Score: -9 (21/20/30)

Mendocino County Grand Jury • 2016-2017

Planning and Building Code Enforcement Division

14 pages

View Original PDF

⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.

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

Findings and Recommendations 11 findings

The CED Officers have considerable discretion as to whether or not fines should be asserted. California Penal Code §829.5 states that CED officers are, “…authorized to issue citations, or file formal complaints”.

Related Recommendations (1)

The BOS direct staff to develop and enact policies by the close of fiscal year 2018 to provide consistency in the assertion and the amount of fines for violations.(F1, F2) RESPONSES Pursuant to Penal Code §933.05, responses are required from the following individual(s): • Mendocino County Chief Executive Officer (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are required from the following governing body: • Mendocino County Board of Supervisors (All Findings and All Recommendations) Pursuant to Penal Code §933.05, responses are requested from the following individual(s): • Mendocino County Interim Director of Planning and Building Services (All Findings and All Recommendations) • Mendocino County Deputy Chief Executive Officer (All Findings and All Recommendations) APPENDICES: 3-1 Complaint Form 3-2 Department Organization Chart 3-3 Department Procedures 3-4 Department Activity Report Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code §929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Grand Jury. Appendix 3-1 Attachment 3-2 Page11of14 (cid:41)(cid:44)(cid:49)(cid:36)(cid:47)(cid:25)(cid:18)(cid:21)(cid:21)(cid:18)(cid:20)(cid:26) (cid:48)(cid:72)(cid:81)(cid:71)(cid:82)(cid:70)(cid:76)(cid:81)(cid:82)(cid:38)(cid:82)(cid:88)(cid:81)(cid:87)(cid:92)(cid:42)(cid:85)(cid:68)(cid:81)(cid:71)(cid:45)(cid:88)(cid:85)(cid:92)(cid:21)(cid:19)(cid:20)(cid:25)(cid:16)(cid:21)(cid:19)(cid:20)(cid:26) (cid:36)(cid:51)(cid:51)(cid:40)(cid:49)(cid:39)(cid:44)(cid:59) (cid:22)(cid:16)(cid:22) (cid:51)(cid:68)(cid:74)(cid:72) (cid:20) (cid:82)(cid:73) (cid:21) (cid:51)(cid:68)(cid:74)(cid:72)(cid:20)(cid:21)(cid:82)(cid:73)(cid:20)(cid:23) FINAL6/22/17 MendocinoCountyGrandJury2016-2017 APPENDIX 3-3 NOTICEOFVIOLATIONDUEPROCESS BuildingViolations:AnypersonaccusedofanactivityprohibitedbyMendocinoCountyCodeChapter18has therighttoappeal.ThefollowingprovidesthedueprocessproceduresforanNOV: AdministrativeAppeals: A.ArequestforameetingbeforethePlanningandBuildingServicesDepartmentBuildingOfficialorDirector shallbemadebythepropertyownerorinterestedpartytocontestanyviolation,decision,determination,or requirementofthePlanningandBuildingServicesDepartmentbyfilinganoticeinwritingwiththePlanning andBuildingServicesDepartmentwithinten(10)daysfromthedateoftheNoticeofViolation. B.YoumayappealthedecisionrenderedbytheBuildingOfficialorDirectortotheBoardofSupervisorsby submittingawrittenappealtotheCountyExecutiveOfficealongwiththefilingfee.Youmayalsohavetheright toahearingintheSuperiorCourt.Consultanattorneyifyouhavequestionsaboutyourcase. ZoningViolations:AnypersonaccusedofanactivityprohibitedbytheMendocinoCountyZoningCode Chapter20hastherighttoappealanadversedecision.MendocinoCountyZoningCode,Section20.208.010, 20.544.010,and20.728.010providetheproceduresforanappeal. A.ArequestforahearingbeforethePlanningCommissionmaybemadebythepropertyownerorany interestedpersonfromanydecision,determination,orrequirementofthePlanningandBuildingServices DepartmentbyfilinganoticeinwritingwiththePlanningandBuildingServicesDepartmentwithinten(10) daysaftersuchdecision,determinationorrequirementismade.Suchappealshallbeaccompaniedbyafee. B.ThePlanningandBuildingServicesDepartmentshallprepareawrittenreportthatincludesfindingswhich shallbeforwardedtothePlanningCommissionforaction.TheactionofthePlanningCommissionisfinal unlessappealedtotheBoardofSupervisorspursuanttoSection20.208.015,20.544.015,and20.728.015by filinganappealinwritingwithin10daysofthePlanningCommission’sdecisionandshallbeaccompaniedbya fee. C.Notificationisnotnecessaryforanadministrativeappeal.(Ord.No.3639(part),adopted1987) AlienwillberecordedwiththeMendocinoCountyRecordersOfficeforanyviolationoftheprovisionsofthis Divisionthatarenotclearedwithinthetimeframesetbytheofficer.Thelienwillbeforthenoticeofviolation andtheestimatedpermitcosts(ifapplicable),penalties(suchfeesshallbefurtherevaluatedatthetimeof restitution),fines,andadministrativecosts.Thenoticeshallspecifythename(s)oftherecordownersand particularlydescribingtherealproperty.Theuseoftheseadministrativeremediesdoesnotprecludetheuseof otherlegalremediesprescribedbylawtogaincompliance. StormwaterViolations:AnypersonaccusedofactivityprohibitedbytheMendocinoCountyCodeChapter16 relativetostormwaterdischargeviolationsissubjecttoenforcementthroughtheNoticeofViolationand/or NoticeandOrdertoAbateprocess.Theenforcementmechanismusedtoaddressviolationsofthischapterwill beatthediscretionofthecodeenforcementofficerbasedupontherelativeseverityoftheviolationas determinedbythenatureandcircumstancessurroundingtheincident. UkiahOffice: 860NorthBushStreet Ukiah,California95482 Telephone:(707)463-4281 Facsimile:(707)463-5709 FortBraggOffice: 120WestFirStreet FortBragg,California95437 Telephone:(707)964-5379 Facsimile:(707)961-2427 *Thisinformationisnotall-inclusive;toaccessfurtherinformationregardingtheUniformNuisanceAbatement ProcedureandSummaryAbatementProcedureoftheMendocinoCountyCodevisitChapter8.75 onlineat www.co.mendocino.ca.usundertheBoardofSupervisorsdrop-downmenu. Page13of14 APPENDIX 3-4 Page14of14

The CED approach to complaints is reactive and rarely considers issues outside the parameters of the complaint.

