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Findings and Recommendations 17 findings
F1
l The Board approved the purchase of 31 new school buses without proper analysis. Agency Response: “The Board disagrees with this finding …. The Board’s June 2013 decision to purchase the 31 busses was based on facts and analysis available at the time of the decision, and only after receiving information from staff on the costs related thereto. This further affirms the District’s experience and due diligence in managing transportation to benefit the needs of our students.”
Related Recommendations (1)
R1
1 By September 1, 2016, ROV develop written policies and procedures for daily tracking of the VBM ballots picked up at the post office. Tracking should include who picked up the ballots, when they were picked up, how many were received and when they arrived at the ROV office.
F2
1 Mokelumne Rural Fire District operated in a fiscally irresponsible manner. Mokelumne Rural Fire District Response: “MRFD agrees with this Finding, in part. The former Administrative Assistant was allowed to have purchasing power on behalf of the District, (including use of a District credit card) and was the primary person responsible for the day-to-day handling of the District’s finances. This individual made improper, personal purchases, and was terminated and formally charged with theft of public funds. “The District has implemented stringent purchasing procedures… “The District disagrees with the Finding that the District spent $8,000.00 on ‘Life Lock’ (sic) services for employees potentially affected by the embezzlement activities of the former Administrative Assistant. The funds were $4,120.00 for coverage for 9 full-time employees and their dependents.”
Related Recommendations (1)
R2
1 By September 1, 2016, ROV store all ballots and equipment in a secured location with 24-hour surveillance
F3
1 The Grand Jury found that the subject of consolidation has been considered by LAFCo and some of the rural fire districts. LAFCo Response: “Agree. This finding is consistent with the Municipal Service Review for the Rural Fire Protection Districts in San Joaquin County adopted by the Commission in December 2011.”
Related Recommendations (2)
R3
1 The County should use Lodi’s efforts as a framework to start the strategic planning process.
R4
Convene and create a permanent "coordinating committee" of the local agencies that are providing services to the homeless. Use the talents and resources of these various groups to coordinate services (especially emergency food and shelter), focus on strengths, share resources and behave collaboratively. Continue the "homeless fairs" conducted every Friday at the Salvation Army's "Hope Harbor" facility; at these "fairs" homeless individuals can improve their personal hygiene with showers, haircuts, etc. On the fourth Friday of each month, representatives of different social service agencies, including medical and mental health services, are available on site to provide information about their services and to schedule follow-up appointments for those seeking assistance. In addition, representatives from local financial institutions, EDD and Job Corps will participate.
F1.1
There is no documentation to verify when and by whom VBM ballots are picked up by ROV staff from the Postal Service.
No recommendations for this finding
F1.2
The public was not informed for 328 days after election certification about the unusually high number of late ballots from the 2014 Gubernatorial Primary Election, June 3, 2014. 17
No recommendations for this finding
F1.3
Financial information required to determine indigence in the County is not being verified. 28
No recommendations for this finding
F1.4
The scope of the problem is compounded by a lack of accurate and comparable data.
No recommendations for this finding
F1.5
“Administrators have been spending inordinate amounts of time dealing with issues involving trustees, making it difficult for them to complete necessary District work.” Agency Response: “The District accepts this finding.” 129 2.0 Fact: Dramatically escalating legal costs
No recommendations for this finding
F2.1
The ballots were moved from a secured 24-hour surveillance facility to a less secure location.
No recommendations for this finding
F2.2
The warehouse video was not viewable because the system overwrites itself every three to four months.
No recommendations for this finding
F2.3
There is no documentation of material and equipment movement between ROV and the storage facilities.
No recommendations for this finding
F3.1
The City of Lodi along with private individuals and agencies have taken encouraging steps to address the homeless issue. The success Lodi has achieved can be attributed to the coordinated efforts of public agencies, non-profit groups and churches (see Appendix 2).
No recommendations for this finding
F3.2
The County’s “2010-2015 Consolidated Plan” listed seven “Weaknesses in Organizational Structure” to address the homeless population and actions necessary to eliminate those weaknesses. The County’s “2015-2019 Consolidated Plan” provided no evidenced the issues were addressed.
No recommendations for this finding
F3.3
“The independent, full-time position of Safety Program Manager has been vacant since May 2013 and the decision to fill the position on an interim basis with the Deputy Director of Wastewater caused some employees to perceive it to be a conflict of interest.” Agency Response: “The City of Stockton disagrees with this finding. The Department does not have a position of Safety Program Manager in its workforce. Currently, the only full-time position allocated to the Department's safety program is the Occupational Health and Safety Specialist that was vacated in 2013. MUD is pursuing an immediate recruitment of the Occupational Health and Safety Specialist position and intends to have this position filled in the current 2015-2016 fiscal year. For the past two years, the Deputy Director of Wastewater, an expert in the safety field, has been assigned these duties. In addition, the entire safety program for the Department was evaluated in 2014 and a new program developed with expert consultant support under the view and support of the City's Risk Management Division and Cal/OSHA staff. The MUD will continue with consultant services in 2015-16 to develop policies and evaluate the ongoing need for a Safety and Training Program Manager position in future years as the policies are available for the manager to implement.” The 2015-2016 Grand Jury determined no further action is required.
