Grand Jury – Final Report 2006-2007

The planning and implementation of the development of North Natomas, and the push to develop to the Sutter County line, constitute the fiscalization of land use. In May 1986, the city rejected the no project alternative (Alternative A) and the limited development alternative (Alternative B) for fiscal reasons. The city noted when it made findings on May 13, 1986, (Resolution No. 86-348, adopting findings of fact and statement of overriding considerations supporting the NNCP and conforming to the general plan amendments), that the North Natomas area was going to grow in the unincorporated areas and other places in the region and that the city would not fiscally benefit unless it allowed the development to proceed on land within the city with full build out in the entire Natomas basin. 27

There is no information currently being provided to the California Central Valley Regional Water Quality Control Board as to the content of the water, sediment and soil in the drainage detention basins in North Natomas. The city may be allowing untreated surface water containing pollutants, such as pesticides, to reach the Sacramento River.

The plans to evacuate the area in case of a flood event are still being developed. However, to ignore the advice of DWR and to continue allowing building in the Natomas flood plain after the city has been put on notice that it does not meet the minimum flood protection status, raise the question of potential responsibility for flood related damages and loss of life.

The current SAS policy for allowing individuals to elect not to be notified of an impending emergency does not demonstrate a realistic understanding of an emergency situation.

The City of Sacramento has entered into an unknown number of agreements with the developer of the railyard and others related to the development of the railyards. 7 2

Have the various fiscal devices that the city used to assist the developers provided a clear audit trail to determine that builders/developers did what they were supposed to do with the money and in a timely and proper manner? The audit report should be made readily available to the public at the same time it is given to the city. Finding 2. There is no information currently being provided to the California Central Valley Regional Water Quality Control Board as to the content of the water, sediment and soil in the drainage detention basins in North Natomas. The city may be allowing untreated surface water containing pollutants, such as pesticides, to reach the Sacramento River.

Has the development enhanced the city’s ability to attract major industrial employers?

Does the area contain optimum amounts of land devoted to parks, recreational facilities and open space?

What has been and will be the fiscal impacts of the development on the city, i.e., is the revenue derived from the development supporting not only the capital cost of the infrastructure required for the development, but also the ongoing cost of maintaining that infrastructure including the development and maintenance of the regional park?

Do the actual tax revenues generated by the development of North Natomas provide an ongoing revenue surplus for use throughout the city?

Has the jobs-to-housing ratio goal of 60% been achieved?

Exit interviews with inmates

Cameras and other technology

Screening and classification of inmates 8

Access to medical care

Management and supervision of officers The audit also examined other aspects of jail operations including:

Complaints/grievances

Experience levels of the staff The report that was submitted in June 2006 directed the Sheriff and County Executive to “evaluate the consultants’ recommendations and report back on said recommendations and possible implementation in approximately 90-120 days.” On October 31, 2006, the Sheriff’s Department submitted to the Board of Supervisors its response to the jail operations audit. The jail management agreed with all 38 of the audit recommendations and described how they would comply with each recommendation. Interested individuals can obtain a copy of the audit and/or reply by contacting the Board of Supervisors or the Sheriff’s Department. Sacramento County Juvenile Hall

