Grand Jury Final Report 2019

Recommendations 10

• R1

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  We recommend that the TOML view the Mammoth Disposal transfer station as Phase One of their plan with Phase Two being a larger site which can accommodate the processing of industrial waste, green waste, and other programs which can be used to reduce landfill usage and reduce costs. Timeline:
• R1A

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  MCOE BOT must implement the duties and responsibilities of the Board of Trustees as a whole and as individuals, shall embrace its oversight as detailed in the State of California statutes. The MCOE BOT must begin following the Bylaws for the Governing Board which defines its policy-making role. Timeline: Immediate. 2018 - 2019 Mono County Civil Grand Jury, Mono County Office of Education Final Report
• R1B

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  It is recommended that the MCOE BOT review the current budget at the next scheduled meeting and review budget updates on a quarterly basis, beginning with the fiscal year 2019-20. Timeline: By Sept. 30, 2019.
• R2

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  It is imperative that HCCSD administer their third-party contracts offerings in the same manner each and every time. Timeline: Beginning with next round of contract expirations and/or next competitive bid cycle.
• R3

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  The Committee recommends the HCCSD review and restructure policies and procedures to ensure adequate information is communicated to allow a level of competition and fairness and to avoid any appearance of impropriety. Timeline:
• R4

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  Create and provide consistent bidding documentation and the delivery process of said documents to interested third-party service providers. Timeline: Beginning with next round of contract expirations and/or next competitive bid cycle.
• R5

