San Luis Obispo County Grand Jury
2005-2006
Findings & Recommendations
4 findings
F1:
Victims of domestic violence are often not well informed about resources and community support available to them. They are also reluctant to report incidents of abuse for fear of escalating violence, embarrassment, and/or possible separation from their children. Response: The respondent agrees that there is a need for providing information resources to victims of domestic violence. The Atascadero Police Department is responsive to the needs of domestic violence victims by providing victim witness resource cards, women’s shelter information cards and information relative to emergency protective orders on all domestic violence related calls. In addition, investigators conduct follow-up contacts within a week of reporting with victims of domestic violence to determine if their needs are being met, to determine if the batterer is back in the home, and to offer more resources if needed.
F2:
Domestic violence training for law enforcement officers, dispatchers and first responders is readily available and needs to be considered an essential element in their training. (Finding 3) We agree with this recommendation and do consider it an essential element in our training. Penal Code Section 13519 outlines the training requirements for domestic violence cases. Our Department complies with these requirements. We are also in compliance with all California P.O.S.T. (Peace Officer Standards and Training) training requirements regarding domestic violence. All our officers have received the mandated training. All officers also receive a state-mandated minimum of two hours of domestic violence training every two years. In addition to these training mandates, we subscribe to legal updates and “client alerts” from our police attorneys and district attorneys. These legal updates are treated as training and covered in our patrol briefings on a daily basis. These updates include case law on domestic violence. We also have an “in-house” training bulletin service where our training sergeant produces several training bulletins per month. These also include topics related to domestic violence. Our Department also subscribes to Lexipol policy manual services as mentioned earlier. Our officers are trained in briefings as this information is passed on to us.
F3:
Arrests for domestic violence bylaw enforcement is inconsistent across law enforcement agencies. Response: The chart listed in Appendix A demonstrates the aggressive enforcement posture taken by the Atascadero Police Department with respect to arrests for domestic violence violations. Arrests by Atascadero Police Department personnel represent 15.3% of the total arrests for San Luis Obispo County, the most for any of the incorporated cities. Additionally, Atascadero Police Department initiated a program to partner with Probation on conducting compliance sweeps of domestic violence probationers located in this jurisdiction.
F4:
Law enforcement officers should make every effort to insure that batters surrender their firearms, in accordance with federal and state law. (Finding 4) We agree with this recommendation and we are in compliance with it. Penal Code Section 12028.5 mandates that officers take into temporary custody firearms or other deadly weapons in plain sight or discovered pursuant to a consensual search or other lawful search in domestic violence incidents and process them for safekeeping. Sincerely, John DeRohan Police Chief
Additional Recommendations
5
Not linked to specific findings.
R1:
Victims of domestic violence are often not well informed about resources and community support available to them. They are also reluctant to report incidents of abuse for fear of escalating violence, embarrassment, and/or possible separation from their children. Respondent agrees with the finding. This agency agrees with findings and does provide information to all potential domestic victims.
R2:
Domestic violence training for law enforcement officers, dispatchers and first responders is readily available and needs to be considered an essential element in their training. Response: Domestic violence training is included in Field Training programs for new officers and Communications Training programs for new dispatchers. In-service training is also included for all personnel. A representative from the Atascadero Police Department is a member of the District Attorney’s Domestic Violence Task Force and participates in all meetings. That representative, who is a presenter of training classes, also sits on the Law Enforcement sub-committee, which seeks to maintain consistency among county agencies and provides training opportunities to meet training needs of the county. 5505 EL CAMINO REAL • ATASCADERO, CA 93422 General Business: (805) 461-5051 Administrative Services: (805) 470-3200 Watch Commander: (805) 470-3280 Investigations: (805) 470-3216 Fax: (805) 461-3702 www.atascadero.org
R3:
Training for law enforcement officers should include a heightened awareness of the need for EPOs, where appropriate, in handling incidences of domestic violence. When issuing EPOs, law enforcement should distribute bilingual brochures describing the steps to be taken to ensure the safety of each party present at the scene. Response: Issues related to Emergency Protective Orders are covered in all phases of domestic violence basic and in-service training. Supervisory staff routinely reviews reports and incidents to ensure that EPOs are offered. Bilingual victim witness cards and information brochures are readily available and provided when appropriate.