No recommendations for this finding
F3.4
“Complaints regarding safety concerns have often been filed directly to Cal/OSHA by MUD employees intimating a lack of trust in management personnel to solve issues.” Agency Response: “The City of Stockton disagrees partially with this finding. Staff may contact their direct supervisor, union representative, manager, employee Safety Committee, Deputy Director, Director, the City's Risk Management Division and the City Manager's Office regarding safety concerns. It is also the prerogative of any MUD employee to contact Cal/OSHA at any time if he or she feels they have a safety concern in the workplace so that an employee need not only address their concerns with MUD management. Over the past few years, many staff safety concerns have been brought to the attention of management staff, safety committee and addressed accordingly. Therefore, the City of Stockton disagrees with the part of the finding holding that there is or was a lack of trust in MUD management to solve such issues. This has been a cooperative effort between staff, the Department's Safety Committee and management. As a result, millions of dollars have been spent on staff safety training and infrastructure improvements throughout all the divisions and department-wide to address concerns and improve safety for all employees. “MUD has developed a Safety Program Manual that identifies a total of 25 Program Elements, seven of which have been completed with four in draft form as of the date of this letter. These Program Elements are developed by NES, Inc., reviewed by the Safety Committee and signed by the assigned manager, Safety Committee Chairperson and the Director of MUD prior to distribution to a total of 37 control copy binders throughout the Department. Once the Program Element has been issued, training is then conducted specific to the Program Element. Specific changes are being developed to address concerns and being implemented.” The 2015-2016 Grand Jury determined no further action is required. 115
No recommendations for this finding
F4.1
“Board by-laws Sections 9000, 9005, 9010, and 9011 were violated by the Board members as described in this report.” Agency Response: “The District accepts this Finding.”
No recommendations for this finding
F4.2
“By-law changes dealing with the Board were added or updated as a result of Board member behavior.” Agency Response: “The District accepts this Finding.” 131 Conclusion The 2015-2016 Grand Jury believes the District has substantially complied with the
No recommendations for this finding
Additional Recommendations 8
These recommendations are not explicitly linked to specific findings.
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R6Consider the implementation of the "Downtown Street Team" program currently working in San Jose. This program employs homeless people to conduct basic maintenance and beautification projects in downtown areas. Develop a resource guide for property owners that defines nuisance behavior and how to respond to such behavior. Develop a corresponding resource guide for homeless individuals which defines legal and illegal behavior.
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R8Continue to encourage the cooperation of private community groups to consolidate that mid-day meal at the Salvation Army. Local groups that want to help should be on the same page and agree to provide meals in locations that promote and reward appropriate behavior. We wish to acknowledge Rev. David Hill and members of Grace Presbyterian Church for their understanding, cooperation and leadership in this effort.
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R9Secure and/or re-allocate City resources to provide LPD bike patrols for Lodi's downtown area after 4 pm. While homeless persons are certainly present in the downtown area, they are only responsible for approximately 40% of the nuisance behavior; the so-called "drunk 20s" are responsible for the remaining 60%. Encourage local faith communities to "adopt" a homeless individual and/or family, providing housing assistance while the individual finds work, enrolls in school, receives treatment for medical/mental health conditions, etc. We are aware of at least one local church, Bear Creek Community Church under the leadership of Rev. Bill Cummins, has made and implemented this commitment. This strategy is similar to that used after the end of the Vietnam War when refugee families were "sponsored" by faith communities as they assimilated into American society.
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R11Initiate an educational campaign to help local community groups, faith communities and others understand how they can channel their compassion for the homeless in ways that effectively contribute to their long term health and safety. As this reports indicates, not all help is helpful, but it is welcomed and appreciated if delivered with more focused intent. Such an educational campaign would also help to dispel some of the misinformation that is expressed about homeless people.
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R12To discourage the homeless, as well as others who are not homeless, from hanging out in the downtown area, place signs that discourage "aggressive" and illegal panhandling" from local residents, tourists and business patrons. Consider placing "parking meters" to collect funds from those who would like to help out, but need a mechanism that guarantees funds are received and allocated to agencies that can do the most good. In addition, place signs that indicate the locations of public restrooms.
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R13Organize neighborhood "block walks" that check on and discourage homeless individuals who are sleeping in inappropriate areas and causing a public safety hazard. This effort could be done in conjunction with the "safe neighborhoods" initiative sponsored by the LPD. Provide neighborhood groups with resource guides by which to direct the people they encounter to local resources. Explore how such block walks could be coordinated with National Night Out.
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R14Insist on agency collaboration in the Community Development Block Grant (CDBG) process to insure that the highest priority needs receive greater consideration than individual agency requests. We would like to see greater agreement and commitment to a more substantial "big picture" objective than the awarding of smaller grants that tend to achieve short term objectives, but do not build long term sustainability.
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R15Encourage the LPD and local service providers to sensitively gather information about the homeless people with whom they interact; find out who they are, where they came from, where they intend to go, and how they can receive services to help them. The more we know about this population, which we tend to paint with a very broad brush, the more effectively we can respond. AND CONTRACTOR OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY B. Longer Term Strategies and Actions The following is a list describing a number of strategies and actions that can be implemented over a longer period of time, probably anywhere between three to five years. Many of them will require a level of cooperation and collaboration with service providers located in Stockton and/or affiliated with the San Joaquin County. The county's Department of Mental Health and the District Attorney's office are now included as members of the leadership group that is shepherding this entire project, which is an excellent sign of commitment to seriously address the homeless issue.
Conclusions 52
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CL11 "Board by-laws Sections 9000, 9005, 9010, and 9011 were violated by the Board members as described in this report." Agency Response: "The District accepts this Finding."
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CL2Consider the implementation of the "Downtown Street Team" program currently working in San Jose. This program employs homeless people to conduct basic maintenance and beautification projects in downtown areas. Develop a resource guide for property owners that defines nuisance behavior and how to respond to such behavior. Develop a corresponding resource guide for homeless individuals which defines legal and illegal behavior.
-
CL3Continue to encourage the cooperation of private community groups to consolidate that mid-day meal at the Salvation Army. Local groups that want to help should be on the same page and agree to provide meals in locations that promote and reward appropriate behavior. We wish to acknowledge Rev. David Hill and members of Grace Presbyterian Church for their understanding, cooperation and leadership in this effort.
