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Stanislaus County Grand Jury • 2020-2021

Stanislaus County

Published: October 14, 2021 1 pages

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⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.

Findings 14 findings

The number of homeless in Stanislaus County fluctuates from year to year but is increasing over time. This trend was exacerbated by the COVID-19 pandemic.

The most significant causes of homelessness are lack of affordable housing, substance abuse, and mental health.

Efforts to better coordinate the system of care are underway. These include the Stanislaus Homeless Alliance at the policy level, and the Homeless Management Information System at the operational level.

Since over half of the homeless each year are in the care system for the first time, efforts to prevent homelessness have not been successful enough. Without greater prevention success, homelessness cannot be reduced.

Despite enormous funding for homeless programs, and despite the fact that there are many individual successes, overall the system to date has not reduced homelessness.

There is insufficient accountability for the effective use of homeless funds. While many agencies are accountable to their funding sources, primary responsibility for measuring accountability and effectiveness rests with the Community Services Agency, the Community System of Care, and the Stanislaus Homeless Alliance.

The information currently on Newman’s website does not give the public a clear understanding of the program, how the Measure L funds have been used, and future city plans for these funds.

Newman does not have a public awareness program as required by its MFA.

Newman currently has no representative on the MLOC. FINDINGS, OAKDALE

F10

Oakdale’s website has general information on Measure L overall, and limited information on current, completed, or future projects. 25

F11

Oakdale does not have a public awareness program as required by its MFA.

F12

Oakdale’s website has a link to StanCOG which is non-operational.

F13

The percentage of continuation high school students who graduate varies from school to school, but the percent not “college/career ready” is significantly low.

F14

Districts need to find additional avenues for English learners and continuation high school students to gain skills to help them succeed in life, be it in college or in a career. Promoting greater participation in CTE is an opportunity.

Recommendations 12

R1

More accountability needs to be introduced into the system. The Community System of Care, the Stanislaus Homeless Alliance, and the Community Services Agency should take the lead, demand verifiable performance, and focus funding and other resources on those agencies and organizations with demonstrable success. This should be done by jointly adopting a performance evaluation system prior to allocation of the next round of 12 federal homeless funding. Progress on achieving the eight goals set forth in the Stanislaus 2021 Regional Strategic Plan to Address Homelessness should be included in performance evaluations.
R2

More focus should be given to preventing homelessness. To the extent there are funds not earmarked for other purposes, in the budgeting process of each jurisdiction, priority should be given to allocating these funds for affordable housing, substance abuse treatment, and mental health services.
R3

All cities in the County should continually be encouraging the construction of significantly more affordable housing. They should evaluate their plans, procedures, and requirements with the goal of balancing community goals, standards, and aspirations with the need for affordable housing.
R4

All cities should report annually to the Community System of Care and Stanislaus Homeless Alliance on the steps they have taken to help produce more affordable housing.
R5

Subsequent civil grand juries are encouraged to monitor progress on these recommendations and consider a more in-depth investigation into efforts to produce affordable housing.
R6

Three months after adoption of a public awareness program by StanCOG, Hughson should implement the program. RECOMMENDATIONS, NEWMAN
R7

Within three months after adoption by StanCOG of a standard for local websites, Newman should update its website to be in compliance.
R8

Three months after adoption of a public awareness program by StanCOG, Newman should implement the program. 26
R9

Newman should appoint a representative to MLOC by October 31, 2022. RECOMMENDATIONS, OAKDALE
R10

Within three months after adoption by StanCOG of a standard for local websites, Oakdale should update its website to be in compliance.
R11

Three months after adoption of a public awareness program by StanCOG, Oakdale should implement the program.
R12

Oakdale’s website link to StanCOG should be connected

Conclusions 15

CL1

Finding: F4. City of Patterson has not provided sufficient information on their website to inform the public about how they are using the funds, as required by their MFS
CL2

Recommendation: R4. City of Patterson shall update and maintain their website in accordance with the requirements of the MFA and provide the same data to StanCOG The City of Patterson has updated its website to include all Measure L projects (completed, in progress, future), as well as the Measure L Reports. In addition, the City's website has also included a weblink directed to the "Stanislaus Council of Governments" Measure L website containing Patterson's spendings.
CL3