R4:
Law enforcement officers should make every effort to ensure that batterers surrender their firearms, in accordance with federal and state law. Response: Seizure of firearms is included in basic and in-service training of personnel and is included in direction by supervisory staff during domestic violence incidents. Supervisors routinely review domestic violence reports to ensure that mention of weapons seizures are included in the reports. Thank you for this opportunity to describe the efforts conducted by the Atascadero Police Department regarding its response to the complex issue of domestic violence. The department is committed to being actively involved with other county agencies by providing representatives to sit on the Domestic Violence Task Force as well as the board of the North County Women’s Shelter and Resource Center. Sincerely, John G. Couch Chief of Police 5505 EL CAMINO REAL • ATASCADERO, CA 93422 General Business: (805) 461-5051 Administrative Services: (805) 470-3200 Watch Commander: (805) 470-3280 Investigations: (805) 470-3216 Fax: (805) 461-3702 www.atascadero.org GROVER BEACH POLICE DEPARTMENT Jim Copsey Grover Beach Police Phone (805) 473-4511 Chief of Police 711 Rockaway Ave Fax (805) 473-4515 Grover Beach, CA 93433 [email protected] June 27, 2005 The Honorable Roger T. Piquet Presiding Judge, Superior Court San Luis Obispo Superior Court 1050 Monterey Street, Room 355 San Luis Obispo, CA 93408 Dear Judge Piquet: I have reviewed the 2005 Grand Jury report regarding “Restraining Orders: Paper Thin Protection” and have prepared the following responses to the findings and recommendations: Response to Findings 1. Victims of domestic violence are often not well informed about resources and community support available to them. They are also reluctant to report incidents of abuse for fear of escalating violence, embarrassment, and/or possible separation from their children. Respondent agrees with the finding. This agency agrees with findings and does provide information to all potential domestic victims. 3. Arrests for domestic violence by law enforcement is inconsistent across law enforcement agencies. Respondent disagrees with the finding. This agency does not agree that arrests are inconsistent in the fact that agencies respond or treat domestic violence differently. This agency agrees that some communities may have more or less domestic violence and larger or smaller population that could indicate the different figures shown in
R59-06:
establishing user rates for residential wastewater services. The motion was seconded by Councilmember Peirce and carried unanimously. (5-0) B-3 REQUEST FOR TENTATIVE TRACT MAP, VARIANC, CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR PROPOSED 6-LOT COMMUNITY HOUSING PROJECT ON THE WEST SIDE OF SUNSET AVENUE, BETWEEN ATASCADERO ROAD AND HILL STREET; (PUBLIC SERVICES) Senior Planner Mike Prater stated on June 19, 2006, the Planning Commission considered the proposed application for six residential parcels, one common guest parking parcel that allows for four guests parking stalls, and one useable open space parcel at least 3,000 square feet. After considering public testimony, the Commission voted 4-0-1 to 12
Findings & Recommendations
7 findings
F1:
Many former foster teens are either homeless, or because of substance abuse or other issues, are now in jails, prisons or mental institutions.
Related Recommendations (1)
R1:
A task force should be formed to provide leadership in addressing the problem of housing for teens aging out of foster care. This task force could be instrumental in seeking grants for residential living in individual or shared apartments with resident advisors. (See Appendix A, Resources) (Finding 1) Pg 148 of 252
F2:
Many former foster teens have not acquired the skills or the abilities needed to get a job.
Related Recommendations (1)
R2:
The Community and Court Schools should be expanded to include programs for youth, emphasizing vocational training and marketable skills. (Finding 2)
F3:
Many former foster teens do not have a support group or relatives to return to or
F4:
Many former foster teens have difficulty traveling to Cuesta College to take advantage of the programs offered.
Related Recommendations (1)
R4:
ILP classes should be held at convenient times and locations throughout the county. (Finding 4)
F5:
Many former foster girls become pregnant soon after leaving foster care.
F6:
Many former foster teens have severe mental health problems that interfere with their ability to hold a job, find housing and support themselves.
F7:
Many former foster teens turn to prostitution or other crimes to get money for food and rent.
Additional Recommendations
1
Not linked to specific findings.
R3:
At least six months prior to emancipation, a mandatory exit plan should be created for each youth to follow which identifies specific support people and local resources. Foster parents need both training and incentives to encourage them to participate in these exit plans. (Findings 3, 4 & 5)
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Findings & Recommendations
6 findings
F1:
There is no method or mechanism for verifying whether applicants for council status, or existing councils, meet the recognition criteria set forth in The Resolution.
Related Recommendations (1)
R1:
The Board of Supervisors should assume responsibility for assuring the conditions of The Resolution for recognition are met. The Resolution should be amended to establish a procedure for determining if groups applying for or claiming advisory council status meet the requirements of The Resolution. (Finding 1)
F2:
Multiple groups can lay claim to advisory council status in the same area.
Related Recommendations (1)
R2:
The Board of Supervisors needs to implement a method of resolving conflicts which arise from applications for recognition by competing councils in the same area. (Finding 2)
F3:
Advisory councils are listed as a “check-list item” on applications for county building permits.
F4:
Advisory councils receive training from the Planning Department.
Related Recommendations (1)
R4:
The Planning Department should reassess training of advisory council members and the manual used for this purpose to assure they include an extensive section explaining the purpose, reason for existence, role in the approval process, and legal status of the councils. It should clearly explain their role is strictly confined to soliciting community input for the purpose of giving advice during the approval process. The first sentence (and any subsequent sections) of the training manual for council members should be revised to eliminate any implication that official duties are assigned to the councils. (Finding 4)
F5:
County Counsel is obligated to defend legal actions against advisory councils and the county must indemnify councils against losses in litigation.
Related Recommendations (1)
R6:
County Counsel should provide council members with an explanation clearly defining the conditions under which the county will, or will not, provide legal defense and indemnification to the councils and their members. (Finding 5) Pg 87 of 252
F6:
Certain discretionary permit applications must be acted upon within time constraints defined by state law. Pg 86 of 252
Related Recommendations (1)
R7:
Advisory councils should respond to issues within the same time frame as is required of the Planning Department if their advice is to be considered. (Finding 6)
Additional Recommendations
2
Not linked to specific findings.