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CL4Secure and/or re-allocate City resources to provide LPD bike patrols for Lodi's downtown area after 4 pm. While homeless persons are certainly present in the downtown area, they are only responsible for approximately 40% of the nuisance behavior; the so-called "drunk 20s" are responsible for the remaining 60%. Encourage local faith communities to "adopt" a homeless individual and/or family, providing housing assistance while the individual finds work, enrolls in school, receives treatment for medical/mental health conditions, etc. We are aware of at least one local church, Bear Creek Community Church under the leadership of Rev. Bill Cummins, has made and implemented this commitment. This strategy is similar to that used after the end of the Vietnam War when refugee families were "sponsored" by faith communities as they assimilated into American society.
-
CL5Initiate an educational campaign to help local community groups, faith communities and others understand how they can channel their compassion for the homeless in ways that effectively contribute to their long term health and safety. As this reports indicates, not all help is helpful, but it is welcomed and appreciated if delivered with more focused intent. Such an educational campaign would also help to dispel some of the misinformation that is expressed about homeless people.
-
CL6To discourage the homeless, as well as others who are not homeless, from hanging out in the downtown area, place signs that discourage "aggressive" and illegal panhandling" from local residents, tourists and business patrons. Consider placing "parking meters" to collect funds from those who would like to help out, but need a mechanism that guarantees funds are received and allocated to agencies that can do the most good. In addition, place signs that indicate the locations of public restrooms.
-
CL7Organize neighborhood "block walks" that check on and discourage homeless individuals who are sleeping in inappropriate areas and causing a public safety hazard. This effort could be done in conjunction with the "safe neighborhoods" initiative sponsored by the LPD. Provide neighborhood groups with resource guides by which to direct the people they encounter to local resources. Explore how such block walks could be coordinated with National Night Out.
-
CL8Insist on agency collaboration in the Community Development Block Grant (CDBG) process to insure that the highest priority needs receive greater consideration than individual agency requests. We would like to see greater agreement and commitment to a more substantial "big picture" objective than the awarding of smaller grants that tend to achieve short term objectives, but do not build long term sustainability.
-
CL9Encourage the LPD and local service providers to sensitively gather information about the homeless people with whom they interact; find out who they are, where they came from, where they intend to go, and how they can receive services to help them. The more we know about this population, which we tend to paint with a very broad brush, the more effectively we can respond. AND CONTRACTOR OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY B. Longer Term Strategies and Actions The following is a list describing a number of strategies and actions that can be implemented over a longer period of time, probably anywhere between three to five years. Many of them will require a level of cooperation and collaboration with service providers located in Stockton and/or affiliated with the San Joaquin County. The county's Department of Mental Health and the District Attorney's office are now included as members of the leadership group that is shepherding this entire project, which is an excellent sign of commitment to seriously address the homeless issue.
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CL102 0 0 Proposition 63 104 129 127 160 160 Homeless Court 0 40 64 0 65 Section 6500 8 19 13 6 10 Civil Contempt 66 69 73 69 69 Motions 155 266 435 409 410 Writs 28 40 29 24 25 Violations of Community Supervision 317 686 1,282 1,070 1,000 Conditional Release Program N/A 9 2 3 3 Parole Violations N/A 765 N/A 1,024 1,100 Proposition 47 N/A N/A N/A 1,764 3,000 CHCF (Medical Facility) N/A N/A N/A 7 10 Veterans' Court N/A N/A N/A San Joaquin County Grand Jury OF SAN Homelessness in San Joaquin County "Time for Collaboration, Commitment and Communication" 2015-2016 Case No. 1507 Summary The 2015-2016 Grand Jury initiated an examination of the homeless situation in San Joaquin County. Through the course of its investigation jurors found some consistent themes: witnesses for virtually each entity felt resources were scarce and the issues complex, emotional and multi-faceted. In addition, jurors were told local community leaders must ultimately lead any initiatives. Strategies developed must be based on our County's unique needs. A one-size-fits-all approach will not be effective. While resources to address this issue may be limited there are many public, private and non-profit agencies attempting to help. A homeless Lodi couple rests at a Cherokee Lane Unfortunately, there is little, if any, bus stop. coordination among the various groups. While resources may be scarce, resourcefulness should not be. In addition to the lack of coordination among agencies, there is no overarching strategic plan to prevent and end homelessness. Among other things, the Grand Jury found: San Joaquin County does not have a single clearly defined strategic plan to address homelessness Collaboration and communication among County government and private agencies is virtually nonexistent There are many governmental, private and non-profit agencies that strive to help the • homeless, but there is no leadership to focus all the parties involved The lack of leadership, communication and collaboration indicates that addressing homelessness in the County has not been a major priority As a result, the Grand Jury recommends: County officials take the leadership role in creating a single, focused and coherent strategic plan to address A homeless camp under Highway 99 in Lodi. homelessness This strategic plan needs measureable long- and short-term goals and objectives with an established timeline and an annual evaluation process One individual within County government be appointed to oversee all matters related to the homeless That individual needs to report directly to the County Administrator and have the authority, resources and respect to bring together the necessary entities to develop the County's Strategic Plan on Homelessness
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CL11San Joaquin County's "Homeless Prevention Plan" 2. "Homelessness in Lodi; Current Conditions, Challenges and Recommended Strategies; Committee on Homelessness (September 2015) HOMELESS PREVENTION: Primary goals/objectives: In accordance with the consolidated plans of San Joaquin County and the City of Stockton, and in accordance with the objective stated in the ten year plan to end homelessness included in the annual Continuum of Care submission to HUD to reduce the number of homeless families, the general goals and objectives of the homeless prevention plan are to provide: Intervention on behalf of households who are in imminent risk of becoming homeless to prevent people from initially becoming homeless Diversion from emergency shelters of working households who have reached the point of contacting shelters Rapid re-housing of working households who have become homeless. Targeted populations: Households income forced to vacate rental properties that enter foreclosure, and where ٠ there is a reasonable expectation of becoming self-sufficient within six months Households at imminent risk of becoming homeless due to factors not related to the ٠ activity of one or more household members, where the household has experienced a sudden and substantial loss of income, where such loss is not due to the activity of one or more household members, and where there is a reasonable expectation of becoming self- sufficient within six months Households in transitional housing where the household has experienced a sudden and substantial loss of income, where such loss is not due to the activity of one or more household members, and where there is a reasonable expectation of becoming self- sufficient within six months Households at imminent risk of becoming homeless due to factors not related to the activity of one or more household members, where the household has experienced a sudden and substantial increase in utility costs where such increase is not due to the activity of one or more household members, and where there is a reasonable expectation of becoming self-sufficient within six months Households with forced to vacate rental housing condemned by local housing officials, when condemnation is not a result of the activity of one or more household members, and where there is a reasonable expectation of becoming self-sufficient within six months Households at imminent risk of becoming homeless due to factors not related to the activity of one or more household members, where there has been a traumatic life event, such as death of a spouse or primary care giver or recent health crisis that prevented the household from meeting its normal financial responsibilities, and where there is a reasonable expectation of becoming self-sufficient within six months Households with at least one adult employed, at imminent risk of becoming homeless due to factors not related to the activity of one or more household members, and where there is a reasonable expectation of becoming self-sufficient within six months Households with currently living in an emergency shelter, in locations not meant for human habitation, or are fleeing domestic violence, where there is a reasonable expectation of becoming self-sufficient within six months, and who for whom there is not the expectation of transitional or permanent housing assistance from other existing community programs within 30 days Definitions:
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CL12Purchase a facility that can provide transitional housing to homeless individuals who are seeking to rebuild their lives. Explore potential funding sources and/or management and partnership opportunities.