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  HCCSD needs to improve its communication process and notifications for all future bidding by developing a template for the broadest possible communication to the public for any future available contracts. Timeline: Beginning with next round of contract expirations and/or next competitive bid cycle. 2018 - 2019 Mono County Civil Grand Jury, Hilton Creek Community Services Special District Committee Final Report 2018-2019 MONO COUNTY GRAND JURY MONO COUNTY OFFICE OF EDUCATION FINAL REPORT SUMMARY Each year, the Mono County Grand Jury (Grand Jury) as a whole, discusses areas of investigation to be reviewed. One area of interest agreed upon by the Grand Jury was a review of the Mono County Office of Education (MCOE). As a result, the Grand Jury began an investigation with a review of policies, procedures, and responsibilities of the elected MCOE Board of Trustees (MCOE BOT) and MCOE management. BACKGROUND The MCOE Investigative Committee (Committee) of the 2018/2019 Grand Jury received a complaint concerning the MCOE Administration and actions regarding stipends from the charter school income, and the dismissal of staff. The Committee then learned the office of Mono County District Attorney (MCDA) had completed a full investigation of the same issues contained in the complaint. The MCDA determined that there was no criminality. In addition, the issues addressed by the complaint were not in the purview of the Committee but did lead to other questions and concerns regarding administrative practices. As a result, the Committee determined an overall investigation of the management of charter schools was warranted. Per the guidelines from the California Grand Jury Association for grand jury investigative committees concerning school districts, including charter schools, the Grand Jury can investigate the administration, the financial matters, and compliance with adopted procedures, but not the curriculum, policy choices or personnel decisions. The Committee also reviewed the contractual relationship between MCOE and a charter school operator located outside of Mono County, focusing on how it benefits the students of Mono County. METHODOLOGY The Committee conducted interviews with members of MCOE BOT and MCOE staff. In addition to scheduled interviews and a review of the MCDA investigation report, the Committee reviewed budget documents, policy & procedures manuals, and existing Charter School contracts as set forth in the list below: 2018 - 2019 Mono County Civil Grand Jury, Mono County Office of Education Final Report • Mono County District Attorney investigation report of MCOE complaint from 2017. • Office of Education Board of Trustees Agendas and Minutes from 2011 to present. • Mono County Office of Education, Financial Statements and Supplementary Information with Independent Auditors' Reports. Dated June 30, 2014, and June 30, 2018. (Charter Schools are exempt from this audit report). • California School Board Association Professional Governance Standards for The Individual Trustee and The Board Guidelines Recommended Guidelines for successful governing. • Submitted Governance Policy adopted by MCOE. • Local Control Accountability Plan and Annual Update (LCAP) • CCSESA Governance Policy & Statutory Functions of County Boards of Education & County Superintendents of Schools • California State Board Schedule of Training Events available for ongoing continuing education for all Board of Trustee members and Superintendents. • Mono County Board of Education "Policy and Procedures Manual" accepted as "Bylaws of the Board". (Drafted 2002) • Fiscal Crisis & Management Assistance Team (FCMAT) Report for 2017-2018 (Verification of Charter School Exemption of Audits.) • Urban Corps of San Diego County Charter School Contract dated June 2016 & Revised December 2018. • California Education Code Sections 1000-1042. • Mono County Revenue and Expenditure Report provided by MCOE Financial Department. DISCUSSION Over a period of several months, the Chair of the MCOE Investigative Committee scheduled interviews with selected MCOE personnel and MCOE BOT members from the district. The Committee sought guidance through Mono County Counsel (MCC) concerning questions of legal counsel for Grand Jury interviewees, MCOE BOT responsibilities, if and when subpoenas should be issued, etc. Throughout the interview process, it was apparent that the MCOE Board of Trustees did not understand their authority and duties in the management of the district. In addition, the MCOE BOT does not understand their statutory responsibilities concerning the MCOE’s overall budget. The MCOE BOT views their role as advisory in nature, despite a clearly defined set of responsibilities, as per the California Legislative Information Code, Title 1, Division 1, Part 2, Chapter 1, County Boards of Education [1001-1097]. ARTICLE 2. Duties and Responsibilities [1040 - 1042] (Article 2 enacted by Stats, 1976, Ch. 1010) “County boards of education shall… 2018 - 2019 Mono County Civil Grand Jury, Mono County Office of Education Final Report (c) Approve the annual budget of the county superintendent of schools before its submission to the County board of supervisors. (d) Approve the annual county school service fund budget of the county superintendent of schools before its submission to the Superintendent of Public Instruction. http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC &sectionNum=1041.&article=2.&highlight=true&keyword=County%20boards%20 of%20education Following the interviews, additional research concerning the State of California statutes and the Education Code, with respect to the duties and responsibilities for County boards of education, was needed. The Committee researched the California Education Code Article 2, Sections 1040 and 1042, and again sought a legal interpretation and clarification of those statutes from MCC. MCC advises that “county superintendents of schools do not have independent fiscal authority. Rather, boards of education are created in each county to, among other things, exercise fiscal oversight over superintendents through review and approval of budgets and revenue and expense estimates prepared by the superintendent. In the exercise of that oversight function, boards of education may request additional information from the superintendent, request changes to the budget and/or estimate (or any items within them) and ultimately, determine whether to approve or deny the budget and/or estimates.”(See Cal. Ed. Code §1040; and see Opinion of the California Attorney General at 58 Cal.Ops.Atty.Gen 90). Upon review of the documents within the Methodology, it was determined that neither the policies and procedures for MCOE staff nor the MCOE BOT have been addressed since 2012. There is no evidence the MCOE BOT has reviewed or approved the current procedural documents pertaining to the operation and administration of the MCOE. MCOE is currently in a contract with the Urban Corps of San Diego Charter School to remotely administrate a charter school in the San Diego area. MCOE staff indicated that said contract results in additional funds for MCOE schools to be used to improve student performance for Mono County students, with minimal MCOE staff time needed for the administration of the charter school program. There are no charter schools located inside Mono County boundaries at this time.
• R6

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  The Committee recommends the MCOE BOT and MCOE staff work together to develop a statement of purpose concerning charter schools and the benefits to Mono County. Timeline:
• R7