R3:
All check-off items and other
R5:
Training should make clear that members are responsible for their individual actions on the council as well as the collective actions of the council. They should be apprised of the fact that there is a potential for legal liability for their actions. This portion of the training should be conducted by County Counsel. (Findings 4 & 5)
Findings & Recommendations
12 findings
F1:
AHS reports a racial, sexual, or religious harassment incident to the District only when it is serious enough for the perpetrator to be suspended or expelled. Vandalism and destructive incidents resulting in appreciable financial impact are also reported to the District.
Related Recommendations (1)
R3:
AHS and the District should immediately modify the current procedures regarding the reporting of racial, sexual, and religious harassment incidents. The Grand Jury believes all harassment incidents involving race, religion, and sexual orientation are significant and may be harbingers of more serious trouble. For that reason, the Grand Jury believes all such harassment issues must be reported to the District office whether the offender(s) is known or not. By eliminating the filtering of crucial information at the school level, the District will: (1) be aware of the scope and frequency of such incidents, (2) be able to develop and apply necessary disciplinary procedures, (3) be able to stay current with related events, both in the community and the school district, and (4) be prepared to develop related policies and procedures which directly address the issues. (Findings 1, 2, 3, 4, and 5)
F2:
Incidents not reported to the District are simply logged at the high school. Not all harassment incidents are reported to the AHS Principal. Nearly all of the logged entries are discarded at the end of the school year.
F3:
In 2004-05, AHS estimated there were 10 to 20 incidents of racial or sexual harassment. Only two resulted in suspension or expulsion. Most of the incidents were racial in nature.
F4:
Not all incidents of racial, sexual, and religious harassment are reported to school or law enforcement authorities. Pg 118 of 252
F5:
District administration has a record of only one racial harassment incident at AHS in school year 2004-05.
F6:
AHS has no formal counseling program for those students who are suspended or expelled for committing racial, sexual or religious harassment offenses. Students must seek counseling outside the school system.
Related Recommendations (1)
R7:
The District should begin a program of sensitivity counseling for students who are suspended or expelled for committing any harassment. (Finding 6)
F7:
The AHS safety plan contains a well prepared, lengthy, and complete “Sexual Harassment Policy.”
F8:
The AHS safety plan contains thirteen sentences of generic language prohibiting discrimination, “… with respect to age, ethnic groups, religion, gender, sexual orientation, color, race, national origin, ancestry, and physical or mental disability.”
F9:
Tolerance and diversity issues are discussed in staff meetings and whenever necessary to address specific incidents. Sexual Harassment training is the only related training done on an annual basis. Tolerance training is offered to District students as a component of health classes.
Related Recommendations (3)
R4:
Beginning immediately, the District should develop and implement a comprehensive tolerance training program for all District staff. This mandatory comprehensive training course should be offered at least once every school year to all District employees. (Findings 9 and 11) Pg 120 of 252
R5:
The District should immediately develop and begin comprehensive tolerance, sensitivity, and diversity training programs for all District K-12 students. The District educational curricula should address issues of cultural and religious significance as a routine classroom component. For example, “Black History Month” provides an opportunity to highlight African American contributions and experiences. (Finding 9)
R6:
AHS should immediately begin to identify racial and religious harassment as destructive forces in the same manner as sexual harassment. (Findings 9 and 11)
F10:
AHS does not have any parent/teacher/student support-groups to specifically address issues of racial and religious harassment.
Related Recommendations (1)
R2:
As an integral part of racial and religious harassment education and prevention, the District and AHS should pursue the formation of a volunteer advisory committee made up of concerned parents, teachers, and students. The committee would focus on: (1) racial and religious harassment and, (2) education on diversity and tolerance. The District should seek the input of these advisory committees in the development of policy, staff and student training and curricula. (Finding 10)
F11:
The perception is that AHS administration places a greater degree of importance on incidents of sexual harassment over those of racial harassment.
F12:
Fights, vandalism and harassment continue to be problems at AHS. AHS’s security coverage has been identified as a weak link in campus safety. Pg 119 of 252
Related Recommendations (1)
R8:
The District should re-evaluate the need for additional security, with a focus on fights, bullying, and harassment at AHS and other campuses. (Finding 12)
Additional Recommendations
1
Not linked to specific findings.
R1:
The Grand Jury recommends the District and AHS develop and implement two separate policies, each addressing racial harassment and religious harassment. Each policy should be as extensive in scope, language and definition as the current AHS Sexual Harassment Policy. If implementation of such policies requires approval from specific State agencies, then the District should pursue immediate approval to prevent any delay in policy implementation. (Findings: 7, 8, and 11)
Findings & Recommendations
7 findings
F1:
Bicyclists are required to obey all traffic laws. Every person riding a bike on a street or highway has all the rights and is subject to all the rules applicable to the driver of a motor vehicle. (Vehicle Code 21200)
F2:
Law enforcement agencies set higher priority on enforcement of motorized traffic. There are so many more cars than bicycles, and the consequences of a traffic accident while driving a car are likely to be significantly more serious than those involving a bicycle.