The committee toured the Sacramento County Sheriff’s Office, Sacramento Police Department and Elk Grove Police Department communication centers. The committee also sent an extensive survey to each communication center regarding equipment, interoperability, staffing, training, call volume, budget and potential consolidation with other centers. The response to the surveys, and information gleaned from meetings with officials who staff the various facilities, indicated that the Sacramento County local law enforcement authorities have adequate systems and network security, as well as good disaster recovery plans in the event of a system breakdown. All of the centers appear to be making effective use of COMMLINK, a tool which allows dispatchers to patch multiple law enforcement agencies on various radio platforms. The total annual costs of operating the six centers is approximately $20 million, although this is difficult to estimate since each jurisdiction uses different accounting factors in determining costs. There is a wide variance in the physical facilities that house the computer equipment and personnel. The Cities of Sacramento and Elk Grove have new facilities which opened within the past two years that are state-of-the-art insofar as providing a good work environment is concerned. The City of Sacramento facility, for example, has gym facilities and rest areas for employees which may help reduce the stress inherent with the job. Sacramento also has up-to-date facilities for training employees for operations in the other five centers. The County of Sacramento Sheriff’s communication facility will soon have a much needed upgrade, when the move from a downtown location to a renovated building in the south county is completed. The committee observed what appears to be a duplication of efforts and dollars spent on providing identical services to the county’s population. For example, use of the City of Sacramento Police Department training facilities by the other five jurisdictions would eliminate the need for each center to have its own training facility. Wage competition between the different centers can be costly, as there have been incidents in the past where workers leave one facility for another to gain better wage and benefit packages, causing staff turnover. Ongoing improvements in technology will result in each center’s likely purchase, at great expense to taxpayers, of the newest technology, when centralization or consolidation of computer upgrades may reduce costs. 2 The committee recognizes that there are strong political considerations that cause the highest level managers of each of the six communication centers to maintain and preserve their independence, as well as protect their interest in hiring and managing their own employees. However, it appears that costs will increase and the duplication will continue as more areas become cities and open their own communication centers. The committee proposes that the County Board of Supervisors and each of the mayors and councils of the five city jurisdictions should establish a commission or a study group for the purpose of determining the possibility of cost saving measures that could be obtained by merging and consolidating any one or more of the functions of the communication centers. Election Observers Panel Prior to the November 7, 2006, general election, grand jurors met with the Registrar of Voters (Registrar) and other officials of the Sacramento County Department of Voter Registration and Elections for a briefing on the conduct of elections generally, and specifically, polling place operations. Thereafter, grand jurors took advantage of opportunities to participate in precinct officer training sessions, and served as precinct observers. Over 40 polling sites were visited by Grand Jury members during polling hours on Election Day to observe election officials and precinct procedures, and to interview voters about their voting experience. Grand Jury members who visited these polling places reported that overall, the Registrar did an effective, efficient job in providing polling places, conducting the election, and collecting and counting ballots. For the November 2006 election, there were 624,444 registered voters and 368,162 (or 58.95%) actually voted. Of these, 184,815 cast absentee ballots, and 183,347 voted in person at one of 500 precincts. The ballot for this election was particularly long, as there were contested and uncontested races for federal, state and county offices, as well as special districts (e.g., school boards, and utility, flood control and other special districts); and there were at least 17 propositions on many Sacramento County ballots. There were 178 different ballot types required to take into account election variances in different geographical areas of the county. The Registrar conducts many voter registration programs, including outreach efforts to potential voters in county high schools. The Registrar also conducts outreach and educational programs for those interested in casting absentee ballots. The Registrar conducts mandatory training programs for precinct officers and teams of four or more precinct workers, and distributes an extensive manual with “how to” and “what if” text and photographs, as well as the hands-on opportunity to operate new electronic ballot marking and tabulation equipment. Voting throughout the county involves the marking of a paper ballot, appropriately preserved as a paper trail that is then electronically counted and tabulated. The county also uses AutoMARK voter assist terminals, a ballot marking system designed to provide privacy and accessibility to voters who are vision impaired or have a disability or condition that would make it difficult or impossible to mark a ballot in the usual way. This technology also provides language assistance to voters who are more comfortable speaking a different language or who need help to better understand written instructions. The Grand Jury did observe some problems and “glitches” in the absentee voting process and at polling places. For example, due to breakdown in communications between the Registrar, the 3 printer, and a mailing contractor, some citizens were initially sent an absentee ballot that did not contain a correct listing of candidates and propositions for their particular precinct, but this was quickly corrected by new mailings in all questionable areas, and strong liaison with local newspapers reminding voters to check identification numbers on their ballots to assure the correct precinct candidates and propositions. In addition, there was concern that the long ballot weighed over an ounce, therefore requiring additional postage, but to the Registrar’s credit, arrangements were made with the post office guaranteeing the processing of all under-stamped ballot return envelopes to be delivered at the county’s expense, thereby assuring the right to vote for those few who did not use the appropriate postage. During the course of polling place voting, there were occasions when some questions regarding proper registration and voters’ arrival at the incorrect polling place were raised. However, the Registrar provided telephone hot-line services, that were an effective way of resolving problems, and if not immediately resolved, a provisional ballot process was implemented. There were occasions when electronic vote count and tabulation scanners, and AutoMARK machines, did not appear to work properly, but for the most part, these problems were quickly remedied by either experienced precinct officers, or immediate technical assistance from the Registrar by a mobile team of experts. All polling sites appeared to be handicap accessible. Some polling sites had inadequate parking space, long wait times to obtain ballots, and an inadequate number of polling booths, but the Registrar has made assurances that attempts will be made to remedy these sometimes unpredictable problems. Poll workers were helpful and knowledgeable in providing assistance to voters and voters responded favorably to inquiries regarding their voting experience. The County Registrar’s Office, staffed by 36 full-time and 75 temporary employees and over 4,000 paid volunteer workers, lived up to the motto: “We proudly conduct elections with accuracy, integrity and dignity.” Criminal and Juvenile Justice Committee The role of the Criminal and Juvenile Justice Committee (CJJ) is to review and investigate complaints regarding the criminal justice agencies within Sacramento County. Through the annual inspection of correctional facilities and investigation of criminal and juvenile justice issues, CJJ ensures that the agencies comply with specific policies and procedures. During the year, CJJ received 25 complaints from citizens. Ten of the complaints were investigated. Of the complaints investigated, two reports were issued by the full Grand Jury and are included in this final report. Complaints investigated, but not reported on, included law enforcement violations of rights, abuses and retaliation(s), District Attorney’s Office hiring practices, and California State Prison mishandling of legal mail, including a missing IRS refund check. CJJ also arranged the Grand Jury’s mandatory tours of correctional facilities. The California Penal Code section 919(b) requires that the Grand Jury inquire into the condition and management of the prisons. CJJ provided the full Grand Jury with a briefing prior to most visits. During its tours, the Grand Jury was briefed by correctional staff and spoke with staff, wards and inmates. The Grand 4 Jury toured the facilities, inquired about medical services, educational and vocational programs, and observed facility conditions. In addition to the two formal reports on Rio Cosumnes Correctional Center and the Sacramento County Work Release Facility, which are set forth herein, the Grand Jury also toured the following facilities commented on below. California State Prison, Sacramento