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CL13Develop a single and comprehensive resource guide for the use of service providers and the homeless. Currently there are a number of "resource guides" that are either incomplete or largely focused on the services of specific agencies. The more comprehensive and local resource guide should be coordinated with the county's 211 information and referral service. THE RESIDENCE TO SERVICE STATES OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE PARTY OF THE P
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CL14Convene and create a permanent "coordinating committee" of the local agencies that are providing services to the homeless. Use the talents and resources of these various groups to coordinate services (especially emergency food and shelter), focus on strengths, share resources and behave collaboratively. Continue the "homeless fairs" conducted every Friday at the Salvation Army's "Hope Harbor" facility; at these "fairs" homeless individuals can improve their personal hygiene with showers, haircuts, etc. On the fourth Friday of each month, representatives of different social service agencies, including medical and mental health services, are available on site to provide information about their services and to schedule follow-up appointments for those seeking assistance. In addition, representatives from local financial institutions, EDD and Job Corps will participate.
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CL15Wards can receive a diploma or GED and work toward an Associate Degree. Wards who spoke to the Grand Jury were articulate, courteous and motivated to take advantage of the opportunities that are available. Participation by the Foster Grandparents Program was first-rate. Staff appeared well trained, administered structured programs and invested in the programs. The facility appeared clean, well maintained and not crowded; safety did not appear to be
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CL16an issue. During the tour Grand Jurors noted a number of things that need attention: O.H. Close is very much showing its age. Tiles are worn to the point of being completely
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CL17gone; swamp coolers were rusted beyond repair. One N.A. Chaderjian dormitory smelled of urine. Although O.H. Close has impressive landscaping training, they aren't using this program to maintain the facility grounds. Broken light fixtures.
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CL18"Staffing levels appeared adequate to maintain control." "The DVI lieutenant who led the Grand Jury tour was experienced, enthusiastic and
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CL19knowledgeable with all aspects of the institution; in addition she was aware of the proximity of inmates to visitors." "Reentry educational and vocational training programs were exceptional."
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CL20"DVI is well maintained both inside and outside."
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CL21"Overcrowding did not appear to be a problem."
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CL22"Inmates were cooperative with staff during visit." •
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CL23donation bin on private property Shall obligate the bin owner to maintain it
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CL24Shall obligate the bin owner to hold property owners and their agents harmless from
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CL25liability who remove unwanted bins from their property Shall require donation bins meet or exceed the requirements found in the California Welfare and Institutions Code, §§150 to 153 Shall adopt sanctions for any violations of the ordinance provisions
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CL26Shall require owners of donation bins that do not have IRS Code 501(c)(3) status to
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CL27pay permit fee to generate income to help off-set ordinance enforcement efforts City of Escalon Response: "The City will consider an ordinance with the elements identified in the Grand Jury recommendation." City of Lathrop Response: "On or before December 1, 2015, the City of Lathrop will consider an Ordinance adding Chapter 15.60 REGULATION OF UNATTENDED DONATION BINS to Lathrop Municipal Code Title 15 BUILDINGS AND CONSTRUCTION." City of Lodi Response: "The City of Lodi has adequate enforcement authority to address the problem identified by the Grand Jury. Accordingly, the City of Lodi respectfully declines the Grand Jury's recommendation." City of Manteca Response: "The City of Manteca agrees to enact an ordinance and permit process regulating to unattended donation bins as set forth in the Recommendation R1 ...." City of Ripon Response: "The City of Ripon agrees to enact an ordinance that regulates unattended donation bins as set forth in Recommendation R1." City of Stockton Response: "The respondent partially agrees with this recommendation. The City of Stockton agrees that a review of current regulations is merited, with the objective of developing more specific regulations for addressing challenges that arise from unattended donation bins. City staff will conduct this review by December 31, 2015, including a review of similar regulations from benchmark cities, and prepare a recommendation for the City Council. However, the recommendation is very prescriptive and includes detailed code requirements that may not be best suited of (sic) tailored to the specific circumstances in Stockton The City will take into account and review each of the specific recommendations outlined above, but reserves the right to design and adopt those specific regulations that are most appropriate for our community." City of Tracy Response: "This recommendation has not yet been implemented, but the City will enact an ordinance regulating unattended donation bins by December 1, 2015. However, the contents of such an ordinance is (sic) yet to be determined." County of San Joaquin: "The recommendation will not be implemented. " If the County enacted a land use ordinance to regulate for-profit donation bins, it could certainly include a component to require consent or acknowledgement from the property owner. However, maintenance of real property or any appurtenances on the property is the responsibility of the property owner. In addition, restriction of liability between a property owner and an affected party is a legal concern and not addressed through land use ordinances. "The current County ordinance code does provide for resolution of land use violations through referral to the District Attorney. Included in the legal proceeding is the ability to recover enforcement costs. The County could collect a fee through a discretionary application to place a donation bin on an approved site and in turn use those revenues to subsidize enforcement activities on other parcels, however, such a fee is unlikely to cover the cost of enforcement. "Ultimately, the County does not have authority, through land use regulations, to enact or implement many of the recommendations contained in the report and, therefore, will not be moving forward with an ordinance to regulate unattended donation bins." The 2015-2016 Grand Jury reviewed all Findings, Recommendations and agency responses and determined no further action is required.