F3:
Testimony revealed substantial state funding cuts have forced the SLO Police Department to reduce traffic enforcement by 40% in recent years. The funding cuts have impacted the County Sheriff’s Department as well. (The CHP is required to enforce traffic laws on unincorporated roads as well as state highways.)
F4:
Providing enough shoulder width for bike lanes on rural roads is not always possible. There is too little signage on roads without bikeways, warning both cyclists and motorists to use caution and share the road.
Related Recommendations (1)
R4:
Motorists and cyclists alike would travel safer if narrow, rural roads were marked with permanent signage warning both cyclists and motorists to use caution and share the road. (Finding 4)
F5:
There was unanimous agreement among local cycling club members and cyclists interviewed that too many cyclists fail to follow basic Vehicle Code regulations. Cycling groups from the League of American Bicyclists to SLO Bike Club encourage tough enforcement of traffic laws for cycling violations.
F6:
Although there is real need for bike safety programs for all cyclists, there are a limited number of bicycle safety programs in SLO County.
F7:
There is an ongoing need for additional bikeways and maintenance of existing bikeways. Although there are a number of funding sources for bikeways and safe cycling projects, development of cycling and pedestrian friendly infrastructure is expensive. The competition for these funds is fierce. Pg 109 of 252
Additional Recommendations
3
Not linked to specific findings.
R1:
Working with local cycling groups and the Bicycle Advisory Committee, local law enforcement agencies and San Luis Obispo County should generously support the countywide implementation of the “BikeEd” program or similar bicycle safety training program. Support may be monetary, venue provision, advertising, staff assistance, etc. or other in-kind services. (Findings 1, 5 & 6)
R2:
The County should continue to actively seek funding for bikeways and bike and pedestrian safety construction projects and programs, such as the “Safe Routes to Schools” program. (Findings 6 & 7)
R3:
Law enforcement agencies should implement target enforcement programs aimed at improving cyclist compliance with traffic regulations to insure public safety. (Findings 1, 2, 3 & 5)
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Findings & Recommendations
6 findings
F1:
Students in Community Schools are high-risk youth and are less likely to be college bound.
F2:
State academic requirements are the same for Community School students as for regular school district students.
F3:
There is a strong need, and a severe lack of funding, for vocational training in Community Schools.
Related Recommendations (3)
R1:
The WORK program should be continued and expanded to the next level (specific job skill exposure and training). (Findings 3 and 5)
R2:
The WORK program should be expanded to the north and south county Community School campuses when funds become available. (Finding 3)
R8:
This final recommendation requires some imaginative and very creative thinking on the part of COE, but no additional funding. COE should utilize their own existing facilities to create “job training” at Community School sites. (Finding 3)
F4:
Past communication and collaboration between various agencies in dealing with the Community School population and the need for vocational training was lacking. The roundtable approach to this inquiry has opened new lines of communication and cooperation between various agencies, which can benefit the students in the Community School program.
Related Recommendations (3)
R3:
COE and Probation should communicate frequently and keep each other informed of problems, progress, and needs of the Community Schools WORK program. Roundtable discussions involving the needs and developments in the Community Schools vocational training efforts should continue on a regular basis. (Finding 4)
R4:
COE should create a team with PIC to approach private industry to generate additional funding for continuation and expansion of the WORK program. Funding and alternative methods of support for the program can include job shadowing, OJT (On the Job Training), and dedicated financial sponsorship for groups of students. (Finding 4)
R5:
Probation Department should remain involved in efforts to continue and expand the WORK program and should cooperate with COE where and when possible. (Finding 4)
F5:
There is a need for adult mentors to help in introducing WORK program students to job experiences. Pg 130 of 252
F6:
The County General Services Department has agreed to explore the possibility of cooperation in the WORK program.
Additional Recommendations
2
Not linked to specific findings.
R6:
COE, Probation, and ROP professionals should work together to develop an approach to the state legislature to propose a pilot program in San Luis Obispo County. The pilot program should be designed to increase the availability of Career Technical Education for Community School students. (Findings 3 & 4) Pg 131 of 252
R7:
The Probation Department should work with the General Services Department to identify and match students with job opportunities in the General Services Department and provide assistance in placing those students. (Finding 5 & 6)
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Findings & Recommendations
5 findings
F1:
While major economic benefits of the beach, pier, and other District facilities accrue to the complex of new, luxury resorts and hotels at Avila Beach, and to the county treasury Pg 28 of 252 through bed taxes, the excess cost of operations must be born by the residents of the District through their property taxes.
Related Recommendations (1)
R1:
A portion of the bed tax collected from the hotels, motels, and resorts in Avila should be shared with the Harbor District for its operation and maintenance of the beaches and other facilities, which benefit these same enterprises. (Finding 1)
F2:
The drainage ditch at the parking lot represents a potential flooding hazard.
