional funding and the construction, maintenance, and operation of those facilities.
F11:
The MPC Police Officer Training Academy is currently functioning without the use of the MOUT facility, a full-scale dedicated EVOC, or a firing range due to the use of temporary facilities at other locations.
Related Recommendations (2)
R1:
The MPC Board of Trustees should determine whether or not they want to move ahead with the MOUT project.
R2:
The MPC Board of Trustees should determine whether or not they want to move ahead with the EVOC project.
F12:
An EVOC facility and trainers near to the MPC Police Officer Training Academy, where driving-related training and remediation would occur, could reduce training expenses. 9
F13:
The development of the EVOC and MOUT MPC training facilities at the former Fort Ord has been under consideration for more than 20 years.
Findings & Recommendations
12 findings
F1:
Homelessness is a bigger problem in the County than the biennial homeless census would suggest.
Related Recommendations (1)
R1:
Elected County and City officials should provide government leadership to address homelessness.
F2:
The County’s homeless problem has the potential to get worse if we do not invest in accessible housing solutions. Growing housing insecurity will only increase demand on our underfunded, over-stressed public services.
Related Recommendations (1)
R2:
The County and its Cities should form an accountable leadership body that has the power to oversee a regional approach to ending homelessness and address housing insecurity in Monterey County.
F3:
The County’s strategy for addressing homelessness needs a clearer focus, accountable leadership, and enhanced capacity.
Related Recommendations (1)
R3:
The County and its Cities should enter into a binding, enforceable agreement, such as a Memorandum of Agreement, to secure commitment to the plan and ensure responsibilities of each jurisdiction.
F4:
Structuring the Continuum of Care administrator as a 501(c)3 nonprofit organization is conducive to securing funding and coordinating homeless services. However, a nonprofit organization cannot establish public policy and planning needed to end homelessness.
Related Recommendations (1)
R4:
The Lead Me Home Leadership council should clearly define its purpose and goals.
F5:
The County has unofficially established the Coalition of Homeless Service Providers as the central organization for addressing homelessness. Making any non-profit the center of homeless solutions effectively creates the perception there is governmental leadership when there is, in fact, no formal political leadership. This arrangement provides elected officials with a way to avoid accepting political responsibility for addressing homelessness.
Related Recommendations (1)
R5:
There should be a clear distinction between governance of the Continuum of Care—as an integral part of the broader strategic plan— and the leadership body charged with implementing a regional strategic plan to end homelessness.
F6:
The Coalition of Homeless Service Providers is a small nonprofit that does not have sufficient capacity to administer the County’s strategic plan to end homelessness and its continuum of care for both Monterey and San Benito counties. It does not provide political leadership to coalesce public support and government commitments around a concrete action-plan to end homelessness.
Related Recommendations (1)
R6:
If the County effectively exerts control of Coalition for Homeless Service Providers through the Leadership Council, then the County should clearly define the purpose and role of the Coalition for Homeless Service Providers. It also follows that the Coalition for Homeless Service Providers should be adequately funded and staffed in proportion to its level of responsibilities with respect to securing resources and performing services for the county.
F7:
The composition of the Leadership Council and its location within the Coalition of Homeless Service Providers has affected the focus of the leadership council. The Leadership Council’s critical opportunity of generating and executing a strategic plan to end homelessness has narrowed to providing oversight of the Continuum of Care.
Related Recommendations (1)
R7:
The newly created regional leadership body (see R2) should update and implement a regional strategic plan to end homelessness by defining its purpose, goals and assessments to measure and track progress.
F8:
The structure of the Leadership Council does not provide authority to design and execute a regional plan to end homelessness, and it does not support full public accountability for meeting stated targets.
Related Recommendations (1)
R8:
The strategic plan should be revisited annually using outcome measurements to evaluate and adjust strategies for meeting goals. 16
F9:
Political leadership is necessary to secure public support, enact policy and planning decisions that capitalize on state legislation, and execute a regional homeless plan. 15
Related Recommendations (1)
R9:
Reports that assess which goals are, or are not, being met should be generated and made publicly available.
F10:
Government decision-making is essential for making choices about resource commitments.