The Grand Jury toured the facility including the kitchen, classroom, housing units and administrative segregation unit. Interviews were conducted with an Associate Warden, the Appeals Officer, a Captain and the Warden. In response to complaints received by the Grand Jury, jurors interviewed inmates. The Grand Jury also received a status briefing from the on-site liaisons for Coleman, Plata and Perez, the three lawsuits3 which put prison medical, dental and mental health services in federal receivership. The Grand Jury was advised that the prison provided for several vocational and academic programs. Two of the academic and vocational programs of note are: Arts in Corrections Program (AIC) and Career Technical Education-Carpentry Program. The AIC is a multi-disciplinary instructional fine arts program that provides opportunities for inmates to participate in hands-on experiences in a variety of fine art and fine craft disciplines through the presentation of classes, workshops and performances. Beyond learning an art skill, the anticipated outcomes of the program include, but are not limited to, the development of communication skills, increased self-motivation, ability to complete tasks and projects, development of critical thinking and creative problem solving skills, ability to receive and give constructive criticism, and an overall increase in self-esteem. The Career Technical Education-Carpentry Program had a graduation for 12 inmates from CSPS at the Modular Building Enterprise on February 13, 2007. This is the second class to graduate. The inmates were enrolled in the carpentry union and given tools to start their trade. 3 Coleman v. Wilson: The court found that the entire mental health system operated by the California Department of Corrections (CDC) was unconstitutional and that prison officials were indifferent to the needs of mentally ill inmates. All CDC institutions are presently being monitored by a court-appointed special master to evaluate the CDC's compliance with the court's order. Plata v. Davis: In a prison class action lawsuit, prisoners alleged that California officials inflicted cruel and unusual punishment by being indifferent to serious medical needs. A settlement agreement filed in 2002 requires the CDC to completely overhaul its medical care policies and procedures, and to direct significant resources to ensure timely access to adequate care. The settlement allows the state to phase in the new policies and procedures over several years and gives an independent medical panel the responsibility to audit the state's progress. Perez v. Tilton: An amended stipulation filed in this federal class action lawsuit on August 21, 2006 requires the California Department of Corrections and Rehabilitation (CDCR formerly known as the CDC) to provide adequate dental care for state prisoners. Pursuant to this federal court order, the CDCR must implement new procedures and policies to ensure that prisoners receive competent and timely dental treatment. Compliance is to be monitored by the prisoners' attorneys and their consultants, as well as independent court-appointed experts. 6 Folsom State Prison