Related Recommendations (1)
R2:
Whereas the county benefits economically from the development of Avila and the future revenues generated thereby, and whereas the county has approved the plans and granted the permits for building and paving in Avila, and whereas the county's flood control district is responsible for flood control in Avila, and whereas the county must share in the potential burden and liability for any damage resulting from flooding of the drainage ditch in its flood control district, the county should therefore assume responsibility for designing, providing, and maintaining a solution to the potential overflow and flooding problems at the drainage ditch. (Finding 2)
F3:
The drainage ditch presents a potential health hazard due to mosquito breeding.
Related Recommendations (1)
R3:
The county should undertake regular mosquito abatement at the drainage ditch, or other appropriate measures, to prevent mosquito larvae from developing. (Finding 3)
F4:
A safety problem also results from the ditch being uncovered and unprotected.
Related Recommendations (1)
R4:
The ditch should be fenced and access restricted for safety reasons. (Finding 4) AUTHORITY California Penal Code §925 states: “The grand jury shall investigate and report on the operations, accounts, and records of the officers, departments, or functions of the county including those operations, accounts, and records of any special legislative district or other district in the county created pursuant to state law for which the officers of the county are serving in their ex officio Pg 29 of 252 capacity as officers of the districts. The investigations may be conducted on some selective basis each year, but the grand jury shall not duplicate any examination of financial statements which has been performed by or for the board of supervisors pursuant to Section 25250 of the Government Code; this provision shall not be construed to limit the power of the grand jury to investigate and report on the operations, accounts, and records of the officers, departments, or functions of the county. The grand jury may enter into a joint contract with the board of supervisors to employ the services of an expert as provided for in Section 926.” California Penal Code §925(a) states: “The grand jury may at any time examine the books and records of any incorporated city or joint powers agency located in the county. In addition to any other investigatory powers granted by this chapter, the grand jury may investigate and report upon the operations, accounts, and records of the officers, departments, functions, and the method or system of performing the duties of any such city or joint powers agency and make such recommendations as it may deem proper and fit. The grand jury may investigate and report upon the needs of all joint powers agencies in the county, including the abolition or creation of agencies and the equipment for, or the method or system of performing the duties of, the several agencies. It shall cause a copy of any such report to be transmitted to the governing body of any affected agency. As used in this section, "joint powers agency" means an agency described in Section 6506 of the Government Code whose jurisdiction encompasses all or part of a county.” California Penal Code §933.5 states: “A grand jury may at any time examine the books and records of any special-purpose assessing or taxing district located wholly or partly in the county or the local agency formation commission in the county, and, in addition to any other investigatory powers granted by this chapter, may investigate and report upon the method or system of performing the duties of such district or commission.”
F5:
PG&E’s cooperation in development of the lighthouse project is commendable.
Findings & Recommendations
2 findings
F1:
Staff and buildings of the CMC Education Department are inadequate to meet the needs of the inmate population.
Related Recommendations (1)
R1:
Closed circuit television and distance learning should be incorporated into the educational process. Although this would not take the place of new staff and buildings, it would be a more efficient use of existing space. With the augmentation of classroom technology, those inmates on the waiting list could be accommodated. (Finding 1)
F2:
The West Facility Buildings are overcrowded. The cost of maintaining the World War II buildings is costly.
Related Recommendations (1)
R2:
As a result of the Grand Jury’s interviews with CMC Superintendents, the Jury was informed that the State has plans to renovate and expand the West Facility. The Grand Jury encourages the implementation of these plans. (Finding 2)
Findings & Recommendations
3 findings
F1:
Public funds were used to reimburse the attorneys representing the plaintiffs in the litigation against the LOCSD and the RWQCB and the defendants in the Measure B litigation.
F2:
Neither the new board nor the law firm are willing to provide any detailed information to the Grand Jury regarding the exact nature of the legal services rendered and billed.
F3:
The attorneys handling the settlement negotiations did not provide any detailed information to the new board regarding the actual legal services rendered and billed.
Related Recommendations (1)
R2:
If information, including billing records, indicates settlement funds included billable work performed in connection with the recall election and Measure B initiative, the matter should be referred to the State Bar of California for evaluation and possible further action. (Finding 3)
Additional Recommendations
1
Not linked to specific findings.
R1:
The LOCSD Board of Directors should waive the attorney-client privilege and take other necessary actions to ensure that detailed billing information will be made public to clarify whether, and to what extent, the $488,617 of public funds were used to reimburse the law firm for work performed in connection with the recall election and the Measure B initiative, including the initial drafting of Measure B. (Findings 1 & 2) Pg 78 of 252
Findings & Recommendations
7 findings
F1:
Prior to statehood, California contained approximately 18 million acres of oak and hardwood woodlands. Today we have about 9.5 million acres in oak woodlands and about 45% of those are so heavily disturbed that they are not functioning well in an ecological sense.
F2:
In the first 100 years after California became a state, developers and ranchers removed 70% of the oaks in the Salinas Valley. Currently, it is estimated that 14,000 acres of oak woodland (60,000 acres of forestland) are eliminated each year in California. Oaks still cover 36% of San Luis Obispo County.
F3:
The Native Oak Tree Protection Survey indicated that 76% of the respondents supported the adoption of a native oak protection ordinance.