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CL28The removal of 20,000 square feet of graffiti and repainting
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CL29The removal of 520 cubic yards of debris, 60 pieces of e-waste and 40 tires The abatement of 13 properties Bringing into compliance 11 homes found with fixed window bars
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CL30The attendance by Blitz staff at 24 community meetings and the scheduling of a
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CL31community volunteer day to paint five houses Waste cans and park benches being painted by community youths The completion of 12 public works projects (street signs, potholes and park repairs) Disclaimer Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code sections 911, 924.1(a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code sections 924.2 and 929) Follow-Up Report to the 2014-2015 San Joaquin County Grand Jury Case No. 1417 Manteca Unified Board of Trustees: Board Behavior Creates Conflict 2014-2015 Case No. 1417 Preface This report contains the methods the 2015-2016 Grand Jury used to determine if the Manteca Unified Board of Trustees responded to the 2014-2015 Grand Jury Final Report. The sitting Grand Jury monitors the responses in the areas of compliance, responsiveness and implementation. The 2014-2015 Grand Jury recommendations were meant to strengthen the District's operations, efficiency and compliance within the Manteca Unified School District Board of Trustees. A complete copy of the original report and the District's responses may be found on the San Joaquin County Grand Jury website at: https://www.sjcourts.org/grandjury/previous GJ 2012-07-12.htm 1.0 Fact F1.1 "Coercion by some trustees caused established Board policies and procedures, including safeguards, to be circumvented by some administrators." Agency Response: "The District accepts this finding." R1.1 "By September 30, 2015, a policy should be adopted by the MUSD Board of Trustees to accomplish the following: When a Board member or an administrator becomes aware of any improper behavior by any Board member, it will be immediately shared with the Superintendent and all Board members." Agency Response: "The Recommendation has not been implemented but it will be implemented by the timeline set forth above. However, the policy will clarify that when a Board member or administrator becomes aware of any violations of Board Policies, Administrative Regulations, Board Bylaws and/or the law that this information will be shared immediately with the Superintendent and all Board members." The 2015-2016 Grand Jury reviewed the agency's response and newly revised Board by-laws. The Grand Jury determined no further action is required. F1.2 "Public statements by some trustees have caused anger and disruption in MUSD." Agency Response: "The District accepts this finding." R1.2 "By September 30, 2015, the MUSD Board should adopt a policy that calls for immediate action when a trustee violates District by-laws. This would include public discussion at the earliest possible Board meeting, and/or moving to censure the trustee found to be in violation." Agency Response: "The Recommendation will not be implemented because it is not reasonable. It is not reasonable as "immediate" action is rarely under the confines of the Brown Act. The Brown Act requires, among other limitations, that action items be properly agendized under a specific timeline. In addition, the District believes that a policy that includes progressive interventions is a more collaborative and efficient approach." The 2015-2016 Grand Jury reviewed the agency's response and revised Board by-laws. The Grand Jury determined no further action is required. F1.3 "Some Board members interfered with employees' duties, violating Board policies and by- laws." Agency Response: "The District accepts this finding." F1.4 "Behavior by some Board members has made employees fearful in the workplace." Agency Response: "The District accepts this finding." F1.5 "Administrators have been spending inordinate amounts of time dealing with issues involving trustees, making it difficult for them to complete necessary District work." Agency Response: "The District accepts this finding." 2.0 Fact: Dramatically escalating legal costs F2.1 "Costs for legal services related to Board members' behavior has increased during the first nine months of the current fiscal year nearly 30 times what it was two years earlier." Agency Response: "The District accepts this Finding." F2.2 "The departure of Weston Ranch High School principal added an unnecessary cost to the District." Agency Response: "The District accepts this Finding." 3.0 Fact: Board and staff training F3.1 "Only a few trustees have attended school board training in recent years preventing some trustees from having a common understanding of their role and responsibilities." Agency Response: "The District accepts this Finding." R3.1 "Newly elected Board members are strongly urged to participate in a new board training offered by CSBA or other organizations." Agency Response: "The Recommendation has already been implemented with a summary of the implemented action described below: "New Trustees are encouraged to attend the annual CSBA Conference and Trade Show for newly elected Trustees. Further the San Joaquin County Office of Education hosts a meeting for new Trustees, generally in February. "At the March 3, 2015, Board of Education meeting, the Board adopted 9250, Remuneration, Reimbursement, Other Benefits encouraging Board members to attend no more than one conference/training per year tailored to the Roles of the Board. Additionally, the Board adopted Bylaws 9000, Roles of the Board, 9005, Governance Standards, 9011, Disclosure of Confidential Privileged Information, and 9012, Board Members Electronic Communications. "Enclosed is the Board adopted Bylaw 9250, Remuneration, Reimbursement, Other Benefits and the minutes reflecting Board adoption." The 2015-2016 Grand Jury reviewed the agency's response and documentation. The Grand Jury determined no further action is required. F3.2 "A lack of understanding by staff of the role of Board members has caused serious problems." Agency Response: "The District accepts this Finding." R3.2 "All Board members are strongly urged to participate in annual board training offered by CSBA or other organizations to keep them current with educational trends and changing legislation." Agency Response: "The Recommendation has already been implemented with a summary of the implemented action described below. "At the March 3, 2015, Board of Education meeting, the Board adopted 9250 Remuneration, Reimbursement, Other Benefits encouraging Board members to attend no more than one conference/training per year tailored to the Roles of the Board. Additionally, the Board adopted Bylaws 9000, Roles of the Board, 9005, Governance Standards, 9011, Disclosure of Confidential Privileged Information, and 9012, Board Members Electronic Communications. "Enclosed is the Board adopted Bylaw 9250, Remuneration, Reimbursement, Other Benefits and the minutes reflecting Board adoption." The 2015-2016 Grand Jury reviewed the agency's response and revised Board by-laws. The Grand Jury determined no further action is required. R3.3 "Administrators should review Board by-laws and share with their staff those sections dealing with Board governance." Agency Response: "The Recommendation has not yet been implemented but it will be implemented by the following timeline. "A procedure will be added to the new employee packet to include the Bylaws referencing Board governance and will require signature of employee acknowledging receipt of information. Further, the Superintendent will disseminate a memo to administrators and supervisors to review the Bylaws with their staff. The procedure will be reviewed annually by the Superintendent." The 2015-2016 Grand Jury reviewed the agency's response and revised Board by-laws. The Grand Jury determined no further action is required. 4.0 Fact: Board by-laws updates expedited because of Board behavior F4.1 "Board by-laws Sections 9000, 9005, 9010, and 9011 were violated by the Board members as described in this report." Agency Response: "The District accepts this Finding." F4.2 "By-law changes dealing with the Board were added or updated as a result of Board member behavior." Agency Response: "The District accepts this Finding."
