County of Mendocino [email protected] Grand Jury Post Office Box 629

Note: Missing finding numbers detected: F2, F3, F4, F12, F16, F17, F34

Comments 41

• CO1
  failed to maintain a chronological waiting list of applicants for VHR/SUR licenses, as required by the certified MTP; 1 In conjunction with the LUP certification in November 1996, the CCC granted a Categorical Exclusion Order that exempts single-family homes, water wells and septic systems in mapped areas of Mendocino from the need to obtain a Coastal Development Permit. 2 MTP excerpts that are relevant to licensing of VHR/SUR units are presented in Exhibit I. The timeline for certification of the Mendocino LCP is presented in Exhibit II. 3 See underlined text in Exhibit I Page 39 of 159 6/30/2008 2007/2008 Mendocino County Grand Jury Final Report
• CO2
  denied a Use Permit (required to obtain a VHR license) to at least one applicant on the basis of the CAC recommendations;
• CO3
  discouraged other prospective applicants from pursuing a license;
• CO4
  continued to distribute copies of the Mendocino Town Plan and Zoning Code that bear incorrect certification dates, and
• CO5
  have not yet revised the VHR/SUR Tables prepared in 1992 to correct mapping errors that omitted eight units that were licensed prior to that time. The Tables do not show the corrected baseline number of 53 allowable licenses. On October 2, 2001, the BOS, by order of the Chair, directed the Fifth District Supervisor to “…work with staff and interested members of the CAC, to coordinate the followup action in response to the recommendations presented by the Town of Mendocino CAC.” This appears to have resulted in a de facto VHR/SUR licensing moratorium. The Board of Supervisors (BOS) never formally endorsed a freeze on VHR/SUR licensing, and no LCP amendment application was submitted to seek CCC certification of this change in practice. Limits on visitor-serving facilities were allowed by the CCC to protect the residential character of the Town. It is not possible to estimate the impact of licensed and/or unlicensed VHR/SUR accommodations without a legal and transparent licensing process and mechanisms for enforcement of the licensing requirements. The de facto moratorium on the issuance of VHR/SUR licenses has resulted in a:
• CO6
  loss of income to property owners,
• CO7
  loss of revenue to the Town,
• CO8
  loss of the 10% Transient Occupancy Tax (TOT) to the County, and
• CO9
  drastic reduction in licensed visitor-serving accommodations that are suitable for families. In February 2008, a County long-range planning team began a review to update the MTP Tables that document the number and location of licensed VHR/SUR units. The BOS has also directed the planning team to establish processes to maintain and monitor this data and to maintain the required chronological waiting lists. Methods The Grand Jury interviewed Mendocino County Supervisors and Planning and Building Services staff and reviewed relevant documents.
• CO10
  an application to amend the certified LCP;
• CO11
  Coastal Commission certification of the amendment;
• CO12
  acceptance of the certified amendment by the BOS; and
• CO13
  filing of the certified amendment with the Secretary for Resources.
• CO14
  identify factors underlying the District’s decline;
• CO15
  document the recovery efforts by the current Intervention Team and the dedicated teachers, staff, school board members, students and other community members. Poverty and widespread abuse of alcohol and illegal drugs in Round Valley undermine family stability and are serious obstacles to the development of the community’s children and youth. Irregular school attendance interferes with learning. Strong leadership was described as the most important factor for improving the quality of the District’s schools. Jurors heard promising reports of improved staff morale and student behavior. A Parent Teacher Organization and other school/community partnerships are beginning to form. Also noteworthy, is the emphasis on expanding the number of ROP classes that engage students in hands-on learning that is directly relevant to their lives and potential future occupations. Page 95 of 159 6/30/2008 2007/2008 Mendocino County Grand Jury Final Report Repeated site visits made it clear that continued MCOE support and even broader student-focused community involvement will be needed if Round Valley youth are to reach their full potential. Round Valley has experienced many academic peaks and valleys; the challenge is to preserve the impressive but fragile gains that have been made and to achieve a high and sustainable plateau. On an early visit to Round Valley, Jurors learned of a new District-wide policy requiring the removal of hats when students are inside the school. In the short time, since the term had begun, this traditional gesture of respect was surprisingly noticeable…both in the relative uniformity of its enforcement and in the apparent willingness of most students to comply. After years of declining discipline, accountability, morale, and performance, most teachers and many students appeared to recognize the rule as symbolic of positive change. Every journey begins with a single step, and in Round Valley, the “hats off rule” may well prove to be that first critical step toward renewed respect and personal responsibility. Our hats are off to those who are making success a reality in this exceptionally challenging environment. Required Responses: Superintendent, Mendocino County Office of Education (All Findings; All