Related Recommendations (3)

To reduce the backlog of complaints, there is a need for additional staff in CED; the BOS discuss and consider expanding CED staff. (F2, F4-F6)

The BOS consider and discuss assigning the enterprise designation to the CED. (F2, F4)

There are insufficient appropriate vehicles directly assigned to CED to allow safe and efficient performance of the assigned tasks.

Related Recommendations (1)

The BOS consider assigning each CED Officer a dependable all-wheel drive vehicle. (F3)

The turnover and lack of staff to conduct CED activities within Mendocino County contributes to issues not being corrected in a timely and consistent manner.

Related Recommendations (2)

To reduce the backlog of complaints, there is a need for additional staff in CED; the BOS discuss and consider expanding CED staff. (F2, F4-F6)

The BOS consider and discuss assigning the enterprise designation to the CED. (F2, F4)

The shortage and turnover of CED management staff contributes to lack of clear direction for employees.

Related Recommendations (1)

To reduce the backlog of complaints, there is a need for additional staff in CED; the BOS discuss and consider expanding CED staff. (F2, F4-F6)

The backlog number of complaints has been significantly reduced to approximately 300. The validity of this number cannot be proven due to lack of publicly available documentation.

Related Recommendations (3)

To reduce the backlog of complaints, there is a need for additional staff in CED; the BOS discuss and consider expanding CED staff. (F2, F4-F6)

The Director of P&B provide in the monthly report to the BOS a summary of the monthly staff meeting with action items included.(F6, F7,F9, F10)

The Department of P&B place all building and complaint actions in an online database for public access by street address and property number (APN) leaving off the name(s) of the complainant(s). (F6, F7, F10)

There are no online data regarding code enforcement complaints and the status of code enforcement activity. This lack of transparency is detrimental to the efficient function of CED. The Grand Jury finds this lack of accuracy unacceptable because it is difficult: • to determine if a complaint has been filed on a specific property • to know when a complaint has been corrected • to know if there are duplicate filings of a complaint • to have statistics to fairly assess the performance of the department • to understand departmental operations in the interest of transparency

Related Recommendations (2)

The Director of P&B provide in the monthly report to the BOS a summary of the monthly staff meeting with action items included.(F6, F7,F9, F10)

There are no regularly scheduled meetings between the staff of CED and the rest of P&B. This impairs the efficient function of both staffs.

Related Recommendations (1)

The Director of P&B schedule at least a monthly meeting of all staff to discuss and advise on all issues concerning P&B and CED. (F8, F9)

There are no departmental action plans in the report given by the P&B Director to the BOS.

Related Recommendations (2)

The Director of P&B schedule at least a monthly meeting of all staff to discuss and advise on all issues concerning P&B and CED. (F8, F9)

The Director of P&B provide in the monthly report to the BOS a summary of the monthly staff meeting with action items included.(F6, F7,F9, F10)

F10

There is a new online program available to licensed contractors to obtain permits. In interviews it was not clear what additional changes are planned for online access by licensed contractors or the public.

Related Recommendations (2)

The Director of P&B provide in the monthly report to the BOS a summary of the monthly staff meeting with action items included.(F6, F7,F9, F10)

F11

The mold growth that was found is hazardous to the health of workers and citizens who frequent County facilities.

Related Recommendations (1)

The BOS direct staff to bring all County facilities into compliance with applicable State and County codes within the next fiscal year, and report the result back to the BOS. (F11)

Agency Responses 6

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

BOS

June 27, 2017 • 6 pages • 12 responses • Score: 0 (+2, 8, -2) View Details ▾

PDF

12 responses to findings and recommendations

Response: Disagree Partially Score: 0

The loss of significant numbers of experienced staff since 2011 and the inability of the County to attract trained social workers with CPS experience has resulted in the hiring of inexperienced workers with a higher than normal turnover rate and a need for on-the-job training. Partially disagree. The County has had a turnover of staff since 2011. This trend is not expected to continue with the changes made and more direct leadership currently being provided by the HHSA Chief Operations Officer and Director. The County only hires Social Workers who meet the minimum experience and education requ...

To reduce the backlog of complaints, there is a need for additional staff in CED; the BOS discuss and consider expanding CED staff. (F2, F4-F6)

Response: Implemented

Score: 0

. The County require a commitment of continued employment for a fixed period of time for those participating in the County subsidized Master's Degree program. (F1, F5, F9, F11, F13) The BOS will not be implementing this recommendation. There currently is no County subsidized Master's Degree program as noted by Human Resources. R2. The County request another State Waiver for FCS to operate with less than the mandatory number of staff with MSW degrees. (F1, F3, F5, F11) This request has not yet been implemented but will be in the future. HHSA anticipates that FCS will not have the required nu...

The CED approach to complaints is reactive and rarely considers issues outside the parameters of the complaint.