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CL32Investigate and report on the operations, accounts and records of city and county offices,
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CL33departments and their functions; Inquire into the allegations of willful or corrupt misconduct of public officials;
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CL34Investigate into the activities of all school and special assessment districts within the
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CL35county; Submit a final report of its findings and recommendations to the Presiding Judge of the
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CL36Superior Court. How the Grand Jury is Organized The Presiding Judge of the Superior Court empanels 19 Grand Jurors to serve for one year, fulfilling the duties as outlined under state law. The judge appoints a foreperson who presides over the grand jury. The grand jury elects other officers and organizes itself. The jurors meet in a weekly general session. Smaller investigative committees meet throughout the week. In addition, jurors meet with county and city officials, visit county detention facilities, and conduct independent reviews on matters of interest or concern. Each of the working committees report to the full Grand Jury. Conclusions are reached after study and thorough discussion of the issues and they may appear as part of the grand jury's final report. Desirable Attributes of a Grand Juror Grand Jury service is a volunteer position with modest monthly compensation for meetings and mileage. Members receive a wealth of experience and provide a vital service to their community. Good health
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CL37Knowledge of and interest in local government and community affairs Skill in working productively with others in a group setting where respect and patience are
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CL38essential Skill and experience in fact-finding, investigative techniques and report writing Benefits of Being a Grand Juror The benefits of being a grand juror are many: You will enjoy the satisfaction and pride of doing an important job.
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CL39There is the experience of being a member of a respected panel. You will become part of a body of people with the unique authority to see local government workings not available to most county citizens. As a grand juror, you have an opportunity to make a difference for your community.
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CL40Qualifications To be considered for nomination, you must meet the following legal requirements: Be a U.S. citizen;
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CL41Be at least 18 years old;
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CL42Be a resident of San Joaquin County for at least one year immediately prior to the
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CL43beginning of your service; Possess intelligence, sound judgment and good character;
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CL44Have sufficient knowledge of English language to communicate orally and in writing;
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CL45You cannot be considered:
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CL46If you are serving as a trial juror in any court in California; If you have served as a Grand Juror in any California courty within the previous year; If you have been convicted of malfeasance in office or any other high crime; If you are serving as an elected public officer.
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CL47Citizen Complaints The Grand Jury receives complaints regarding all levels of local government. They may include, but are not limited to, allegations of misconduct by public officials or employees and inefficiencies in local government. Any citizen may submit a complaint by completing a Complaint Form. Complaints are treated as confidential. This allows a complainant to come forward without intimidation. Generally, the Grand Jury provides to the complainant written acknowledgement of receipt of a complaint. However, with so many possible investigations, it is necessary for the Grand Jury to make hard decisions about what investigations to undertake during their term. The complaint form should be submitted only after all attempts to correct an issue have been explored. The Civil Grand Jury complaint form can be found on the next page and at: http://www.sjcourts.org/sites/default/files/pdfs/grandjury/CompForm.pdf Send your completed form to: San Joaquin County Superior Court Attn: Trisa Martinez, Judicial Secretary 222 E. Weber Avenue, Room 303 P. O. Box 201022, Stockton, CA 95201 Forms also can be obtained by visiting or writing to the address above. The Grand Jury does not accept complaints via e-mail. To Learn More ... For more information about the San Joaquin County Civil Grand Jury visit: http://sjcourts.org/general-info/civil-grand-jury SAN JOAQUIN COUNTY CIVIL GRAND JURY 222 E. Weber Ave., Room 303 Stockton, CA 95202 Phone: (209) 468-3855 COMPLAINT FORM All communications to the Grand Jury are confidential. The Grand Jury is the avenue for county residents to bring attention to what they believe are injustices not resolved by public agencies, after other reasonable efforts have failed. What is your name, address and phone number? What agency and/or person are you complaining against? (Name of agency and all individuals, including their addresses and phone numbers) Please explain the nature of your complaint providing as many details as you can, including dates, times, and places where the events took place. (Attach extra sheets if necessary)- Action taken. (Please list other persons and/or agencies you have contacted in an attempt to resolve this complaint and any actions you have taken yourself.) Witnesses. (Please provide names and telephone numbers of anyone else who can substantiate your complaint.) _____ The information in this form is true, correct and complete to the best of my knowledge. SIGNATURE: DATE: _____