Related Recommendations (1)
R3:
Proposed ordinances should be reviewed openly with consensus of stakeholders as the primary goal. (Finding 3)
F4:
Penalties have not deterred illegal destruction of oaks or oak habitat.
Related Recommendations (1)
R4:
Sanctions for unnecessary or un-permitted destruction of oaks or oak habitat should be severe enough to deter criminal acts. (Finding 4)
F5:
Code Enforcement reports there is insufficient staff to investigate the amount and degree of environmental crime.
Related Recommendations (1)
R5:
The number of Code Enforcement investigators should be increased. (Finding 5)
F6:
All county staff interviewed favored increased protection of native trees.
F7:
Oak trees in California are under siege from development, disease, and demand for firewood.
Additional Recommendations
2
Not linked to specific findings.
R1:
Protection and preservation of oaks should be mandated by ordinance in any new construction in all unincorporated areas including antiquated subdivisions and single- family homes. (Findings 1, 2, 3, 6 & 7)
R2:
Agricultural lands should not be exempt from the protection and preservation of oaks and protection should be mandated by ordinance. Agricultural lands whose primary activity is cattle grazing should be exempt with an approved management plan. (Findings 1, 2, 3, 6 & 7) Pg 139 of 252
Findings & Recommendations
7 findings
F1:
California grows more than 85% of the nation’s strawberries and other methyl- bromide dependent crops. San Luis Obispo County growers planted 800 acres of strawberries in 2004. In 2005, 18 restricted materials permits were issued for the use of methyl bromide. Besides its toxicity, methyl bromide is a significant contributor to the ozone depletion in the atmosphere. The use of this pesticide continues despite the fact that the U.S. has signed the Montreal Protocol treaty, which promised to ban the use of methyl bromide by 2005. Efforts are still in progress on both the federal and the state levels.
Related Recommendations (1)
R1:
The Grand Jury strongly recommends that less toxic materials be used to replace methyl bromide and that the Board of Supervisors actively support the Montreal Protocol. (Finding 1)
F2:
Growers are subject to obtaining use permit, being inspected and fined for violations ranging from fifty to many thousands of dollars depending on the nature of the non-compliance. Pg 35 of 252
Related Recommendations (1)
R2:
Fines imposed on growers should be reviewed and made stringent enough to deter infractions of all regulations. (Finding 2)
F3:
All schools are considered “sensitive sites”. School safety issues that have been addressed include parental information regarding spraying schedules, the creation of buffer zones around schools and childcare centers and mandatory conditions on restricted pesticide application when children are present.
Related Recommendations (1)
R3:
Restricted pesticides should be prohibited on school grounds. School officials should adhere to the principles outlined in the Healthy Schools Act of 2000 (AB 2260 and AB 1006) until the long-range effects of pesticides on children’s growth patterns can be documented. Buffer zones around schools should be broadened beyond those specified on the manufacturer’s label. (Finding 3) Pg 36 of 252
F4:
The CAC and Public Health Department have coordinated efforts to update their database of childcare facilities in order to prevent pesticide exposure to this most vulnerable
Related Recommendations (1)
R4:
The annual updating of childcare locations is an important part of protecting children. Mandatory annual updating should be the responsibility of the office of the CAC. (Finding 4)
F5:
The Environmental Resource Section (land use) of CAC’s office is periodically requested by the Planning Department to provide input regarding a suitable location for a new school. This information, which takes into consideration the proximity to existing commercial agriculture, is often disregarded. New schools continue to be placed near large agricultural venues.
Related Recommendations (1)
R5:
Recommendations from Environmental Resource Section should be an essential part of any new school project’s planning. (Finding 5)
F6:
The Task Force on Health and Pesticide Use recommended that they meet every three years.
Related Recommendations (1)
R6:
The Grand Jury recommends that the Task Force on Health and Pesticide Use meet annually for the purpose of review and recommendations. (Finding 6)
F7:
Legislation at the state level seeks to protect all citizens against pesticide drift, and recently SB 391 was introduced to provide for medical reimbursement for pesticide-related illnesses.
Related Recommendations (1)
R7:
The Grand Jury urges all concerned citizens to contact their local representatives and urge them to enact and support legislation that will further protect school sites and the surrounding residents from future exposure and contamination. (Finding 7)
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Additional Recommendations
6
Not linked to specific findings.
R1:
Extend Mary Street to Hill Street - as soon as possible
R2:
Install a median from Highway 101 to Pomeroy in phases, as illustrated in Figure 3-1. a. Initial. phase from Highway 101 to west of Mary - as soon as possible b. Second phase from west of Mary to west of Blume - in conjunction with the construction of the Blume intersection c. Final phase from west of Blume to Pomeroy - with the signalization of Gardenia Street As the median is introduced, full median breaks should be placed -at the following locations. Each location should be designed according to the California Highway Design Manual (see Appendix H) 1., At the Mary intersection
R3:
At the Gardenia intersection
R4:
At the Pomeroy intersection
R5:
At the Orchard intersection In addition to these intersections, partial median breaks (worms) should be placed at the following locations to facilitate access and circulation. Each location should be designed according to the California Highway Design Manual.