Response: Disagree Partially Score: 0

Mendocino County has a higher rate than the State average for removal of children from their families due to a lack of early intervention in troubled families, the drug culture, high unemployment, lack of housing, and the lack of teenage drug treatment programs. Partially disagree. Mendocino County does have a higher rate than the State average for removal of children from their families. However, the reasons stated by the Grand Jury are only contributing factors in this problem and not solely responsible for the emergency removal due to abuse or neglect. That said, the BOS understands these f...

The BOS consider and discuss assigning the enterprise designation to the CED. (F2, F4)

Response: Implemented

Score: 0

. The County request another State Waiver for FCS to operate with less than the mandatory number of staff with MSW degrees. (F1, F3, F5, F11) This request has not yet been implemented but will be in the future. HHSA anticipates that FCS will not have the required number of Social Workers needed and submission of a new waiver in January of 2018 will be necessary. R3. The County continue to develop and utilize community-based non-profits to locate and assist families before exigent situations develop. (F1-F3, F7, F12, F14) This recommendation has been implemented. The BOS incorporates the re...

There are insufficient appropriate vehicles directly assigned to CED to allow safe and efficient performance of the assigned tasks.

Response: Disagree Partially Score: 0

Without more investigators and a five-day workweek, it will be impossible to meet the County's mandated response time for non-emergency ten-day investigation requests. This results in unnecessary risks for children. Partially disagree. HHSA management is currently scheduling as they feel is most effective. As HHSA states, "[w]hen adequately staffed, HHSA will consider how to meet that expectation and continue to improve public office hours." The Board would welcome monthly updates on response times/statistics, staffing and challenges for HHSA Family and Children's Services and recommendations ...

The BOS consider assigning each CED Officer a dependable all-wheel drive vehicle. (F3)

Response: Will Implement

Score: +1

R3 <math>\boxtimes</math> The following Recommendation(s) have not yet been implemented, but will be implemented in the future, attached, as required is a time frame for implementation: R2 GRAND JURY REPORT RESPONSE FORM PAGE TWO <math>\boxtimes</math> The following Recommendation(s) require further analysis, and attached as required, is an explanation and the scope and parameters of the planned analysis, and a time frame for the matter to be prepared, discussed and approved by the officer and/or director of the agency or department being investigated or reviewed: (This time...

The turnover and lack of staff to conduct CED activities within Mendocino County contributes to issues not being corrected in a timely and consistent manner.

Response: Disagree Partially Score: 0

. The new State eligibility requirements and training requirements for foster homes may reduce the rate of abuse and changes in foster care placements, but make it even harder for Mendocino County agencies to recruit foster families. Partially disagree. This is speculation and the hope is that the rates of abuse will decline and foster families will be able and willing to comply with the new requirements. This will need to be evaluated after sufficient time has passed for an effect to be seen. F9. The change from the Merit System to Civil Service Employment practices allows promotion of exp...

The Director of P&B schedule at least a monthly meeting of all staff to discuss and advise on all issues concerning P&B and CED. (F8, F9)

Response: Will Not Implement

Score: -1

<math>\boxtimes</math> The following Recommendations will NOT be implemented because they are not warranted and/or are not deemed reasonable, attached, as required is an explanation therefore: R1, R5 I have completed the above responses, and have attached, as required the following number of pages to this response form: Number of Pages attached: 4 I understand that responses to Grand Jury Reports are public records. They will be posted on the Grand Jury website: www.co.mendocino.ca.us/grandjury. The clerk of the responding agency is required to maintain a copy of the response. I underst...

The Director of P&B provide in the monthly report to the BOS a summary of the monthly staff meeting with action items included.(F6, F7,F9, F10)

Response: Will Not Implement

Score: -1

The Board of Supervisors provide a side letter agreement to the SEIU contract authorizing additional pay for Emergency Response work. (F1-F3, F11, F13-F15) This recommendation will not be implemented. Per Human Resources: "[c]ounty employees currently receive pay for "on-call" hours as well as compensation for hours worked when responding to emergencies." While there are true stressors and significant impact created by Emergency Response work the best practice will be for the BOS to work with HHSA and HR leadership to determine proper scheduling, incentives and methods to minimize the secondar...

There are no departmental action plans in the report given by the P&B Director to the BOS.

Response: Disagree Partially Score: 0

The change from the Merit System to Civil Service Employment practices allows promotion of experienced people without an MSW degree to supervisorial positions and this may attract new staff from neighboring counties. Partially disagree. The change does allow for more local control. However, there were no changes to the requirements for Social Worker Supervisor. Therefore, we should be able to attract more staff from adjacent counties and they can progress without a master's degree but would need to obtain a master's for promotion to Supervisor. The BOS incorporates the HHSA response. F10. Th...

F10

Response: Disagree Partially Score: 0

The use of the term Social Worker as a job title in the Department is too broad. It does not properly define the education or responsibility of the various workers' assignments. Disagree. The term Social Worker as a job title is the industry standard. The job level classification from Social Worker I to Social Worker V clearly delineates the different experiences/requirements. In order to actively recruit across comparable counties the standard title of Social Worker is most beneficial. F11. The California State Waiver for staffing levels through 2018 will need to be renewed. Mendocino Count...

F11

The mold growth that was found is hazardous to the health of workers and citizens who frequent County facilities.

Response: Agree Score: +1

agree with the Findings numbered: F11, F12, F15 <math>\boxtimes</math> I (we) disagree wholly or partially with the Findings numbered below, and have attached, as required, a statement specifying any portion of the Finding that are disputed with an explanation of the reasons therefore.

BOS

June 27, 2017 • 7 pages • 18 responses • Score: -13 (+2, 1, -15) View Details ▾

PDF

18 responses to findings and recommendations

Response: Disagree Score: -1

There is evidence of continuing misfeasance regarding the financing of MCRPD, by Board action which neglects their fiduciary duties of transparency and fiscal responsibility to the taxpayers of MCRPD. Disagree. It has no authority or oversight function for the finances or governance of the MCRPD.