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CL48The issue of the 800 uncounted VBM ballots was brought to light publicly in The Record newspaper column on May 14, 2015, 345 days after the election. The Grand Jury attempted to answer three important questions: (1) What caused the late delivery of approximately 800 VBM ballots from the June 3, 2014, Gubernatorial Election? (2) Why were these same ballots not counted? (3) Did ROV do everything it could to make sure every vote counted? Due to lack of ROV documentation the Grand Jury could not confirm which ROV employees picked up the VBM ballots at Delta Station PO during the 2014 primary election. The ROV blamed the USPS for the late delivery of the ballots in question. The USPS does not guarantee the time it takes for mail to be delivered. Again, a complete lack of documentation prevented the Grand Jury from vetting this claim. The change in the State Election Code effective January 1, 2015 addresses some of the ballot delivery problems, however it does not address ROV's issues involving procedural documentation and ballot tracking. Equally disturbing, ROV personnel failed to notify the public of the 800 ballots that were received late and not counted. The Grand Jury requested to view the late ballots in question. Jurors were assured the ballots had been isolated. However, when jurors viewed the ballots they learned that all uncounted ballots had been commingled. The Grand Jury could not confirm they actually viewed the 800-plus uncounted VBM ballots the ROV received on June 4, 2014. The arrival of 800 ballots the morning after the election created considerable angst among election officials. It was highly unusual for hundreds of ballots to suddenly appear a day late. Nevertheless, election officials, while not legally required to report late VBM ballots, felt no ethical obligation to announce to the public what had happened. It has been an enlightening journey for the Grand Jury. After numerous interviews and poring over pages of documents, the Grand Jury cannot point to a specific breakdown in the election process that caused this to occur. However, the Jury has offered several recommendations that it hopes will lead to a better overall system for receiving, tracking and maintaining the security of VBM ballots. The citizens of San Joaquin County deserve a system that ensures and gives them faith again that EVERY VOTE DOES COUNT. Disclaimers Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code section 911. 924.1 (a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code sections 924.2 and 929). Response Requirements California Penal Code sections 933 and 933.05 require that specific responses to all findings and recommendations contained in this report be submitted to the Presiding Judge of the San Joaquin County Superior Court within 90 days of receipt of the report. The San Joaquin County Board of Supervisors shall respond to all Findings and Recommendations in this report. Mail a hard copy of the response to: Honorable José L. Alva, Presiding Judge San Joaquin County Superior Court P.O. Box 201022 Stockton, CA 95201 Or hand deliver to: 222 E. Weber Ave., Room 303 Stockton, CA 95202 Also, please email the response to Ms. Trisa Martinez, Staff Secretary to the Grand Jury at grandjury@sjcourts.org
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CL49The Grand Jurors found that Deuel Vocational Institution, while being an older facility, was well maintained inside and outside. Dedication and commitment of the staff was evident. The Grand Jury noted there is no priority given to job placement for inmates eligible for release that have completed educational or vocational courses and received proper certification. Acknowledgements The 2015-2016 Grand Jurors would like to acknowledge all staff who spent time touring with the Grand Jury and discussing issues of interest and concern to them. Jurors also would like to acknowledge the creative and innovative programs and the professionalism of the staff. Disclaimer Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code sections 911, 924.1 (a), and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code sections 924.2 and 929). San Joaquin County Grand Jury Juvenile Justice Detention Facilities October 7, 2015 Introduction The Grand Jury is mandated pursuant to Penal Code section 919(a) to investigate individual cases of persons confined but not indicted in facilities of the State of California, County of San Joaquin and Cities within the county. Penal Code section 919(b) states the Grand Jury inquire into the condition and management of the public prisons within the county. Juvenile Justice Detention The Juvenile Division of the Probation Department serves and assists the Juvenile Court in matters concerning the supervision of juvenile offenders and performs other investigations as mandated by various sections of the state Welfare and Institutions Code.
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CL50LAFCo agreed to coordinate a series of meetings with the fire districts to discuss consolidation. LAFCo expressed that it did not believe a structured time frame is needed nor that consolidation would necessarily be beneficial. Many of the fire districts were established to address the unique circumstances and specialized needs of their districts and these districts provide direct access to their constituency. LAFCo concluded the subject is deserving of discussion with all of the districts. LAFCo recognized that prior to any consolidation efforts the staff, elected officials and community will need to be engaged in the process. An update to the Municipal Service Review (MSR) for the Rural Fire Protection Districts in San Joaquin County is scheduled to be completed in December 2016, which will be an opportune time to address the issue of consolidation. LAFCo expects that these discussions will begin in July or August 2016. The Grand Jury believes consolidation deserves careful consideration and should benefit the taxpayers and result in better service. Disclaimer Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code sections 911, 924.1(a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code sections 924.2 and 929) Follow-Up Report to the 2014-2015 San Joaquin County Grand Jury Case No. 1407 STOCKTON UNIFIED SCHOOL DISTRICT Rubber Stamped School Buses Still Idle Lack of Board of Trustees Oversight 2014-2015 Case No. 1407 Preface This report contains the methods the 2015-2016 Grand Jury used to determine if the Stockton Unified School District Board of Trustees responded to the 2014-2015 Grand Jury Final Report. The 2014-2015 Grand Jury recommendations were meant to strengthen the District's operations, efficiency and compliance with their fiduciary responsibility as set forth in the California Education Code. A complete copy of the original report and the District's responses may be found on the San Joaquin County Grand Jury website at: https://www.sjcourts.org/grandjury/previous GJ 2012-07-12.htm F1.1 The Board approved the purchase of 31 new school buses without proper analysis. Agency Response: "The Board disagrees with this finding .... The Board's June 2013 decision to purchase the 31 busses was based on facts and analysis available at the time of the decision, and only after receiving information from staff on the costs related thereto. This further affirms the District's experience and due diligence in managing transportation to benefit the needs of our students." F1.2 The Board approved the sale of 31 new school buses based on a factually inaccurate staff report without proper analysis. Agency Response: For the reasons described above, the Board disagrees with this finding. During the 2014-2015 school year, with new leadership in the District came different priorities and a determination in 2014 that the 31 buses should be sold