Related Recommendations (1)
R10:
The new regional leadership body should produce a transparent consolidated budget to maximize resources and identify expenditures. All municipalities should demonstrate their commitment to the regional plan to end homelessness in an equitable, or proportionate, manner. 17
F11:
To meaningfully change the course of homelessness and housing insecurity, there must be a regional approach to homelessness and the creation of a new governing body with the power to oversee implementation of the plan.
F12:
The strategic plan to end homelessness serves as an informal guide rather than a definitive regional plan. It needs to be updated and fully implemented.
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Findings & Recommendations
15 findings
F1:
The lack of signage on Hitchcock Road poses a safety hazard for traffic approaching the turn to the animal shelters from South Main Street.
Related Recommendations (1)
R1:
The City and the County should determine responsibility14 for signage and install a sign on the northeast side of Hitchcock Road an appropriate distance from the intersection with the shelter access road.
F2:
The purpose statements included in the budgets of the two entities are appropriate and recognize the importance of public service. The County statement focuses on rabies control and health concerns. The City statement focuses on return and placement of lost and unclaimed animals. When considering the two shelters as totally separate entities both statements are relevant and appropriate. However, fundamental differences may impede the consolidation process.
Related Recommendations (1)
R2:
The City and the County should bring together the entire staff from both shelters for the purpose of developing a single statement of purpose.
F3:
The Pilot Project will impose greater responsibility on the County Operations Manager and the Animal Services Administrator.
Related Recommendations (1)
R3:
The County should fill the position of Operations Manager.
F4:
The difference in staffing of Animal Control Officers is considered reasonable because the County is patrolling a much larger geographic area than the City.
Related Recommendations (1)
R4:
The City should review the duties currently assigned to the Police Services Administrator and, if necessary, reduce the scope of currently assigned duties.
F5:
The City provides services for an animal population 38% greater with an overall staff that is 39% smaller than the County.
Related Recommendations (1)
R5:
As part of the Pilot Project, staffing levels at both facilities be reviewed.
F6:
It is unlikely that animal care and maintenance at the City shelter could be maintained at an appropriate level without the volunteer program.
Related Recommendations (1)
R6:
Future consolidation should include methodology for current employees of either entity to compete in promotional examinations for vacancies at either shelter.
F7:
County Animal Control personnel have career ladders providing greater promotional opportunities than the City.
Related Recommendations (1)
R7:
Regardless of the outcome of the MOA and the Pilot Project, City and County staffing levels and procedures should be reviewed
F8:
Both shelters have the physical capacity to shelter more animals.
Related Recommendations (1)
R8:
Regardless of the outcome of the MOA and Pilot Project, the City and the County should contact incorporated cities which are not currently under contract, to determine if their animal shelter needs could be met by either entity. If so, contracts should be pursued. While both shelters are within the City limits; it is unclear what part of Hitchcock Road is within the City limits, if any. 20
F9:
Given that the preponderance of cats coming into the County shelter are strays, and the preponderance of outputs are through euthanasia, it is likely the county would benefit from a more aggressive spay/neuter program coupled with more education and outreach regarding owner responsibility.
Related Recommendations (1)
R9:
The County should consider the advantages and disadvantages of a feral cat spay/neuter program, and begin returning neutered feral cats to the field when appropriate.
F10:
Access to the Pet Harbor website is much simpler from the City website than from the County website.
Related Recommendations (1)
R10:
The County should review and streamline access to the Animal Services website.
F11:
Cat cages at the City shelter, which were replaced in 2013-14, provide greater cleaning efficiency and less stress on the cat than the older-style County cat cages. 19
Related Recommendations (1)
R11:
When County cat cages require replacement, the County should purchase reconfigurable cages.
F12:
If successful, the combination of services at the two shelters should result in less public confusion when looking for a lost animal or preparing to adopt one.
Related Recommendations (1)
R12:
A copy of this report should be provided to the Animal Services Administrator.
F13:
If successful, the combination of services should result in greater effectiveness, efficiency and consistency of procedures for both the City and County.
Related Recommendations (1)
R13:
The Jury requests that copies of both the 5 and 8-month written reports be provided to the Monterey County Civil Grand Jury impaneled as of the date of the release of the reports.
F14:
The MOA and resulting Pilot Program are positive steps toward consolidation of Animal Control Services.