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  The Committee recommends the MCOE staff set forth a detailed budget for the charter school, using General Accounting Principles (GAP), to include revenue, forecasted expenses, staff time, and/or any related administrative costs. The budget to be approved by MCOE BOT. Timeline: By December 31, 2019. 2018 - 2019 Mono County Civil Grand Jury, Mono County Office of Education Final Report 2018-2019 MONO COUNTY GRAND JURY SOLID WASTE COMMITTEE Final Report SUMMARY The Mono County Grand Jury (Grand Jury) conducted an investigation into the plans and progress Mono County and the Town of Mammoth Lakes (TOML) are making in response to the upcoming mandated closure of the Benton Crossing Landfill at midnight on Jan. 1, 2023. It considered the impact on Mono County, TOML, and their residents, along with future solid waste and recycling mandates coming from the State of California. (A Glossary of Terms is included at the end of this report.) BACKGROUND Los Angeles Department of Water and Power (DWP) is closing the Benton Crossing Landfill as of January 1, 2023. After that date there will be no solid waste landfill available within Mono County that takes all forms of non-hazardous solid waste. Both Mono County and TOML officials have stated they oppose any new landfills in Mono County, reflecting a nationwide trend of fewer and larger landfills. This can create a difficult situation for rural areas. Mono County will be tasked with exporting all solid waste long distances to landfills that are willing to accept imported waste. As the future of solid waste in California changes, Mono County is tasked with planning how to meet new mandates from the State of California concerning recycling, organic waste, and other diversions from the solid waste stream. METHODOLOGY The Grand Jury conducted interviews with people familiar with solid waste issues and prospective solutions in Mono County and specific to TOML, including members of the private sector as well as employees of Mono County and TOML. The Grand Jury reviewed the following documents: • Franchise agreement; TOML and Mammoth Disposal, signed 2010, extended 2015 (per Mammoth Disposal option to extend for 5 years), expires Jan. 1, 2020 • U.S. Forest Service Wood Innovations Application FY2017 • Franchise agreement; Mono County and Mammoth Disposal • Franchise Agreement, Mono County and D & S Waste • Flow Agreement; TOML and Mono County, July 20, 2016 • Mono County Request for Information, Regional Solid Waste Services • “MRF Arguments” 10-4-13 The Sheet • https://www.calrecycle.ca.gov/recycle/commercial/organics 2018 - 2019 Mono County Civil Grand Jury, Solid Waste Committee Final Report • MSWLF-Tipping-Fees-2018-FINAL.pdf • Mono County Proposed Request for Proposal, presented to Mono County Board of Supervisors March 12, 2019 • TOML Solid Waste Update, presented to Town Council, March 6, 2019 • TOML Request for Statement of Qualifications. Issued 6-3-18 • https://www.biocycle.net/2018/03/12/california-composting/ Members of the Grand Jury also attended regular Solid Waste Task Force (Task Force) meetings, open to the public, beginning in November 2018, reviewed and/or attended several Mono County Board of Supervisors meetings, and Town of Mammoth Lakes Town Council (Council) meetings. In addition, the Grand Jury conducted two transfer station facility tours: • The Mammoth Transfer Station located at 59 Commerce Drive, Mammoth Business Park, Mammoth Lakes, owned and operated by Mammoth Disposal. • The South Tahoe Refuse Transfer Station located in South Lake Tahoe, owned and operated by South Tahoe Refuse and Recycling Services. DISCUSSION All of Mono County currently uses the Benton Crossing Landfill to dispose of municipal waste within Mono County. The Benton Crossing Landfill is owned by DWP. Mono County currently operates the landfill and charges fees to help defray costs. Mono County also receives parcel fees paid by homeowners in Mono County to defray costs. Two companies currently have franchise agreements with Mono County, D & S Waste and Mammoth Disposal, to service unincorporated areas of Mono County. Mammoth Disposal has an exclusive franchise for waste collection within the TOML. Sierra Conservation Project collects recyclables from residents, multi-family units, and businesses throughout Mono County from Lee Vining south to Inyo County. Recyclables are shipped out of Mono County to various facilities that will take them. Over time the number of outlets that accept exported recyclables and the market value of various recyclables is declining. Through the investigation by the Grand Jury it became evident that there was a lack of awareness about the future of solid waste in Mono County. Even public officials admitted they were not fully educated regarding solid waste and the challenges facing Mono County and TOML associated with the imminent closure of the Benton Crossing Landfill. Mono County Mono County, in consultation with the Task Force, issued a Request for Information (RFI) soliciting interested parties for their view of the best way for Mono County to manage solid waste after the Benton Crossing Landfill closure. The two companies with 2018 - 2019 Mono County Civil Grand Jury, Solid Waste Committee Final Report existing franchise agreements in Mono County were the only respondents to the RFI. Mono County Public Works Department’s next step will