The Grand Jury toured the facility, viewing cell blocks and exercise yards. Although the prison is old, officials have attempted to update the facility where possible. The Grand Jury observed crowded conditions within the facility that may compromise the safety of the inmates and correctional employees. Sacramento County Main Jail

The Grand Jury toured the clinic, kitchen, bathroom facilities, residents’ rooms and classrooms. Grand Jury members also interviewed several residents. Due to a pending lawsuit, no further comment will be made prior to the disposition of that case. 9 Warren E. Thornton Youth Center

The Grand Jury toured the kitchen, bathroom facilities, residents’ rooms and classrooms. Grand Jury members also interviewed several residents. Due to a pending lawsuit, no further comment will be made prior to the disposition of that case. Sacramento Assessment Center – IMPACT Program

The Grand Jury toured the kitchen, bathroom facilities, residents’ rooms, and classrooms. Grand Jury members also interviewed several residents. Due to a pending lawsuit, no further comment will be made prior to the disposition of that case. Education Committee The Education Committee is authorized to review the activities of school districts within Sacramento County, as well as the Los Rios Community College District. The committee responds to citizen complaints alleging school district irregularities and initiates investigations into various education issues, including those programs associated with correctional institutions within Sacramento County (e.g., Juvenile Hall, Boys Ranch, etc.) which fall under the jurisdiction of the Sacramento County Board of Education. During its term, the committee received a citizen complaint regarding procurement procedures at one of the school districts. The committee opened an investigation and upon further examination and review determined that the complaint would be more appropriately handled through the civil court system and closed the investigation. Members of the committee met with the County Superintendent of Schools and discussed a number of topics of interest to the committee and other areas for potential investigation. Specifically, the committee was interested in learning more about the various programs being instituted county wide to help bridge school, college and workforce readiness, including, but not limited to, Regional Occupational Programs (ROP) and Advancement Via Individual Determination programs (AVID). The committee obtained and reviewed the appropriate “School Accountability Report Cards” for a number of high schools, prepared in accordance with State Board of Education guidelines. The committee then formed teams and toured four high schools in Sacramento as a follow-up to those reports. 11 Grant Union High School Grant Union High School is the oldest high school in the Grant Joint Unified School District. It has an enrollment of approximately 2,100 students made up of a diverse population with Hispanics, Asians and African Americans as the largest three. Grant is a comprehensive high school, serving grades 9 though 12. The school’s goal is to graduate students prepared to go to college or directly to work. Many programs are in place to achieve this goal. To support the rigor of classes and prepare for college entrance, Grant offers programs such as AVID that support students academically during the school day and tutoring in all subjects after school. Qualified students may enroll in the Advanced Placement (AP) courses in Art, English, Mathematics and Social Sciences in order to take college-level courses and exams while still in high school. To provide students the opportunity of vocational education, Grant offers a wide range of career and technical pathways, e.g., the Criminal Justice Academy, the Environmental Science Academy, the Maritime Academy (new this year) and various business and ROP classes. Junior Reserve Officers Training Corps (JROTC) is offered to students in lieu of the two year physical education requirement. The new principal for the 2006-2007 school year, who replaced a long-term principal, appears to have made a smooth transition into his new position. During the tour students greeted the principal by name; he knew many of their names as well. His enthusiasm for the school is obvious and his vision for all students to succeed is his motivating goal. Many extracurricular programs are available to students as well as a large after school sports program. The winning “Pacer” football tradition is a source of pride for the students and the surrounding community. Luther Burbank High School Members of the Education Committee visited Luther Burbank High School and toured the grounds, observed some classes and noted the discipline during class change. The facility grounds were pleasant, appeared to be well maintained and incorporated art work produced by students. Students appeared generally well disciplined and there did not appear to be any undue tension. Under the Small Learning Community (SLC) organization used at Luther Burbank, the school is divided into seven communities of students and teachers that go from grades nine through twelve together. Each SLC has a vocation or career path identified: Health & Fitness, Public Service, International