To reduce the backlog of complaints, there is a need for additional staff in CED; the BOS discuss and consider expanding CED staff. (F2, F4-F6)

Response: Will Not Implement

Score: -1

. The MCRPD Board of Directors and administration immediately make all financial transactions transparent to the public. (F1, F3, F4, F5, F7, F8, F9, F10, F11, F12, F13) This recommendation will not be implemented by the BOS because it has no authority or oversight function for the finances or governance of the MCRPD. R2. MCRPD develop a long-term strategic plan to eliminate all unfunded liabilities. (F1-F3, F5-F13) This recommendation will not be implemented by the BOS because it has no authority or oversight function for the finances or governance of the MCRPD. R3. By a change in bylaws...

The CED approach to complaints is reactive and rarely considers issues outside the parameters of the complaint.

Response: Disagree Score: -1

The MCRPD's Board of Directives is not representational of the four tax districts. Disagree. It has no authority or oversight function for the finances or governance of the MCRPD.

The BOS consider and discuss assigning the enterprise designation to the CED. (F2, F4)

Response: Will Not Implement

Score: -1

. MCRPD develop a long-term strategic plan to eliminate all unfunded liabilities. (F1-F3, F5-F13) This recommendation will not be implemented by the BOS because it has no authority or oversight function for the finances or governance of the MCRPD. R3. By a change in bylaws, each tax district has an elected representative on the MCRPD Board of Directors with the fifth member elected at large. (F2) This recommendation will not be implemented by the BOS because it has no authority or oversight function for the finances or governance of the MCRPD. R4. The Board of Supervisors develop and impl...

There are insufficient appropriate vehicles directly assigned to CED to allow safe and efficient performance of the assigned tasks.

Response: Disagree Partially Score: 0

MCRPD has received County Treasury advances on Teeter funds (property tax funds) for at least the past four years by the Board of Supervisors Consent Calendar actions. The Grand Jury could not determine if the Teeter fund advances were comingled within the MCRPD budget. MCRPD requires and spends 2018 tax revenue in the 2017 budget year. This annual MCRPD need for advanced Teeter funds indicates a serious deficit in budget planning, and indicates serious concern for MCRPD's long term financial viability. Disagree in part. While it is true that the MCRPD has been the recipient of loans from the ...

The BOS consider assigning each CED Officer a dependable all-wheel drive vehicle. (F3)

Response: Will Not Implement

Score: -1

. By a change in bylaws, each tax district has an elected representative on the MCRPD Board of Directors with the fifth member elected at large. (F2) This recommendation will not be implemented by the BOS because it has no authority or oversight function for the finances or governance of the MCRPD. R4. The Board of Supervisors develop and implement a policy that addresses the advances of Teeter funding to special district in financial distress including bankruptcy. (F3, F4) This recommendation will not be implemented because it is not warranted or is not reasonable. Government Code section ...

The turnover and lack of staff to conduct CED activities within Mendocino County contributes to issues not being corrected in a timely and consistent manner.

Response: Disagree Score: -1

The County does not require or perform any type of audit on a special district requesting Teeter fund advances. Because MCRPD is operating in structural deficit, the Board of Supervisors and County Auditory may be abdicating a fiduciary duty to the taxpayer by not questioning recommendations that appear on the Consent Calendar to advance the Teeter funds. Disagree. As explained by the Auditor-Controller in his response to this finding, the MCRPD is required to send a copy of their audit report to the Auditor- Controller. This is a requirement whether or not a district seeks to borrow a portion...

The Director of P&B schedule at least a monthly meeting of all staff to discuss and advise on all issues concerning P&B and CED. (F8, F9)

Response: Will Not Implement

Score: -1

. The Board of Supervisors develop and implement a policy that addresses the advances of Teeter funding to special district in financial distress including bankruptcy. (F3, F4) This recommendation will not be implemented because it is not warranted or is not reasonable. Government Code section 23010, which authorizes loans to special districts contains sufficient safeguards to insure that all funds will be repaid in a timely manner, regardless of the financial condition of the district which borrows the funds. R5. The County Auditor perform an audit of MCRPD before recommending an issuance ...

The shortage and turnover of CED management staff contributes to lack of clear direction for employees.

Response: Disagree Score: -1

THE MCRPD's annual audits have not been completed in a timely manner which prevents full public financial disclosure. The MCRPD's most recent audit, due June 30, 2016, was completed on February 8, 2017. MCRPD is currently delinquent on a capital lease and a note in the amount of $200,000 plus interest. Disagree. It has no authority or oversight function for the finances of the MCRPD. The BOS notes for the record that the statement that "annual audits have not been completed in a timely manner is contradicted by evidence in the record which indicates that completion of the annual audit within ...

The Director of P&B provide in the monthly report to the BOS a summary of the monthly staff meeting with action items included.(F6, F7,F9, F10)

Response: Will Implement

Score: +1

R5, R6 The following Recommendation(s) have not yet been implemented, but will be implemented in the future, attached, as required is a time frame for implementation: .

The backlog number of complaints has been significantly reduced to approximately 300. The validity of this number cannot be proven due to lack of publicly available documentation.

Response: Disagree Score: -1

MCRPD minimally supports activities in communities outside of Fort Bragg, even though significant amounts of property tax funds are collected from those communities. For example, Mendocino District contributes 35% of the Teeter funds, yet only receives 5% of the property tax funds collected in that District for its recreation and other MCRPD benefits. Disagree. It has no authority or oversight function for the finances or governance of the MCRPD.

Response: Will Implement

Score: +1

R6 The following Recommendation(s) have not yet been implemented, but will be implemented in the future, attached, as required is a time frame for implementation: .