be to issue a Request for Proposal (RFP), again in consultation with the Task Force and approval of the Mono County Board of Supervisors, for the operation and management of the six transfer stations in unincorporated Mono County. The winning bidder will process all waste coming into the transfer stations and be responsible to export the waste out of the county. All developed properties in Mono County, including Mammoth Lakes, pay a parcel fee to help pay for maintaining landfills and transfer stations. Single family residents pay $60 per year; commercial properties pay a fee based on their use and the waste generation associated with that use. With the knowledge of the required closing of the Benton Crossing Landfill, Mono County and TOML entered into a joint solid waste flow agreement effective through 2021 in order to set aside a portion of the parcel fees into the mandated Solid Waste Enterprise Fund. This will ensure Mono County will have funds to mitigate and maintain the Benton Crossing Landfill site before and after its closure. Mono County will be responsible for monitoring and maintaining the Benton Crossing Landfill for at least 30 years after its closure. (Past history of other closed landfills indicates this may last long beyond 30 years.) Per the joint solid waste flow agreement, Mono County returned 5% of the fees collected in Mammoth Lakes back to TOML in 2017 to help TOML with its future infrastructure expenses. The percentage rises each year through fiscal year 2021, when TOML will receive 25%. As of now, Mono County has options on the table. Whoever ends up taking over operations of the existing transfer stations in Mono County will collect the gate fees paid by Mono County franchisee(s), residents, and businesses. The decision on the amount of those fees will be made in negotiations between Mono County and the operator of the transfer stations. The collected fees will have to pay for the operation of six (6) transfer stations spread throughout unincorporated Mono County in addition to the cost of long- haul trucking and tipping fees at the receiving landfill outside of the county. Town of Mammoth Lakes Currently, all developed properties in Mammoth Lakes are required to contract with Mammoth Disposal for waste removal. This could be self-drop-off at the Mammoth Transfer Station, curbside service, or, for larger properties, dumpster service. TOML contributes about 80% of the solid waste discarded in Mono County. The TOML will need a facility to process the solid waste currently going to Benton Crossing Landfill to be exported out of the county. Currently, the only site under consideration which could be ready in time to accomplish this is the Mammoth Disposal Transfer Station. 2018 - 2019 Mono County Civil Grand Jury, Solid Waste Committee Final Report Depending on what happens with the Mono County RFP, a large portion of the solid waste from Crowley Lake could also be processed at that site. Some of Mammoth Disposal’s administrative facilities will have to be moved to another location, but they believe the existing two-acre site will be adequate to handle the TOML needs. As of this writing, engineers from Waste Connections (parent company of Mammoth Disposal) are putting together a proposal to place a Multi-use Recycling Facility (MRF) at the site. The TOML and Mammoth Disposal are negotiating the financial details of the updated transfer station and MRF. A clean MRF on the site would process recyclables. The site would also receive solid waste from the Mammoth Lakes area for transfer into long-haul trucks to be shipped out of Mono County, presumably to the Lockwood Landfill near Sparks, Nevada. TOML received a “Wood Innovations” grant from the United states Forest Service (USFS) to study the feasibility of building a biomass reactor to process the green waste coming out of USFS clean-up projects. While the primary focus of the grant is to handle green waste from USFS lands, the TOML would also use the site for processing other types of waste and mitigate the amount of solid waste needing to be transported out of the county. This would also accelerate USFS fire management programs and lessen the need to burn debris removed from local forests. The TOML had hoped to work with the USFS to locate a site on USFS land, but the time and costs associated with this option were too great. The TOML issued a Request for Qualifications for companies interested in designing the biomass reactor in June of 2017. They received three responses from interested parties, but the TOML is waiting to locate a site before they move forward with a plan. Other benefits for TOML and Mono County would be to use the site to handle other types of waste such as Construction and Demolition (C & D) waste, industrial waste, white goods, and other large items. Clean C & D waste could be processed at the site, which would reduce the amount ending up in the Pumice Valley landfill. If TOML were to choose a reactor which could also handle sludge, Mammoth Community Water District. would be able to take advantage of it for disposal of their sludge which is currently being sent to Benton Crossing Landfill. Until such an option exists, Mammoth Community Water District is planning to ship their sludge out of Mono County, most likely to Fallon, NV. Other programs such as composting, dehydration of organic waste, could be explored at the site if the project were to advance. As