R6:
The County of San Luis Obispo should adopt Arterial Street Standards for use in urban areas to facilitate their proper operation.
Findings & Recommendations
6 findings
F1:
Victims of domestic violence are often not well informed about resources and community support available to them. They are also reluctant to report incidents of abuse for fear of escalating violence, embarrassment, and/or possible separation from their children.
F2:
Research shows the impact of domestic violence on children has a lasting effect in that such children have a strong tendency to experience “the cycle of violence” in their own adult relationships and/or become abusers themselves. (Bibliography #8)
F3:
Arrests for domestic violence by law enforcement is inconsistent across law enforcement agencies. (Appendix A) Pg 158 of 252
Related Recommendations (1)
R2:
Domestic violence training for law enforcement officers, dispatchers and first responders is readily available and needs to be considered an essential element in their training. (Finding 3)
F4:
Despite the law requiring firearms to be surrendered when an EPO is issued, this is not always done. (Appendix B, Tables 7 & 8).
Related Recommendations (1)
R4:
Law enforcement officers should make every effort to insure that batterers surrender their firearms, in accordance with federal and state law. (Finding 4)
F5:
According to information provided to the Grand Jury, participants in counseling groups may go for several weeks without attending meetings before the Probation Department is notified. If a probationer fails to comply with the mandated number of sessions, he is returned to court for violation of probation, and an arrest warrant may be requested.
Related Recommendations (1)
R5:
Batterers with stay-away orders from Family Court should be required to undergo a formal assessment prior to family reunification. (Finding 5) Pg 159 of 252
F6:
A batterer who has been convicted of a domestic violence crime and is on probation has a Criminal Protective Order (CPO) preventing him from contact with the victim. When the terms of his probation expire and the CPO is no longer in effect, the Probation Department will conduct an assessment before recommending to the court whether he can be reunited with his family. Batterers with Family Court orders, however, are not assessed, and often repeat their violent actions after the victim takes him back.
Additional Recommendations
2
Not linked to specific findings.
R1:
Information about local resources and services for victims of domestic violence and their children should be disseminated widely through the use of public service announcements in local media outlets and placed on the county’s web site. (Findings 1 & 2)
R3:
Training for law enforcement officers should include a heightened awareness of the need for EPOs, where appropriate, in handling incidences of domestic violence. (Appendix E). When issuing EPOs, law enforcement should distribute bilingual brochures describing the steps to be taken to ensure the safety of each party present at the scene. (Findings 1 & 3)
Findings & Recommendations
2 findings
F1:
The Memorandum of Understanding between the departments of General Services and Public Works prevents complete implementation of the Board of Supervisors' directive.
Related Recommendations (1)
R1:
The Board of Supervisors should invalidate the Memorandum of Understanding. (Finding 1)
F2:
The Grand Jury was given conflicting reports from each department about the actual savings to the departments after they had been combined. Pg 180 of 252
Related Recommendations (1)
R2:
The County Auditor should conduct an operational audit of the combined maintenance operations to determine if, and to what extent, overall costs have been reduced since consolidation of the two garages. (Finding 2)
Findings & Recommendations
4 findings
F1:
Although each Planning Commission member is appointed by, and serves the Board of Supervisors as a whole, each individual Commissioner is, presumably, most aware of and most closely involved in, issues regarding the district represented by the Supervisor who nominated the individual member. Therefore, that member is the person most likely to be representative of the consensus of the majority of their district.
Related Recommendations (1)
R1:
The Board of Supervisors should require that the Planning Commission make every reasonable effort to consider the opinion of the Commissioner in whose district a project is located when deciding an issue regarding that project in that Commissioner's absence. (Finding 1)
F2:
Under the present five-member structure of the Planning Commission it is possible, when only three Commissioners are present at a meeting, for two Commissioners to rule by simple majority vote in a manner contrary to the will of the majority of Commissioners were all five Commissioners present. This creates the opportunity for personal agenda to rule where fairness might otherwise dictate a different outcome. Pg 63 of 252
Related Recommendations (1)
R2:
The Board of Supervisors should increase membership on the Planning Commission to seven members from the current five members. The two additional members should be appointed at large from the county. A unanimous vote of the entire Board of Supervisors should be required for each at large appointee. A quorum of the Planning Commission shall then be not less than four members. Binding votes of the Planning Commission must be by a majority of eligible voting members. (Finding 2)
F3:
An applicant for a discretionary permit has a reasonable expectation (albeit not a guarantee) that the requested permit shall be granted when all the County's published and stated requirements for that permit have been fulfilled and the Planning Department staff has recommended that the permit be issued.