Response: Disagree Score: -1

The Grand Jury feels that the leaseback arrangement has an appearance of impropriety. The way in which the leaseback appears to be used in this particular situation is outside of the usual leaseback appears to be used in this particular situation is outside of the usual leaseback arrangement. It is conveying benefits to the lessees that are not within the normal course of business. This is to the detriment of the property taxpayers of MCRPD. Disagree. It has no authority or oversight function for the finances or governance of the MCRPD.

The BOS direct staff to bring all County facilities into compliance with applicable State and County codes within the next fiscal year, and report the result back to the BOS. (F11)

Response: Will Not Implement

Score: -1

. The property tax funds be fairly allocated to the communities based on the current tax dollars raised in each tax district. After the 5% allocation from Fort Bragg to MCRPD, remaining funds shall be fairly allocated in proportional amounts to the outlying districts. (F2, F6) This recommendation will not be implemented by the BOS because it has no authority or oversight function for the finances or governance of the MCRPD. R8. MCRPD finalize the ongoing bankruptcy and divest itself on the Hwy 20 property. (F8-F11) This recommendation will not be implemented by the BOS because it has no aut...

There are no regularly scheduled meetings between the staff of CED and the rest of P&B. This impairs the efficient function of both staffs.

Response: Disagree Score: -1

MCRPD's financial problems were and are compounded by the purchase of the Hwy 20 property. MCRPD has assumed a large amount of debt with no clear means of repayment. Disagree. It has no authority or oversight function for the finances or governance of the MCRPD.

Response: Will Not Implement

Score: -1

. MCRPD finalize the ongoing bankruptcy and divest itself on the Hwy 20 property. (F8-F11) This recommendation will not be implemented by the BOS because it has no authority or oversight function for the finances or governance of the MCRPD.

There are no departmental action plans in the report given by the P&B Director to the BOS.

Response: Disagree Score: -1

The Grand Jury has substantial doubt about MCRPD's ability to continue as a viable operation. The MCRPD Board and Management have used poor judgment in borrowing money from individuals and commercials banks on at least three occasions. The loan repayment terms have not been met by MCRPD. Disagree. It has no authority or oversight function for the finances or governance of the MCRPD. F10. The Grand Jury finds that MCRPD has no strategic plan. Disagree. It has no authority or oversight function for the finances or governance of the MCRPD. F11. MCRPD acted irresponsibility by borrowing money ou...

F11

The mold growth that was found is hazardous to the health of workers and citizens who frequent County facilities.

Response: Disagree Score: -1

MCRPD acted irresponsibility by borrowing money outside of legal parameters by borrowing more money and for a longer period of time than allowed by California Public Resources Code §5788.21. Disagree. It has no authority or oversight function for the finances or governance of the MCRPD. F12. The Grand Jury finds that MCRPD has not maintained property and complete records. Disagree. It has no authority or oversight function for the finances or governance of the MCRPD. F13. After originally requesting MCRPD documentation in January 2017, it was necessary for the Grand Jury to issue a subpoena i...

BOS

June 22, 2017 • 5 pages • 11 responses • Score: -5 (+2, 2, -7) View Details ▾

PDF

11 responses to findings and recommendations

Response: Disagree Score: -1

Formula businesses are restricted or prohibited, except when they are not. Ordinances are written and applied in different jurisdictions resulting in dissimilar treatment of similar businesses, and even applied differently in the same jurisdiction. Disagree. As stated above, local jurisdictions are best suited to adopt local land use regulations that are intended to protect the public health and safety. These regulations are based on local conditions which will vary from one jurisdiction to another and from one area of a jurisdiction to another. The BOS incorporates by reference the response o...

To reduce the backlog of complaints, there is a need for additional staff in CED; the BOS discuss and consider expanding CED staff. (F2, F4-F6)

Response: Will Not Implement

Score: -1

. The County zoning ordinance include community character design review for all business development. (F1, F2, F4, F5, F7) This recommendation will not be implemented because it is not warranted or reasonable. The Community Character Combining District Ordinance is a well thought out response to a local public policy issue and was the subject of extensive review by the public, the Municipal Advisory Councils, the Planning Commission and the BOS. Further, it is illogical for the Grand Jury to make findings (F2, F4) that the Community Character Combining District Ordinance adds additional time ...

The CED approach to complaints is reactive and rarely considers issues outside the parameters of the complaint.

Response: Disagree Score: -1

The proposed County Community Character Combining District Ordinance adds additional expense and time, discouraging business permit applications in the County. Disagree. The BOS notes that the Grand Jury states in its report that "formula businesses are usually well capitalized. They plan for and can manage the development fees additional to the construction necessary to build from the ground up, which is becoming increasingly difficult for individuals." To the extent this statement is true, formula businesses are uniquely suited to absorb the additional incremental cost that may be required b...

The BOS consider and discuss assigning the enterprise designation to the CED. (F2, F4)

Response: Will Not Implement

Score: -1

. The County and Ukiah eliminate "by right" business permits and formula business restrictions, and consistently review all business development under discretionary use permits for community character. (F1, F4, F4, F6, F8) This recommendation will not be implemented because it is not warranted or reasonable. The BOS incorporates by reference our response to RI and the response of the Interim Director of Planning and Building to RI and R2.

There are insufficient appropriate vehicles directly assigned to CED to allow safe and efficient performance of the assigned tasks.

Response: Disagree Partially Score: 0

and the response by the Interim Director of Planning and Building. F5. Community character may be achievable through design modification. Agree. The BOS incorporates by reference the response by the Interim Director of Planning and Building. F6. In-N-Out Burger could have mitigated neighborhood concerns and Dollar General could have been required to provide design modifications if the code had not been written to allow "by right" commercial development. Partially disagree. There is no formal record of "neighborhood concerns" regarding In-N-Out Burger. The BOS incorporates by reference the ...