following State law procedures. This decision was made based on additional financial information acquired by the former Chief Business Official. The Former CBO shared this information with the Board and the former Superintendent both during public meetings and in individualized meetings. Furthermore, it should be noted that the former CBO was in communications with the Fiscal Crisis Management and Assistance Team (FCMAT). FCMAT's report indicated that the District's annual in-house cost proposal was $3,302,965.36, which, as noted in the report, was $128,615.00 more than the current contract cost with Storer Transportation." R1.1 By September 30, 2015, the Board should adopt a policy requiring that as part of any proposal for the purchase or sale of District assets exceeding $30,000, District staff will provide a full accounting and justification as required by the California Education Code and financial reports best practices to ensure fiduciary duty is adhered to. Agency Response: "This recommendation will not be implemented. The District has a longstanding history of purchasing, acquiring, selling and building capital assets and improvements. The District's previous financial and program audits, to include its Municipal Bond programs, have not reflected any going (sic) concerns or material adjustments/recommendations to operational procedures or internal controls related to the Districts procurement and management of assets ...." The 2015-2016 Grand Jury reviewed the agency's response. No further action is required. F2.1 The District has transported more special education students than requested by the special education program. Agency Response: "The Board agrees with this finding." R2.1 By December 31, 2015, the Board should direct District staff to complete implementation of the transportation guidelines and guiding questions for IEP team assessments including additional training specific to transportation department support. In addition the Board should require quarterly staff reports about progress on implementation of the transportation guidelines. Agency Response: The Board is in the process of partially implementing this recommendation. Although the Board has not directed staff to implement transportation guidelines, the District is in the process of implementing a plan. By December 31, the Board will direct staff to complete implementation of the transportation guidelines and provide bi-annual reports to the Board .... Furthermore, the District plans to provide the Board bi-annual rather than quarterly staff reports on implementation of transportation guidelines with the first report being the standard June CASEMIS report in June 2016 ...." The 2015-2016 Grand Jury reviewed the agency's response. No further action is required.
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CL51As a result of the Grand Jury's requests for responses regarding the monitoring and maintenance of unattended donation collection bins in targeted cities in San Joaquin County, the Grand Jury learned most of the cities agreed with the findings to some degree. The recommendation of the Grand Jury report 2014-2015 that the cities "should enact ordinances that regulate unattended donation bins" was received by the majority of cities as a positive step toward alleviating the problem facing this issue. In some cases a new ordinance was adopted, as in the response from the City of Tracy, to "regulate donation containers to ensure that donation containers will not have a negative, blighted visual impact, impede or interfere with public access, circulation and parking; or become hazards or nuisances." Disclaimer Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code sections 911, 924.1(a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code sections 924.2 and 929). Follow-Up Report to the 2014-2015 San Joaquin County Grand Jury Case No. 1412 STOCKTON MUNICIPAL UTILITIES DEPARTMENT Struggling in the MUD 2014-2015 Case No. 1412 Preface This report contains the methods the 2015-2016 Grand Jury used to determine if the City of Stockton responded to the 2014-2015 Grand Jury Final Report. The sitting Grand Jury monitors the responses in the areas of compliance, responsiveness and implementation. The 2014-2015 Grand Jury recommendations were meant to strengthen the operations, efficiency and compliance within the Stockton Municipal Utilities Department. The 2014-2015 Grand Jury Findings and Recommendations, as well as the City of Stockton's responses, are presented verbatim. The 2015-2016 Grand Jury follow-up results are presented in the form of further Findings and Recommendations.
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CL52The 2015-2016 Grand Jury determined that MUD responded pursuant to statute and in a timely manner to the findings and recommendations made by the 2014-2015 Grand Jury. The Grand Jury appreciates MUD's cooperation in addressing the issues raised in last year's report. Disclaimer Grand Jury reports are based on documentary evidence and the testimony of sworn or admonished witnesses, not on conjecture or opinion. However, the Grand Jury is precluded by law from disclosing such evidence except upon the specific approval of the Presiding Judge of the Superior Court, or another judge appointed by the Presiding Judge (Penal Code sections 911, 924.1(a) and 929). Similarly, the Grand Jury is precluded by law from disclosing the identity of witnesses except upon an order of the court for narrowly defined purposes (Penal Code sections 924.2 and 929). Response Requirements California Penal Code sections 933 and 933.05 require that specific responses to all findings and recommendations contained in this report be submitted to the Presiding Judge of the San Joaquin County Superior Court within 90 days of receipt of the report. The Stockton City Council shall respond to each Finding and Recommendation in this report. Mail a hard copy of the response to: Honorable José L. Alva, Presiding Judge San Joaquin County Superior Court P.O. Box 201022 Stockton, CA 95201 Or hand deliver to: 222 E. Weber Ave., Room 303 Stockton, CA 95202 Also, please email the response to Ms. Trisa Martinez, Staff Secretary to the Grand Jury at grandjury@sjcourts.org Follow-Up Report to the 2014-2015 San Joaquin County Grand Jury Case No. 1414 CITY OF STOCKTON South Stockton Quality of Life As the South Side Goes, So Goes Stockton 2014-2015 Case No. 1414 Preface This report contains the findings, recommendations and responses to the 2014-2015 Grand Jury Final Report issued to the City of Stockton on South Stockton's Quality of Life. The 2014-2015 Grand Jury recommendations were meant to bring light to the lack of funding and services provided to South Stockton over the years. The findings, recommendations and responses are verbatim in this report. A complete copy of the original report and the City's response may be found on the San Joaquin County Grand Jury website at: https://www.sjcourts.org/grandjury/2014-2015 roster%20and%20reports.html