• CO16
  Shelter Cove Community Day School (Grades 6-8; 360 instructional minutes/day)
• CO17
  Lighthouse Community Day School (Grades 9-12; 360 instructional minutes/day)
• CO18
  Noyo Continuation High School (Ages 16-18; 180 instructional minutes/day) All three schools provide highly structured, individualized instruction and limited support services that emphasize positive student behavior and academic progress toward a high school degree or equivalency certificate. A low student/teacher ratio permits extra support for students whose life experiences and behavior place them at serious risk of academic and/or societal failure. The 2007-08 Grand Jury found facilities and classrooms to be clean, well organized and free of debris or graffiti. Landscape maintenance at the Lighthouse/Noyo site was not at the level observed at the District’s main campuses. Two sports courts, bond-funded four years ago, have yet to be constructed. Campus security remains a concern, particularly in view of documented student behavioral problems, gang affiliations and substance abuse. The staff relies on 911 to summon assistance in the event of an emergency. Exterior video surveillance is planned, but not yet in place. Classrooms are not equipped with interior safety locks, and some rooms lack window coverings that would shield occupants from view in the event of an emergency. Required emergency drills focus on fire and earthquake readiness; lockdown drills have not been a priority. 1 The 2006-07 Report on Lighthouse School and the FBUSD response are posted at: www.co.mendocino.ca.us/grandjury/ Page 99 of 159 6/30/2008 2007/2008 Mendocino County Grand Jury Final Report During 2007-08, the alternative schools operated under experienced interim leadership while seeking a new principal. Staff morale was markedly improved compared to the previous year, despite reports that the student population was even more challenging. The challenges and stress of working with these students was mentioned repeatedly as a factor in the high turnover of leadership, teachers and aides. Teaching students with a wide range of academic, behavioral and social issues requires skills that are not routinely taught in regular teacher education programs. The District acknowledges that …the amount of time and training available are inadequate for the demands of the job. 2 The small size and physical isolation of the Fort Bragg programs make it extremely difficult to provide an effective professional support network for both the students and teachers and for staff to access on-going skill development. Methods The Grand Jury reviewed documents, conducted two site visits to the Fort Bragg Alternative Schools and interviewed FBUSD administrators and teachers. Jurors also reviewed documents and conducted a site visit and interviews to understand the alternative school programs provided by the Mendocino County Office of Education (MCOE). Additional interviews were conducted with staff of Juvenile Probation and the County’s Alcohol and Other Drug Programs (AODP).
• CO19
  obtained information from the Alliance for Rural Community Health;
• CO20
  toured two of the six community health clinics in the County;
• CO21
  interviewed executives and staff at the two clinics;
• CO22
  reviewed budgets, books and records, inspection reports, audits, and reports made to the State and other Agencies. The Grand Jury also visited the Laytonville Fire Department and reviewed its records and statistics. Jurors interviewed management and staff regarding the ambulance service they provide to LVHC.
• CO23
  maintain the privately owned laterals that connect to the public sewers;
• CO24
  avoid routing storm water into private laterals or directly into public sewer lines;
• CO25
  use the system only to dispose of human waste and related sanitary products;
• CO26
  employ composting to dispose of food and plant waste;
• CO27
  avoid cleaning products labeled “flushable;” many are not treatable;
• CO28
  keep oil and grease, medicines and other chemicals, hair, floss, paper, fabric and all other non-soluble materials out of the sewer system. Page 144 of 159 6/30/2008 2007/2008 Mendocino County Grand Jury Final Report Human health and environmental risks and economic pressures from regulatory agencies underscore the urgent need for vigilant maintenance and capital improvements to Fort Bragg’s sewer system and treatment plant. Staffing is minimally adequate to meet current needs; any reduction will create added risks of sewer overflows and effluent limitation exceedances. The Public Works Superintendents and staff members responsible for collection and treatment of the City’s wastewater are to be commended for their professionalism and commitment to maintaining systems that are essential to the well-being of all who live, work, or visit in the area they serve.
• CO29
  During election season, the Registrar’s Office is a beehive of activity. Through the large plate glass windows, voters, eagerly awaiting election results, can watch the ballots being processed: Page 12 of 159 6/30/2008 2007/2008 Mendocino County Grand Jury Final Report checked and double-checked, tallied and re-tallied. The open windows epitomize transparency in government. The careful, competent handling of our votes by all the employees allays concern about the voting process and instills trust in the democratic process.