Related Recommendations (1)
R14:
The Jury requests the County and City invite other incorporated cities to join with them in developing a Joint Powers Agreement or Joint Powers Authority so that a separate legal entity could be established to provide animal control services to all jurisdictions within the County.
F15:
Success of the Pilot Project will be dependent, at least in part, on having the day-to-day operations of the separate shelters handled efficiently with sufficient time available to support the efforts of the Animal Services Administrator throughout the period of the Pilot Project.
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Findings & Recommendations
15 findings
F1:
Inspired by the prospect of significant revenue for the City, the project was pursued without due diligence.
F2:
Committing City funds without having done an investigation of the developer, without adequate deposits and without a firm contract for reimbursement, exposed the City to a potential liability of several hundred thousand dollars.
Related Recommendations (1)
R1:
The City of Pacific Grove should hold “lessons learned” sessions with a facilitator skilled in municipal operations, to critique the Project Bella experience in order to avoid making the same mistakes in future developments.
F3:
A lack of transparency contributed to the public criticisms and allegations of financial malfeasance. 16
Related Recommendations (2)
R1:
The City of Pacific Grove should hold “lessons learned” sessions with a facilitator skilled in municipal operations, to critique the Project Bella experience in order to avoid making the same mistakes in future developments.
R8:
The City of Pacific Grove should develop a policy to improve the transparency of its communication with its citizens.
F4:
The lack of clearly defined systems and procedures that were consistently followed contributed to public criticism of the City administration.
Related Recommendations (2)
R1:
The City of Pacific Grove should hold “lessons learned” sessions with a facilitator skilled in municipal operations, to critique the Project Bella experience in order to avoid making the same mistakes in future developments.
R7:
The City of Pacific Grove should develop a comprehensive policies and procedures manual that clearly describes the duties of all employees.
F5:
The allegation that $50,000 of City funds had been misappropriated resulted from the City’s failure to correctly record a check for that amount that was paid for Project Bella by David Armanasco. This allegation was shown to be incorrect.
F6:
The City lacked adequate procedures to account for employee time by project.
Related Recommendations (1)
R6:
The City of Pacific Grove should develop procedures that would track employee time by project.
F7:
The City lacked adequate procedures to track documents.
Related Recommendations (1)
R5:
The City of Pacific Grove should develop procedures that would enable document tracking.
F8:
A lack of appropriate controls on the part of the City administration contributed to unreimbursed costs of more than $101,402.47 to the City.
F9:
In the Jury’s opinion, it appears that Mr. Harvey had an advantage in competing for the position of City Manager.
F10:
In the Jury’s opinion, the City Manager, Mr. Harvey, displayed a lack of sensitivity to the appearance of a conflict of interest created by joining Jared Ficker’s group membership in Surf Air.
Related Recommendations (2)
R2:
The City Council should review and revise Mr. Harvey’s employment contract to clearly spell out the limits of his travel allowance. 17
R3:
There should be a sunset date for the reimbursement for Mr. Harvey’s personal travel to Southern California.
F11:
Mr. Harvey’s relationship with members of the Domaine organization resulted in an allegation that he was receiving gifts from Domaine.
F12:
Mr. Harvey did not receive the membership in Surf Air from Domaine, as was alleged in a citizen complaint.
F13:
Mr. Harvey did not pay for Surf Air for two separate three-month periods.
Related Recommendations (2)
R2:
The City Council should review and revise Mr. Harvey’s employment contract to clearly spell out the limits of his travel allowance. 17
R3:
There should be a sunset date for the reimbursement for Mr. Harvey’s personal travel to Southern California.
F14:
The cost of Mr. Harvey’s flights to Southern California on Surf Air was substantially greater than the average cost would have been for commercial flights.
Related Recommendations (3)
R2:
The City Council should review and revise Mr. Harvey’s employment contract to clearly spell out the limits of his travel allowance. 17
R3:
There should be a sunset date for the reimbursement for Mr. Harvey’s personal travel to Southern California.
R4:
Travel of City of Pacific Grove employees should be reimbursed at the lowest practical cost.
F15:
The April 19, 2016 re-zoning allows for hotel use at the American Tin Cannery site in the future.