Monthly Expenditure Report
CL4

Monthly Cash Balance Report
CL5

Quarterly Milestone Report The City of Patterson will continue to update its website for the following items listed on MFA and be posted no later than June 30, 2022.
CL6

Maintenance of Effort Form
CL7

Annual Single Audit - Measure L
CL8

Resolution of Approved Annual Budget/CIP identifying project funded by Measure L
CL9

Annual Measure L Project List Ken Irwin City Manager 125
CL10

The SCCGJ acknowledges the recommendation will be implemented. The General Services Agency (GSA) will work to include the requirement to “test for suspension and debarment” for leases. This will be part of the GSA contract verification process for federally funded programs which will be implemented by the County Auditor Controller. The SCCGJ appreciates this effort to include lessors in their current eligibility process. The SCCGJ encourages future juries to “look back” to determine that appropriate implementation of the vendor eligibility process has been completed. 100 101 102 d e r d e t h e O
CL11

The Stanislaus County Board of Supervisors has directed the County Auditor Controller to implement a contract verification process for federally funded programs. The SCCGJ encourages the Stanislaus County Board of Supervisors to ensure that implementation has occurred no later than December 31, 2021. Future SCCGJs are encouraged to revisit this issue to determine the 2020-2021 the SCCGJ recommendation has been implemented. 103 104 105 106 107 Is Stanislaus Council of Governments Enforcing Measure L Master Funding Agreement? Case # 21-17GJ Reason for Investigation In November 2016, more than 70% of Stanislaus County voters approved Measure L: Local Roads First Transportation Funding Measure Ordinance #16-01, as a 25-year, one-half cent special sales tax used exclusively for regional and local transportation, as well as other transit improvements. The Stanislaus Council of Governments (StanCOG) administers Measure L funds. Resolution 17-10 was approved November 15, 2017, by the StanCOG Policy Board adopting the Measure L Master Funding Agreement (MFA). The MFA sets forth the general terms and conditions each jurisdiction must comply with in order to receive the funds. An executed copy for each jurisdiction is on file with StanCOG. Agencies Asked to Respond  City of Turlock City Council……………F2, R2  City of Ceres City Council…...………….F3, R3  City of Patterson City Council…………...F4, R4  StanCOG Board of Directors…………….F1, F2, F3, F4, R1, R2, R3, R4  Measure L Oversight Committee………...F1, F2, F3, F4, R1, R2, R3, R4 d e r e h d t e O
CL12

At present, StanCOG as the watchdog for the public, is not satisfying its role as Measure L administrator. The SCCGJ acknowledges that recommendation 1 (R1) will not be implemented by StanCOG. The SCCGJ recognizes that the voters authorized StanCOG to administer Measure L funding and StanCOG adopted a MFA providing procedures that each jurisdiction must comply with in order to receive Measure L. In this MFA each jurisdiction must create and maintain an accurate website that informs the public how Measure L funds are being utilized. If this does not happen StanCOG may withhold funding until compliance is achieved. The SCCGJ emphasizes the MFA must be adhered to and StanCOG, as the administrative agency, is required to enforce the requirement. The response from StanCOG that “At present, all receiving entities are in compliance with the provisions of Measure L MFA.” is not supported by the SCCGJ findings that the cities of Ceres, Patterson, and Turlock did not provide sufficient information on their website. Furthermore, in their response to 109 the SCCGJ, each of these cities acknowledged their websites did not contain the required data and pledged to update and maintain their websites. Furthermore, StanCOG responded, “The sufficiency of that information is subjective.” StanCOG should be proactive in developing objective standards for the clear display of Measure L information on its member websites. 110 111 112 113 d e r e h d t e O Findings A w g / r F e i n e di n g A g r e e s P a rti all y D i s a g r e e s W h oll y Recommendations m pl e m e n t e d W ill I m pl e m e nt F u rt h e r A n al y si s N e Will N o t I m pl e m e n t/ I Measure L Oversight Committee F1. StanCOG, as the “Pass-Through” X R1. StanCOG shall establish a X agent for Measure L, has failed in its procedure for monitoring and responsibility to follow through with enforcing compliance with the the requirements of the Measure L requirements of the MFA by MFA to withhold funding from those December 31, 2021. entities not in compliance with the agreement. F2. City of Turlock has not provided X R2. City of Turlock shall update X sufficient information on their website and maintain their website in to inform the public about how they accordance with the requirements are using the funds, as required by of the MFA and provide the same their MFA. data to StanCOG. F3. City of Ceres has not provided X R3. City of Ceres shall update X sufficient information on their website and maintain their website in to inform the public about how they accordance with the requirements are using the funds, as required by of the MFA and provide the same their MFA. data to StanCog. F4. City of Patterson has not provided X R4. City of Patterson shall update X sufficient information on their website and maintain their website in to inform the public about how they accordance with the requirements are using the funds, as required by of the MFA and provide the same their MFA. data to StanCOG.
CL13