• CO30
  The City of Fort Bragg was not well served by Coastal Commission staff. Prevailing CCC regulations and processes are complex and poorly articulated. This, however, does not excuse the deliberate and persistent application of the uncertified LCP to local development permit applications by the Community Development Department. Jurors found substantial evidence that the Community Development Director failed to keep the City Council accurately informed about the status of the LCP amendment application and that most, if not all, Council Members were unaware that the uncertified LCP was being applied until this was brought to their attention by members of the public in April 2006. After a long and onerous process, the amended LCP now appears to be on its way to effective certification in July 2008, five years after the initial application was submitted. Even now, at least one substantive issue remains unresolved that will require further amendment. The loss of the Hazelwood Townhouses appears irrevocable. The Coastal Commission was established ostensibly to protect the coastal environment, not to preclude human habitation and necessary development. Although periodic review of Local Coastal Programs is required by law, it is effectively precluded by Byzantine rules and a process of implementation that is nothing short of Kafkaesque. Addressing malfunctioning State government entities is beyond the purview of County Grand Juries. We cede this task to our elected officials and to county and local governing bodies throughout the State.
• CO31
  Purging of evidence is a tedious job requiring much investigation. With the availability of computers, the Mendocino County District Attorney’s office could furnish the date of final disposition of a case to the Sheriff’s main evidence depository in Ukiah. This change would reduce the time required for investigation by the evidence clerks. The Fort Bragg Sheriff’s substation provides a necessary and valuable service to coastal residents. There are great expectations that the new countywide microwave system will provide reliable communications, especially for coastal law enforcement and other coastal emergency providers.
• CO32
  The Mendocino County Jail is not a great place to be, but the facility offers many programs that may make an inmate less likely to return. Especially notable, is the encouragement by staff that inmates utilize the opportunity to achieve academic and life skills. These programs may reduce recidivism. The correctional officers and their staff are maintaining a safe and functional environment for the staff and inmates. The MCJ operates under the same minimal budget as other County departments.
• CO33
  If the present escalation of juvenile incarceration continues, as the trends show, the maximum capacity of the facility will soon be exceeded. The Grand Jury is pleased with the condition and maintenance of the facility. The facility is well managed, efficient, clean and sanitary. Youth benefit from the structured schedule and the expectation of cooperation. The staff was found to be caring, and the youth were well groomed.
• CO34
  Mendocino County Probation Officers are peace officers. They carry a badge, have handcuffs, may be armed and may make arrests. Mendocino County has a small population which puts limits on DPO specialization. DPOs must cover others’ jobs during vacations, illness, training, etc. Cross training between the Adult and Juvenile Divisions is useful and should be rewarded. The Mission Statement mentions keeping the community safe, but the Department really is attempting to do the following three tasks: (cid:121) keep both the officers and the community safe, (cid:121) keep people out of incarceration—jail, juvenile hall, prison, or the California Department of Correction and Rehabilitation Division of Juvenile Justice, (formerly the California Youth Authority); (cid:121) turn probationers into law abiding citizens. Is the Probation Department achieving its goals? The Grand Jury was unable to answer this question due to a lack of reliable and complete statistics on crime trends and various types of recidivism, including: (cid:121) A person convicted of a crime who later commits and is convicted of another crime. (cid:121) A person convicted of a crime who violates parole or probation. (cid:121) A person who violates parole or probation more than once. (cid:121) A person who is convicted of a crime committed while on probation or parole (cid:121) A person who returns to incarceration. Rookie sheriff’s officers, just out of the academy, may work in tandem with another officer for six months before going out on their own. This procedure is for training and evaluation. One week of shadowing a mentor is an improvement, but does not seem to be an adequate amount of time. The episode with the out-of-warranty bulletproof vests is a major system failure. A system should have been in place to warn of the coming expiration. A stop gap system is now in place, but it falls far short of a failsafe solution. A DPO’s job is often a thankless one. A DPO II earns between $20.81 and $24.94 an hour.1 He or she is sometimes a social worker with a gun; sometimes a jailer with no jail. Usually, no one is happy to see a DPO coming. The Grand Jury recognizes that the information in this report only scratches the surface of the conditions and responsibilities of the Department. Managers and some staff report improvement in morale, while others are still concerned about trust and 1 See http://www.co.mendocino.ca.us/hr/cgi-bin/specs.pl. Page 75 of 159 6/30/2008 2007/2008 Mendocino County Grand Jury Final Report communication. The newer staff is reported to be “gung ho.” Despite budgetary difficulties and problems within the Department, the DPOs manage to do their job. The Grand Jury commends the CPO for making a very concerted effort to improve the communications, morale, and working conditions within the Department.
• CO35
  These two conservation camps appear to be well managed with dedicated staff. The facilities’ staff is to be commended for maintenance of the facilities and providing positive models for the inmates. To maintain a high degree of firefighting efficiency, the inmates need quality food and state of the art exercise equipment. The vegetable garden is vital to meeting the daily dietary needs of the inmates, and has provided valuable work experience, including the construction and maintenance of the greenhouse and garden areas. Page 80 of 159 6/30/2008 2007/2008 Mendocino County Grand Jury Final Report The inmates have the opportunity to improve their skills, while performing valuable services to Mendocino County. In addition, inmate training and educational programs may assist in reducing recidivism. We are most fortunate to have these Camps in this area. The inmates are well-trained and capable of being emergency “First Responders.”