Studies, Architectural & Industrial Technology, Arts & Communication, Business & Entrepreneurship and Information Technology. Core subjects are taught in relation to the SLC career path. This arrangement is intended to give the students a closer bond with the teachers and build trust. The classes visited were orderly and the students appeared to be engaged. Life skills lessons, such as the importance of showing up for work on time, are incorporated in the subject matter. Also, 12 there was a strong emphasis on the importance of reading and math for success in any job. Luther Burbank has a very diverse student body with a large number of English language learners from as many as 30 cultural backgrounds and multiple language groups. Many of the students arrive with no formal education, even in their own language, and no English language experience. However, the school must try to prepare them to pass state required tests in as little as two years. The goal of the school principal and his staff is to keep the student in school and motivated through individual help and by addressing family issues. The staff stresses to the students the importance of their accepting “ownership of goals” for success. Natomas High School Natomas High School is in the Natomas Unified School District and accommodates approximately 2,100 students. The school has a diverse and varied cultural makeup, with the highest percentage of students being Hispanic and African American, reflecting the demographics of the Natomas community in which it is located. The school opened in 1997 and appears to be in a good overall state of repair. The tour of the school was conducted by one of the vice principals, an individual whose exuberance and dedication to the students impressed the team members. There is a stated goal “to change the mindset of the student to develop higher self-esteem.” Although, according to the discussions, a very low percentage of students are likely to be college bound, the team was informed that the school is seeking to actively engage students in workforce and other programs to help them succeed in the future with such innovative approaches as Student Success Teams and programs that encourage active parent involvement in student progress. There are Advanced Placement (AP) classes for achieving students, AVID programs for students performing in the middle ranks of the student body and intervention programs for lower performers. Specific work experience classes include topics such as resume preparation, interview skills, employment issues, guest speakers and worksite visits. There are active ROP and other career preparation programs such as automotive, construction, industrial technical classes, forensic science and dramatic arts classes. There is also a very successful four year Air Force JROTC program administered by personnel who impressed the team as individuals who seemed to be truly interested in motivating their students and have had success in increasing the grade point averages for many of those enrolled in the program. One of the challenges being faced by this school is the constant mobility of a large percentage of the student population, i.e., while the numbers remain the same, the faces are changing. Valley High School Members of the Education Committee visited Valley High School in the Elk Grove Unified School District where they were briefed by the principal. The principal conducted the tour of the school, answered questions and introduced various members of the staff and some students. Although the 13 campus was built 30 years ago, it has recently been modernized and appears well maintained and clean. The current enrollment is about 1,700 students, down from about 2,700 ten years ago. The enrollment goal is from 1,800-2,200 students. Last year about 25% of the students were considered English language learners with about 21 language groups represented. Valley’s curriculum includes “Special Academies” such as Tomorrow’s Employees in Careers in Health (Health TECH), which provides a school-to-work educational experience, and a Teacher Academy, designed to prepare students for teacher training programs. An Air Force JROTC program, an AVID program and advanced courses for Gifted and Talented Education students are also offered. The committee toured the school campus during the lunch periods and the students appeared orderly. The school seems to have dealt quite successfully with student cell phone issues by a progressive discipline program. Environment, Public Works and Special Districts Committee The Environment, Public Works and Special Districts Committee has the authority to review city and county government agencies and all special districts in Sacramento County. The committee received three citizen complaints. Each was considered but not opened for investigation. One holdover complaint from the 2005-2006 Grand Jury was also considered but not opened for investigation. Three investigations were generated by the committee. The results of two of the investigations, concerning Sacramento County flood risk and SMUD’s Rancho Seco nuclear waste, are reported in this 2006-2007 Grand Jury Final Report. The third, concerning safety in the American River Parkway is summarized as follows: Safety in the American River Parkway