Related Recommendations (1)
R3:
The Board of Supervisors should implement the following rules regarding Planning Commission decisions: In a case where the Planning Commission votes to deny issuance of a discretionary permit and the applicant has met each of the following three conditions: ¬ The applicant has met each of the requirements and conditions of the County as set forth by the Planning Department staff for issuance of the permit(s) during the review process and, Pg 64 of 252 ¬ The applicant has complied with all published rules, regulations, and ordinances required for issuance of the permit(s) and, ¬ The County Planning Department staff has recommended that the permit(s) be granted. If the applicant then appeals the denial to the Board of Supervisors, the current rules should be changed to reflect the following conditions: ¬ No charge shall be levied for the applicant's appeal. ¬ The Director of the Planning Department as an “interested person adversely affected,” (as defined in section 66452.5, subdivision (d) of the California Government Code) may file the appeal with the Board of Supervisors to overturn the Planning Commission's decision. (See also Attorney General's Opinion No. 88-803 – December 1, 1998). ¬ The Planning Department shall not be required to prepare new findings to support the Commission's position in denying the application and the Board of Supervisors shall review the decision based on the original findings and the stated reasons for denial by the Commission. These rules should have effect only where the above three conditions has been met. To be binding the vote of the Board of Supervisors must be by a majority of eligible voting members. (Finding 3)
F4:
Conflicts of interest, or at least the appearance of a conflict, can arise when Commissioners are asked to decide issues where the best interest of the County, and its citizens, may conflict with the interest, intent, or desires of a Commissioner's employer. This is especially true where the Commissioner's employer can exercise regulatory authority in the County over issues coming before the county’s Planning Commission.
Related Recommendations (2)
R4:
To avoid the appearance of conflicts of interest, and to assure the Commission puts the interest of the citizens of San Luis Obispo County first, the Board of Supervisors should implement the following rule: When a Commissioner is confronted with an issue before the Planning Commission which same issue is subject to authority, or other direct interest of the Commissioner's employer, or in which that Commissioner could otherwise have a personal interest, that Commissioner must refrain from participating in the discussions and deliberations concerning that issue and must not cast a vote on any question concerning that issue. Nor should Recommendation #1 above be operative in this instance. (Finding 4)
R5:
The Board of Supervisors should implement the following rule regarding Planning Commission members: Pg 65 of 252 Each Commissioner should be required to sign a “Conflict of Interest Statement” which would operate to prevent conflicts of interest of an economic nature, conflicts resulting from incompatible offices, or the appearance thereof. The Statement should reference the FPPC Form 700 disclosure of economic interests of the Commissioner and should state who the Commissioner's employer is as well as any other economic interests relevant to a potential conflict. This Statement should be in addition to the requirements for filing of the Form 700. The Commissioner should agree in the Statement to refrain from participating in any issue before the Commission in which either they or their employer has an interest. Violation of the terms of the Statement should be grounds for immediate discharge from the Planning Commission. (See Appendix 'A' for a discussion and reference to the California Government Code regarding this Recommendation.) (Finding 4)
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Findings & Recommendations
9 findings
F1:
The goal of the TDC program is to relocate potential development away from agricultural and environmentally sensitive land and to retire antiquated subdivisions. The relocation is to be close to urban areas where public services would be readily available.
Related Recommendations (1)
R1:
The TDC program should continue, providing the recommendations in this report are implemented. (Finding 1)
F2:
The TDC program is essentially market-driven. However, developers can find suitable land for development within the urban reserve line or by requesting an amendment to the county’s General Plan without having to purchase development credits from a sender site. Until most land within the urban reserve line is developed, there is little or no incentive to purchase credits.
Related Recommendations (1)
R2:
The Board of Supervisors should develop an incentive program to attract both sender and receiver sites. (Finding 2)
F3:
SLO County land is essentially zoned into three categories: urban, agricultural or rural. Land may be zoned agricultural regardless of its actual agricultural value or the Soil Conservation Service land capability grouping. (See Bibliography #1, 4 & 5)
F4:
SLO County is covered with antiquated subdivisions that can be developed with less compliance to prevailing county environmental regulations and development standards. Most of the antiquated subdivisions are located on agricultural land.
F5:
A ranch in the northern portion of San Luis Obispo County was the pilot TDC sender site with over 5,000 acres preserved. Even though other properties qualified as sender sites, for all practical purposes this ranch remains the most significant sender site.
F6:
In a May 27, 2004 memorandum to the county Principal Planner, the SLO County Agricultural Commissioner recommended that all land within the Agriculture Land Use category not be eligible as TDC receiver sites
F7:
Using input from citizens and area advisory groups, the SLO County Planning Commission developed a set of specific recommendations, the strongest of which was to Pg 206 of 252 discontinue use of the TDC program, except for the community based programs and TDC sites that have been, or may be, established as part of the General Plan update.
F8:
In response to the Planning Commission’s recommendations, the SLO County Department of Planning and Building proposed: • County staff reevaluate the method used to determine the number of sender credits, • County staff reevaluate the allowed uses in the conservation easements and the requirements for conservation easement management, • the Board of Supervisors amend the current policy of allowing receiver sites in agricultural areas to disallow agricultural land being considered as a receiver site and, • County staff prepare amendments to the TDC program to encourage growth in urban areas where existing public services can effectively serve the additional density.
F9:
The Board of Supervisors agreed to form the TDC Blue Ribbon Committee, a broad- based committee, to review the TDC program.
Additional Recommendations
2
Not linked to specific findings.
R3:
Sender sites should not receive TDCs for land that has no agricultural value. (Findings 1 & 3)
R4:
Receiver sites should be located in proximity to available public services. (Findings 1 & 8)