StanCOG’s website states, “Measure L includes strong taxpayer safeguards to ensure that the projects and programs approved by the voters are funded and delivered. A Citizens Oversight Committee has been created to provide an enhanced level of accountability for expenditures made under the Expenditure Plan to ensure that all voter mandates are carried out and that financial integrity and performance of the program is maintained.” In response to Finding 1 the MLOC stated, “The MLOC is created by Section 18 of the Measure L Ordinance and its scope of authority is limited to review the independent fiscal audit of the expenditures of the tax funds and issue an annual report on its findings 114 regarding compliance with the requirements of the Expenditure Plan and the Ordinance. The MLOC does not have authority to enforce or opine on the enforcement of the Measure L MFA”. The SCCGJ maintains a differing opinion than the MLOC. Measure L specifically states, “The Measure L Oversight Committee is responsible for oversight of the proper use of sales tax funds and implementation of the programs and projects set forth in the Expenditure Plan…” The MLOC was established as a safeguard to oversee those jurisdictions are held to a high level of accountability and compliance. The cities of Ceres, Patterson, and Turlock failed to comply with the ordinance by not maintaining websites to inform the public on use of Measure L funds. The MLOC is expected to use its oversight responsibility to ensure its member entities are in compliance with the Measure L Ordinance. Future SCCGJs are encouraged to continue to review compliance with the Measure L Ordinance. 115 116 117 118 d e r e h d t e O
CL14

The SCCGJ acknowledges this recommendation will be implemented by the City of Turlock no later than December 31, 2021. The SCCGJ acknowledges the City of Turlock for their efforts in complying with the MFA and encourages them to continually update accurate information for the public. 119 120 121 d e r e h d t e O
CL15

The SCCGJ acknowledges this recommendation will be implemented for the City of Ceres no later than December 31, 2021. SCCGJ acknowledges the City of Ceres for its efforts in complying with the MFA and encourages them to continually provide updated and accurate information for the public. 122 123 d e r e h d t e O

Commendations 2

CM1

The SCCGJ salutes all the public agencies and private organizations working to alleviate homelessness. The recommendations which follow are meant to help these agencies and organizations as they address this complicated and challenging task.
CM2

The SCCGJ would like to commend the Stanislaus County Sheriff’s Department, Modesto Police Department, Stanislaus County Probation Department, and the Stanislaus Regional 9-1-1 Emergency Call Center for providing the SCCGJ with tours/presentations. The tours/presentations were thorough, and staff were knowledgeable and professional. The SCCGJ left with a knowledge of the good work you and your staff are contributing to our community. 93 94 ELECTION