The turnover and lack of staff to conduct CED activities within Mendocino County contributes to issues not being corrected in a timely and consistent manner.

Response: Disagree Score: -1

The downtown Ukiah formula business prohibition and the County Community Character Combining District Ordinance reflect an anti-business attitude that stymies economic growth. Disagree. The BOS notes for the record that this finding appears to include a statement of personal opinion that is not supported by evidence in the record. To the contrary, the Grand Jury references formula businesses that continue to seek approval to operate regardless of the requirements that are applied by local jurisdictions or lawsuits that are brought by private parties. The BOS incorporates by reference the above...

The shortage and turnover of CED management staff contributes to lack of clear direction for employees.

Response: Agree Score: +1

agree with the Findings numbered: F5 <math>\boxtimes</math> I (we) disagree wholly or partially with the Findings numbered below, and have attached, as required, a statement specifying any portion of the Finding that are disputed with an explanation of the reasons therefore.

The Director of P&B provide in the monthly report to the BOS a summary of the monthly staff meeting with action items included.(F6, F7,F9, F10)

Response: Will Implement

Score: +1

<math>\boxtimes</math> I (we) disagree wholly or partially with the Findings numbered below, and have attached, as required, a statement specifying any portion of the Finding that are disputed with an explanation of the reasons therefore. F1, F2, F4, F6, F7, F8 I have reviewed the report and submit my responses to the RECOMMENDATIONS portion of the report as follows: The following Recommendation(s) have been implemented and attached, as required, is a summary describing the implemented actions: The following Recommendation(s) have not yet been implemented, but Ш will be implemented in the fut...

The backlog number of complaints has been significantly reduced to approximately 300. The validity of this number cannot be proven due to lack of publicly available documentation.

Response: Disagree Partially Score: 0

In-N-Out Burger could have mitigated neighborhood concerns and Dollar General could have been required to provide design modifications if the code had not been written to allow "by right" commercial development. Partially disagree. There is no formal record of "neighborhood concerns" regarding In-N-Out Burger. The BOS incorporates by reference the response by the Interim Director of Planning and Building.

Response: Disagree Score: -1

The County Community Character Combining District zoning regulations go too far by adding time and expense to the application with the risk of capricious denial. Disagree. The BOS notes for the record that this finding appears to include a statement of personal opinion not supported by evidence in the record. The BOS incorporates by reference the response of the Interim Director of Planning and Building.

There are no regularly scheduled meetings between the staff of CED and the rest of P&B. This impairs the efficient function of both staffs.

Response: Disagree Score: -1

The "wisdom of the market place" should be allowed to determine the success or failure of business. Disagree. The BOS notes for the record that this finding appears to include a statement of personal opinion not supported by evidence in the record. The BOS incorporates by reference the response of the Interim Director of Planning and Building. Recommendations:

BOS

June 22, 2017 • 4 pages • 6 responses • Score: +2 (+4, 0, -2) View Details ▾

PDF

6 responses to findings and recommendations

To reduce the backlog of complaints, there is a need for additional staff in CED; the BOS discuss and consider expanding CED staff. (F2, F4-F6)

Response: Will Not Implement

Score: -1

I have completed the above responses, and have attached, as required the following number of pages to this response form: Number of Pages attached: 2 I understand that responses to Grand Jury Reports are public records. They will be posted on the Grand Jury website: www.co.mendocino.ca.us/grandjury. The clerk of the responding agency is required to maintain a copy of the response. I understand that I must submit this signed response form and any attachments as follows: First Step: E-mail (word documents or scanned pdf file format) to: The Grand Jury Foreperson at: grandjury@co.mendocino.ca.us ...

The CED approach to complaints is reactive and rarely considers issues outside the parameters of the complaint.

Response: Agree Score: +1

agree with the Findings numbered: F2, F6 I (we) disagree wholly or partially with the Findings numbered below, and have attached, as required, a statement specifying any portion of the Finding that are disputed with an explanation of the reasons therefore.

The BOS consider and discuss assigning the enterprise designation to the CED. (F2, F4)

Response: Will Not Implement

Score: -1

<math>\boxtimes</math> The following Recommendations will NOT be implemented because they are not warranted and/or are not deemed reasonable, attached, as required is an explanation therefore:

The BOS consider assigning each CED Officer a dependable all-wheel drive vehicle. (F3)

Response: Will Implement

Score: +1

R3, R5 The following Recommendation(s) have not yet been implemented, but will be implemented in the future, attached, as required is a time frame for implementation: .

The Director of P&B provide in the monthly report to the BOS a summary of the monthly staff meeting with action items included.(F6, F7,F9, F10)

Response: Will Implement

Score: +1

R5 The following Recommendation(s) have not yet been implemented, but will be implemented in the future, attached, as required is a time frame for implementation: .

The backlog number of complaints has been significantly reduced to approximately 300. The validity of this number cannot be proven due to lack of publicly available documentation.

Response: Agree Score: +1

BOS

June 22, 2017 • 6 pages • 19 responses • Score: +2 (+6, 8, -4) View Details ▾

PDF

19 responses to findings and recommendations

Response: Disagree Partially Score: 0

The CED Officers have considerable discretion as to whether or not fines should be asserted. California Penal Code §829.5 states that CED officers are, "...authorized to issue citations, or file formula complaints". Disagree partially. On January 10, 2017, the BOS adopted an ordinance creating a new Chapter 1.08 titled "Administrative Citations and Penalties". This chapter created standardized non-discretionary penalties and a hearing process in order to address the need to be able to effectively and timely enforce code violations while recovering county costs. In addition, Chapter 8.75 was mo...