of the writing of this report, the TOML, having considered other sites, is moving toward locating the potential biomass reactor at the County-owned Pumice Valley site. Mono County acquired the 50-acre property from DWP in 2015, but DWP retained the water rights. The site isn’t ideal due to its distance from Mammoth Lakes and its lack of 2018 - 2019 Mono County Civil Grand Jury, Solid Waste Committee Final Report water or power, however, TOML staff and Mono County staff believe the property can be utilized to house the biomass reactor outlined in the “Wood Innovations” grant and handle other programs of the TOML and Mono County for future recycling and waste processing projects, assuming power could be brought to the site. Recycling Most of the recycling in Mono County occurs at the user level. All transfer stations in Mono County accept and process recycling, but the only buyback center is the transfer station in Mammoth Lakes. Sierra Conservation Project has a contract with TOML to service recycling bins placed in public areas around town, mostly near bus stops. Sierra Conservation Project also picks up recycling for USFS and Mono County. The State of California passed legislation (AB341 and SB1018) which requires businesses which generate more than four (4) yards of waste per week or multi-family complexes of five (5) units or more, to arrange for recycling at their site. TOML has instituted a program in cooperation with Sierra Conservation Project to place bins at multi-family complexes and are tracking which units have complied. The compliance rate is around 80%. Sierra Conservation Project has been aided by grants from CalRecycle to offset the cost of bear-proof bins. Sierra Conservation Project also serves most of the commercial businesses in town. Multi-family complexes may also manage their own recycling without contracting with Sierra Conservation Project. Commercial accounts in California are required to separate organic waste and arrange for it to be handled in an appropriate manner (AB1826). There is an exemption for rural communities from the organic waste requirement written into the bill. However, the exemption could be taken away if disposal of organic waste throughout California isn’t reduced by 50% by Jan. 1, 2020. As of 2017 (the latest data available) the percentage going to landfills has not met that goal and is, in fact, going up. Currently, California’s organic waste processing infrastructure does not have the capacity to handle the amount of organic waste which would need to be transformed to meet the state’s goals. If Mono County and TOML were to be required to meet these organic waste standards it would add significant costs to solid waste handling for commercial entities, Mono County and TOML. As California sets increasingly higher diversion and recycling goals in the years to come solid waste diversion mandates will only become more stringent. Currently, the State of California doesn’t count the incineration of recyclables such as paper, cardboard, or organic waste as diversion for purposes of compliance with 2018 - 2019 Mono County Civil Grand Jury, Solid Waste Committee Final Report statewide diversion mandates. TOML and Mono County staff are aware of this problem and are working with other rural counties to try to change the requirements to better reflect realities in rural areas such as Mono County. The carbon footprint of processing and trucking these types of wastes long distances to be dropped off at a recycling facility to then be processed once again, is potentially much greater than the more local process of feeding them to a biomass reactor which produces biochar. There are many variables in determining the carbon footprint of such a program, but it would be more effective than long distance trucking or burning of these materials. Depending on the quality of the fuel used to create the biochar it can have commercial value as a soil amendment in agriculture.
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  The Grand Jury recommends that Mono County staff support the Task Force website so that Mono County residents can be better informed about Task Force meetings and be able to engage in the process of creating solid waste policies. Timeline: October 1, 2019. GLOSSARY OF TERMS Biomass Reactor: In general, a boiler which transforms organic materials into a usable resource. BIOCHAR: A form of charcoal which is an output from certain types of biomass reactors. It is formed when organic fuel is incinerated at high heat in a low oxygen environment. The biochar stores CO which is slowly released as it decomposes over a 2 period of years. Can be used as a soil amendment or a method of sequestering CO 2 . C & D: “Construction and Demolition” waste; comprised of wood, concrete, steel, masonry, gypsum, asphalt and other building material waste. Council: Town of Mammoth Lakes Town Council. Diversion: Refers to any alternative use of discarded materials which avoids that material not being disposed of in a landfill. DWP: Los Angeles Dept. of Water and Power. Owner of the land at Benton Crossing Landfill. MRF: “Multi-use Recycling Facility,” also called Material Recovery Facility. A facility where recyclable materials can be processed. A “Dirty” MRF removes and processes recyclables from solid waste. A “Clean” MRF refers to a facility which processes recyclables which have already been removed from the waste stream. Request