Observations 2

OB1

2021-2022 Stanislaus County Civil Grand Jury CASE # 22-16GJ SUMMARY Since 1953, virtually all levels of local government in California have operated under the Brown Act. The Act, authored by Assemblyman Ralph M. Brown (D-Modesto), is often referred to as an “Open Meeting Law” or “Sunshine Law”. The Brown Act defines the manner in which local government is required to disclose intended actions so the general public is informed and is provided the opportunity to participate in the deliberations of their elected local leaders. The Brown Act is intended to strike a balance between public access and the need for confidential deliberations, with the presumption in favor of public access. The Riverbank Language Academy (RLA) is a charter school operating under a charter issued by the Riverbank Unified School District (RUSD). The Stanislaus County Civil Grand Jury (SCCGJ) determined the Brown Act is applicable to the RLA. The SCCGJ also determined the RLA did not adhere to specific sections of the Brown Act pertaining to the time requirements for posting an agenda, use of their website to post RLA Advisory Board agendas, access to RLA Advisory Board agendas and minutes, and remote participation in RLA Advisory Board meetings. While the primary focus of the SCCGJ’s investigation was the RLA’s observance of the Brown Act, in the course of its investigation the SCCGJ made other observations of RLA practices not addressed in the Brown Act. These practices include the use of a school calendar and an archive of past RLA Advisory Board agendas and minutes, both found on the RLA website. The SCCGJ determined these practices contribute to the public’s awareness of RLA governance and administration. However, the SCCGJ also determined the use of these practices was inconsistent. The SCCGJ determined compliance with the Brown Act ultimately results from regular training and self-regulation on the part of elected officials and administrators. To maintain the public’s confidence in the RLA, it is essential the training provided by the RLA’s legal counsel be consistently followed.
OB2

95 ELECTION OBSERVATIONS 2021-2022 Stanislaus County Civil Grand Jury Case # 22-02GJ The jury was invited by the Clerk-Recorder to observe county elections procedures for two all- mail ballot special elections. Based on these observations, and the fact that no complaints were received regarding elections, the jury is not issuing a report. Following is a brief description of the jury’s observations. The first election was to fill a vacant city council seat for District 1 in Ceres after the City Council was unable to reach a consensus in appointing a new member; the second was to decide whether the Governor should be recalled and, if so, whom his replacement should be. Jurors observed election activities on both August 31 and September 14, 2021. The Stanislaus County Registrar of Voters conducted a tour of the Elections Office for members of the jury and several public officials, while explaining the process. Jurors observed the verification of signatures of registered voters, including ballots with discrepancies. Ballots are then scanned and recorded electronically onto specially formatted USB drives. Once staff has confirmed the integrity of the drives, the drives are manually connected to the tally computer in order to transfer the data. Jury members returned to the Elections Office on September 2 and September 16, 2021, to observe the next step of the balloting process. After every election, the Elections Office is required to perform a manual tally of 1% of precincts selected at random, which are compared to the software-counted votes to verify they match. This includes reconciling the number of ballots which have been invalidated for various reasons. Jurors were able to observe various steps of the balloting process as well as the checks and balances designed to ensure the accuracy and security of this process. Elections Code 15104(b) also allows that, in addition to grand jurors and representatives of any political party with a candidate on the ballot, representatives from “…any other interested organization shall be permitted to observe and challenge the manner in which the vote by mail ballots are handled, from the processing of vote by mail ballot return envelopes through the counting and disposition of the ballots”. 96 SUMMARY OF RESPONSES TO THE 2020-2021 STANISLAUS COUNTY CIVIL GRAND JURY 97 SUMMARY OF THE RESPONSES TO THE 2020-2021 STANISLAUS COUNTY CIVIL GRAND JURY 2021-2022 Stanislaus County Civil Grand Jury Case #22-12GJ SUMMARY Each year the Stanislaus County Civil Grand Jury (SCCGJ) issues a report with findings and recommendations directed to Stanislaus County officials, agencies, municipal and other public entities. The continuity process is to monitor the filing of responses to the previous year’s grand jury report and advise the current grand jury if those responses are complete and legally sufficient, or if additional follow-up is necessary. If the recommendations of the SCCGJ are not verifiably implemented, or at least seriously considered, this function is undermined. The golden rule of continuity is to: Do for last year’s grand jury what you would like next year’s grand jury to do for you; do for future grand juries what you would like previous grand juries to have done for you.