To reduce the backlog of complaints, there is a need for additional staff in CED; the BOS discuss and consider expanding CED staff. (F2, F4-F6)

Response: Will Implement

Score: +1

R1, R4, R6, R7, R8 The following Recommendation(s) have not yet been implemented, but will be implemented in the future, attached, as required is a time frame for implementation: .

The CED approach to complaints is reactive and rarely considers issues outside the parameters of the complaint.

Response: Disagree Score: -1

The CED approach to complaints is reactive and rarely considers issues outside the parameters of the complaint. Disagree. Code Enforcement regularly evaluates possible violations outside the parameters of the initial complaint.

The BOS consider and discuss assigning the enterprise designation to the CED. (F2, F4)

Response: Requires Analysis

Scheduled: fiscal year 2018 Score: 0

. The BOS consider and discuss assigning the enterprise designation to the CED. (F2, F4) This recommendation requires further analysis. At this point, it seems prudent to focus the CED on removing the backlog of complaints prior to consideration of assigning an enterprise designation. Current budgeting is based on current complaint driven functions. The BOS incorporates the Planning and Building response. R3. The BOS consider assigning each CED Officer a dependable all-wheel drive vehicle. (F3) This recommendation will not be implemented. There are sufficient all-wheel drive vehicles availa...

There are insufficient appropriate vehicles directly assigned to CED to allow safe and efficient performance of the assigned tasks.

Response: Disagree Partially Score: 0

. There are insufficient appropriate vehicles directly assigned to CED to allow safe and efficient performance of the assigned tasks. Disagree. The BOS has approved the purchase of additional vehicles for FY 2017-18 in addition to the added vehicles from 2016-17. Code Enforcement Division currently has sufficient vehicles to safely perform their duties. F4. The turnover and lack of staff to conduct CED activities within Mendocino County contributes to issues not being corrected in a timely and consistent manner. Disagree partially. Turnover has contributed to inconsistency in the department...

The BOS consider assigning each CED Officer a dependable all-wheel drive vehicle. (F3)

Response: Implemented

Scheduled: FY 2017-18 Score: 0

I have completed the above responses, and have attached, as required the following number of pages to this response form: Number of Pages attached: 4 I understand that responses to Grand Jury Reports are public records. They will be posted on the Grand Jury website: www.co.mendocino.ca.us/grandjury. The clerk of the responding agency is required to maintain a copy of the response. I understand that I must submit this signed response form and any attachments as follows: First Step: E-mail (word documents or scanned pdf file format) to: The Grand Jury Foreperson at: <a href="mailto:grandjury@co....

The turnover and lack of staff to conduct CED activities within Mendocino County contributes to issues not being corrected in a timely and consistent manner.

Response: Disagree Partially Score: 0

The turnover and lack of staff to conduct CED activities within Mendocino County contributes to issues not being corrected in a timely and consistent manner. Disagree partially. Turnover has contributed to inconsistency in the department. However, as stated by Planning and Building Services in their response, CED is currently fully staffed and turnover is not expected to continue. In addition the strong Code Enforcement Manager currently in place has greatly improved efficiency and tracking of complaint thus allowing transparency and oversight.

The Director of P&B schedule at least a monthly meeting of all staff to discuss and advise on all issues concerning P&B and CED. (F8, F9)

Response: Will Implement

Score: +1

R4, R6, R7, R8 The following Recommendation(s) have not yet been implemented, but will be implemented in the future, attached, as required is a time frame for implementation: .

The shortage and turnover of CED management staff contributes to lack of clear direction for employees.

Response: Disagree Score: -1

The shortage and turnover of CED management staff contributes to lack of clear direction for employees. Disagree. In April 2017, a Code Enforcement Division Manager was hired. This new position, along with a reorganization which made Code enforcement a Division rather than a unit, has provided clear direction for Code Enforcement staff. The BOS incorporates the CEO and Planning and Building responses.

The Director of P&B provide in the monthly report to the BOS a summary of the monthly staff meeting with action items included.(F6, F7,F9, F10)

Response: Requires Analysis

Scheduled: fiscal year 2018 Score: 0

. The Director of P&B provide in the monthly report to the BOS a summary of the monthly staff meeting with action items included. (F6, F7, F9, F10) This recommendation requires further analysis. Monthly reports are given to the BOS in open session, to include agendas and departmental actions, but a formal list of action items is not currently included. R6. The Department of P&B place all building and complaint actions in an online database for public access by street address and property number (APN) leaving off the name(s) of the complainant(s). (F6, F7, F10) This recommendation has been ...

The backlog number of complaints has been significantly reduced to approximately 300. The validity of this number cannot be proven due to lack of publicly available documentation.

Response: Disagree Partially Score: 0

The backlog number of complaints has been significantly reduced to approximately 300. The validity of this number cannot be proven due to lack of publicly available documentation. Disagree partially. As stated, the number of backlog of complaints has been significantly reduced. This number is now monitored closely with the CED new management system and database. The BOS receives a regular report of the number of complaints to include cleared complaints and backlog statistics at public meetings.

Response: Will Implement

Score: +1

R6, R7, R8 The following Recommendation(s) have not yet been implemented, but will be implemented in the future, attached, as required is a time frame for implementation: .

Response: Disagree Score: -1

There are no online data regarding code enforcement complaints and the status of code enforcement activity. This lack of transparency is detrimental to the efficient function of CED. The Grand Jury finds this lack of accuracy unacceptable because it is difficult: to determine if a complaint has been filed on a specific property to know when a complaint has been corrected · to know if there are duplicate filings of a complaint to have statistics to fairly assess the performance of the department to understand departmental operations in the interest of transparency Disagree. The decision t...

The BOS direct staff to bring all County facilities into compliance with applicable State and County codes within the next fiscal year, and report the result back to the BOS. (F11)

Response: Will Implement

Score: +1

R7, R8 The following Recommendation(s) have not yet been implemented, but will be implemented in the future, attached, as required is a time frame for implementation: .