for Qualifications: A document issued by a business or municipality requesting a potential vendor’s qualifications to complete a certain job or project, generally issued prior to an RFP. This is similar to an RFI. RFI: “Request for Information” - A document issued by a business or municipality requesting information from potential vendors to determine their suitability to perform a certain job or project. RFP: “Request for Proposals” - A document issued by a business or municipality requesting proposals on how they would complete a specific project, generally including costs to complete the project 2018 - 2019 Mono County Civil Grand Jury, Solid Waste Committee Final Report Sierra Conservation Project: A local private recycling business that works in cooperation with the TOML, Mono County, Mammoth Disposal, and D&S Waste, Inc. Solid Waste: Can have different definitions but is generally used here to mean all discarded materials. Task Force: “Solid Waste Task Force” - is a diverse group of citizens with a stake in the operations of the Solid Waste Program in Mono County. The group is governed by a set of bylaws that were adopted in May 2015 by both the Mono County Board of Supervisors as well as the Council. Tipping Fees: Fees charged by landfills for dumping at their site. Usually charged by the ton. TOML: Town of Mammoth Lakes, usually referring to the local Town Government. 2018 - 2019 Mono County Civil Grand Jury, Solid Waste Committee Final Report 2018-2019 MONO COUNTY GRAND JURY MONO COUNTY JAIL INSPECTION Final Report BACKGROUND Penal Code Section 919 (b) requires that the Grand Jury annually inquire into the condition and management of the public prisons within the county. METHODOLOGY Members of the 2018-2019 Mono County Grand Jury (MCGJ) traveled to Bridgeport and participated in a tour of the jail facility. In addition, Sheriff Department Staff and Mono County Department of Public Works Staff were interviewed. Several documents were reviewed including the Policy and Procedures manual for the jail and the Board of State and Community Corrections (BSCC) Grant application as well as a review of the Mono County Board of Supervisors (MC BOS) Special Budget meetings of May 28 and May 29, 2019. DISCUSSION The Mono County Jail, located in Bridgeport, CA is within the jurisdiction of the MCGJ. The current jail facility was built in 1964 with further construction done in 1988. The jail is a Type II Facility which constitutes a maximum of 48 beds with a current population of 23 at the time of the tour. Recent California State legislation has resulted in more offenders with longer terms being sent to county jail facilities rather than to state prisons. This has resulted in counties housing more inmates for longer periods time and all the additional costs associated with that legislation. As stated in The Marshall Project of April 23, 2019, “...changes were also supposed to help people convicted of nonviolent crimes, by letting them serve their sentences close to home in county jails with lots of education and training programs...County spending on medicine for inmates [statewide] has jumped (to almost $64 million in 2017 from $38 million in 2010), and the cost of psychotropic medication has recently spiked. ” (1) Note: Juvenile offenders may not be housed within sight of an adult, therefore, given the space restrictions at the current Mono County facility, they are sent to other counties within California where they can be appropriately accommodated. The current number of staff, including supervising Officers and Public Safety Officers (PSO) staffing the jail facility and 911 call center located at the jail is currently at the 2018 - 2019 Mono County Civil Grand Jury, Mono County Jail Inspection Final Report minimum; there are four open positions, one for a second jail Sergeant and three PSOs. During the jail visit, MCGJ members were apprised of existing plans for a new jail to be built on County-owned land in Bridgeport on the site of the former Bridgeport Hospital. The plans for the new facility, for which the County has a $25 million grant from Board of State and Community Correction (BSCC), would replace the current jail facilities and, based on the plans for the new facility, provide potential benefits to the County and local population with an included health clinic. That clinic, to be housed, in the new jail would service both the public as well as prisoners; plans allow for the clinic and jail to be locked off depending on who is being seen by medical personnel. When an inmate is assigned to Mono County Jail, the County is responsible for their health - medical, dental, optometric, and psychiatric, as necessary. Staff is required to transport inmates to appointments as there is currently no access to health care providers in Bridgeport. The Toiyabe Health Center is used as much as is appropriate. Eye exams are scheduled in Gardnerville, which requires long periods of time for jail staff traveling with inmates off-site. There are currently no providers of psychiatric health for anyone - inmates or the public, in Mono County. Support for inmates at the jail facility includes multiple services to assist their reintegration into society and reduce recidivism, including but not limited to counseling, library access, GED program. During the tour, the staff was asked about visits by the MC BOS to assess the status and conditions of the facility.