• CO36
  The City of Willits Police Department is concerned about the possible loss of all or part of its Federal grant, Community Oriented Policing Service (COPS). Fatigue results when Officers work a 12-hour shift; safety then becomes a concern for both the Officer and the community. As with many local police agencies, newly trained officers often leave the community for higher paying jobs.
• CO37
  Working with At Risk adolescents is intrinsically challenging. In alternative schools, teachers must cover a wide range of subjects at varied learning levels while also responding to their students’ serious behavioral issues. This results in an intense working environment and vulnerability to burnout. Gang activity in Fort Bragg has escalated behavioral issues and substance abuse among FBUSD students. FBUSD is to be commended for its early prevention and intervention programs and its community collaboration to control and offset gang influences. Security measures at the alternative school sites would complement these prevention and intervention efforts. Mitigating the risk of burnout is a high priority. The prevailing sense of isolation can be addressed, in part, through professional development and by enhancing the adult presence on the alternative school campuses. Timely completion of the promised sports courts would be one positive step. Another would be for MCOE to establish the recommended learning community for alternative school educators throughout the County, using a combination of face-to-face contact and teleconferencing. District leadership and community involvement, as in the exemplary partnership between Shelter Cove and Big Brothers/Big Sisters, are invaluable to alternative school staff and their students. Page 110 of 159 6/30/2008 2007/2008 Mendocino County Grand Jury Final Report Jurors were impressed with the skill and dedication of the staff at both MCOE and Fort Bragg alternative schools, and with the observed camaraderie between students and staff. Bilingual, culturally sensitive staff members are particularly important in this setting. Staff morale at Fort Bragg was noticeably improved over last year, underscoring the impact of positive leadership.
• CO38
  The Grand Jury found that the LVHC and the MCHC offer a valuable service to the community despite their budgetary and staffing limitations. Recently, the State of California has announced mid-year budget cuts that will further inhibit the clinics’ ability to serve. Ambulance service is a necessary and valuable component of health care emergency response. LVHC is a remote clinic without access to private ambulance service. LVFD readily provides this service even with their budgetary constraints.
• CO39
  Some forms of treatment cost more than others in the short term. However, if they are effective in the long term, they will save money over the long haul. Only experimenting with treatment protocols will demonstrate this. But, a change in protocols may threaten some jobs or types of work. The branch’s regular budget largely depends on “billable minutes” to Medi-Cal and others. If clinical staff can bill for 70% of their time, the reimbursement will support the entire branch budget. If Prop. 63 treatment modes work, there is a threat to the branch’s funding. The public wants to help the mentally ill. But it doesn’t want to see them. Any Recovery Model assumes the mentally ill will be among us. That’s part of the treatment. Page 136 of 159 6/30/2008 2007/2008 Mendocino County Grand Jury Final Report Funds available for treating those with mental disorders have always been insufficient, and the mental health workers are underpaid relative to the technical skills required of them. People enter this field in spite of these obstacles because the deposit they make into their emotional bank is great.
• CO40
  Most of the concerns that surfaced during this inquiry can be attributed to scarce financial resources and deferred maintenance of an aging system. Providing an adequate supply of potable water will be an on-going challenge. End users can anticipate continuing pressure to conserve water. They would be well advised to plan for mandatory rationing during periods of drought. They may also expect periodic rate increases to cover the cost of maintaining and upgrading the system. The Fort Bragg Water Enterprise Treatment and Distribution Superintendents are to be commended for their professionalism and commitment to maintaining systems that are essential to the well-being of all who live, work, or visit in the area they serve. Page 151 of 159 6/30/2008 2007/2008 Mendocino County Grand Jury Final Report
• CO41
  Water rights are allocated by SWRCB on a first come first served basis. Because Redwood Valley voted not to invest in the dam that created Lake Mendocino a half century ago, it now has only limited winter pumping rights to water to the Lake’s water and a tenuous claim to the limited supply of “surplus” water from RR and SCWA. Hindsight is 20/20, but the Redwood Valley community must focus on the future. Wells dry up as the water table recedes. “Surplus” water may be expected to decline with further development and increased demand by primary users. Residents cannot depend on “surplus” water, especially in the dry years. Today RVW has limited options: it can use less water, get more, and/or store up to 2,800 af of the 4,900 af that it is entitled to pump during the winter months. These options are clear to see but difficult and costly to achieve. RVW’s situation is made even more difficult by numerous regulatory agencies, often with overlapping or even contradictory rules. The entire Redwood Valley community, dependent on RVW water for its livelihood and for living, must confront the water challenge and work with the Redwood Valley County Water District for solutions that benefit all.

No Responses Found 1

Government entities assigned to respond to this report. No response documents have been linked in our database.