There are no regularly scheduled meetings between the staff of CED and the rest of P&B. This impairs the efficient function of both staffs.

Response: Disagree Score: -1

There are no regularly scheduled meetings between the staff of CED and the rest of P&B. This impairs the efficient function of both staffs. Disagree. The BOS incorporates by reference Planning and Building response.

Response: Will Implement

Score: +1

R8 The following Recommendation(s) have not yet been implemented, but will be implemented in the future, attached, as required is a time frame for implementation: .

There are no departmental action plans in the report given by the P&B Director to the BOS.

Response: Disagree Partially Score: 0

There are no departmental action plans in the report given by the P&B Director to the BOS. Disagree partially. The BOS receives monthly reports from PBS at regularly scheduled public meetings. While no formal action plan is given, there are updates regarding departmental activity and agendas. F10. There is a new online program available to licensed contractors to obtain permits. In interviews it was not clear what additional changes are planned for online access by licensed contractors or the public. Agree. The new online program is implemented and PBS continues to analyze methods to increase...

F10

Response: Agree Score: +1

agree with the Findings numbered: F10 <math>\boxtimes</math> I (we) disagree wholly or partially with the Findings numbered below, and have attached, as required, a statement specifying any portion of the Finding that are disputed with an explanation of the reasons therefore.

F11

The mold growth that was found is hazardous to the health of workers and citizens who frequent County facilities.

Response: Unknown Score: 0

Recommendations: R1. To reduce the backlog of complaints, there is a need for additional staff in CED; the BOS discuss and consider expanding CED staff. (F2, F4-F6) This recommendation has been implemented. The BOS directed and approved the addition of 3 new positions in the Code Enforcement Division. The Division is currently fully staffed and continues to clear the backlog of complaints. R2. The BOS consider and discuss assigning the enterprise designation to the CED. (F2, F4) This recommendation requires further analysis. At this point, it seems prudent to focus the CED on removing the ...

Planning and Building Interim Director Response

August 22, 2017 • 6 pages • 6 responses • Score: +5 (+5, 1, 0) View Details ▾

PDF

6 responses to findings and recommendations

To reduce the backlog of complaints, there is a need for additional staff in CED; the BOS discuss and consider expanding CED staff. (F2, F4-F6)

Response: Will Implement

Score: +1

R1, R3, R4, R5 & R8 The following Recommendation(s) have not yet been implemented, but will be implemented in the future, attached, as required is a time frame for implementation: GRAND JURY REPORT RESPONSE FORM PAGE TWO X The following Recommendation(s) require further analysis, and attached as required, is an explanation and the scope and parameters of the planned analysis, and a time frame for the matter to be prepared, discussed and approved by the officer and/or director of the agency or department being investigated or reviewed: (This time frame shall not exceed six (6) months from the ...

The BOS consider assigning each CED Officer a dependable all-wheel drive vehicle. (F3)

Response: Will Implement

Score: +1

R3, R4, R5 & R8 The following Recommendation(s) have not yet been implemented, but will be implemented in the future, attached, as required is a time frame for implementation: GRAND JURY REPORT RESPONSE FORM PAGE TWO X The following Recommendation(s) require further analysis, and attached as required, is an explanation and the scope and parameters of the planned analysis, and a time frame for the matter to be prepared, discussed and approved by the officer and/or director of the agency or department being investigated or reviewed: (This time frame shall not exceed six (6) months from the date...

The Director of P&B schedule at least a monthly meeting of all staff to discuss and advise on all issues concerning P&B and CED. (F8, F9)

Response: Will Implement

Score: +1

R4, R5 & R8 The following Recommendation(s) have not yet been implemented, but will be implemented in the future, attached, as required is a time frame for implementation: GRAND JURY REPORT RESPONSE FORM PAGE TWO X The following Recommendation(s) require further analysis, and attached as required, is an explanation and the scope and parameters of the planned analysis, and a time frame for the matter to be prepared, discussed and approved by the officer and/or director of the agency or department being investigated or reviewed: (This time frame shall not exceed six (6) months from the date of ...

The Director of P&B provide in the monthly report to the BOS a summary of the monthly staff meeting with action items included.(F6, F7,F9, F10)

Response: Will Implement

Score: +1

R5 & R8 The following Recommendation(s) have not yet been implemented, but will be implemented in the future, attached, as required is a time frame for implementation: GRAND JURY REPORT RESPONSE FORM PAGE TWO X The following Recommendation(s) require further analysis, and attached as required, is an explanation and the scope and parameters of the planned analysis, and a time frame for the matter to be prepared, discussed and approved by the officer and/or director of the agency or department being investigated or reviewed: (This time frame shall not exceed six (6) months from the date of publ...

Response: Requires Analysis

Score: 0

The PBS currently has an online system for public look up of issued building permits. Further evaluation is necessary to determine if having an online system for looking up complaint actions is warranted and legally allowable. R7: This recommendation would require further analysis and direction from the Board of Supervisors. R8: This recommendation was completed in January of 2017 when the Board of Supervisors adopted Chapter 1.08 of the Mendocino County Code. .

Response: Will Implement

Score: +1

R8 The following Recommendation(s) have not yet been implemented, but will be implemented in the future, attached, as required is a time frame for implementation: GRAND JURY REPORT RESPONSE FORM PAGE TWO X The following Recommendation(s) require further analysis, and attached as required, is an explanation and the scope and parameters of the planned analysis, and a time frame for the matter to be prepared, discussed and approved by the officer and/or director of the agency or department being investigated or reviewed: (This time frame shall not exceed six (6) months from the date of publicati...

No Responses Found 1

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

County of Mendocino Agency