Gran Jurado del Condado de San Mateo
2007-2008
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Hallazgos & Recomendaciones
9 hallazgos
F1:
Forty days before the election, the San Mateo County Elections Office (SMCEO) mails voters in mail-only precincts a letter alerting them that they live in a mail- only precinct and that they will receive a Vote-by-Mail ballot. The letter also advises these voters that if they choose not to vote by mail, they may drop off their voted ballot at one of the following locations: 1) Elections Office at 40 Tower Road; 2) Elections Office at 555 County Center, 1st floor; or 3) any city hall in San Mateo County. (See Attachment 2)
F2:
The SMCEO abides by California election laws and delivers Vote-by-Mail ballots to the post office 29 days before the election, the earliest date that ballots can be mailed.2
F3:
If voters do not want to vote by mail, they may vote in person at the Elections Offices on Tower Road or at the County Center in Redwood City if they surrender their Vote-by-Mail ballot and vote during the early voting period on the voting system. On election day, voters have another option of personally dropping off their ballots between 7:00 a.m. and 8:00 p.m. at any open polling place in San Mateo County, at the two election offices, or at any city hall in the county during regular business hours.
F4:
The mail-only voters who show up on election day without their Vote-by-Mail ballot are allowed to vote. However, their ballot is a provisional ballot, which is a paper ballot that is counted last in order to ensure they have not already voted by mail.
F5:
Voters who vote by mail can confirm receipt of their voted mail ballot using the Track and Confirm feature on the Election Department’s website www.shapethefuture.org. On election day, the SMCEO provides signage at traditional physical voting places which are no longer used, to inform voters in several languages that their voting place is no longer operational and to provide a number to call for information.
F6:
Official voting materials and notices from the SMCEO have been printed in different colors, such as lavender, to differentiate from other mail that voters may receive. Despite these different-colored materials and notices, voters who do not always check and read their mail carefully, may turn up at their regular voting location on election day and find it closed if their precinct has become a mail-only 2 Section 4101 http://www.leginfo.ca.gov/cgi-bin/displaycode?section=elec&group=04001- 05000&file=4100-4108 precinct. Voters, who show up on election day must use provisional ballots, as noted above.
Recomendaciones relacionadas (1)
R1:
The Grand Jury recommends that the San Mateo County Election Office:
Continue to alert voters in mail-only precincts, if these alerts are shown to be effective in increasing voter turnout. Attachment 1: Mail Only Precincts 93 MAIL CITIES BALLOT PRECINCTS 1023 Burlingame 1024 Burlingame 1025 Burlingame 1201 Burlingame 1202 Burlingame 1203 Burlingame 1204 Burlingame 1402 Hillsborough 1405 Hillsborough 1411 Hillsborough 1412 Hillsborough 1503 Millbrae 1602 San Bruno 1623 San Bruno 1627 San Bruno 1629 San Bruno 1630 San Bruno 1631 San Bruno 1632 San Bruno 1633 San Bruno 1705 San Mateo 1817 So. San Fran 1941 San Mateo 1942 San Mateo 1943 San Mateo 1944 San Mateo 1945 San Mateo 1946 San Mateo 1947 San Mateo 1948 San Mateo 1949 San Mateo 2118 Belmont 2121 Belmont 2122 Belmont 2219 Foster City 2225 Foster City 2615 San Mateo 2616 San Mateo 2618 San Mateo 2631 San Mateo 2670 San Mateo 3004 Atherton 3009 Atherton 3201 Belmont 3203 Belmont 3210 County 3211 County 3330 Half Moon Bay 3331 Half Moon Bay 3360 San Gregorio 3361 Skyline 3371 Skyline 3372 Skyline 3373 Skyline 3374 Skyline 3375 Skyline 3376 Skyline 3377 Skyline 3380 San Gregorio 3403 Alameda 3404 Alameda 3405 Alameda 3421 Los Trancos 3506 Pacifica 3516 Pacifica 3532 Pacifica 3533 Pacifica 3540 Pacifica 3627 San Carlos 3629 San Carlos 3630 San Carlos 3704 Lake 3705 Lake 3711 Searsville 3803 Woodside 3807 Woodside 3810 Woodside 4013 East Palo Alto 4406 Menlo Park 4412 Menlo Park 4429 Menlo Park 4430 Menlo Park 4507 Oaks 4636 Redwood City 4647 Redwood City 4649 Redwood City 4650 Redwood City 4651 Redwood City 4701 Redwood City 4702 Redwood City 5201 Club 5834 So. San Fran 5902 Visitacion Attachment 2: Alert Letter July 24, 2008 Hon. Joseph C. Scott Hall of Justice 400 County Center, 2nd Floor Redwood City, CA 94063 Dear Judge Scott: The 2007-2008 Grand Jury filed a report on July 10, 2008 which contained a recommendation on “Mail Ballot Precincts and how they affect voters in San Mateo County.” Specifically, the Grand Jury recommended that the San Mateo County Elections Office: • Continue to alert voters in mail-only precincts, if these alerts are shown to be effective in increasing voter turnout. We agree with this recommendation. Sincerely, Warren Slocum
F7:
The SMCEO predicts that the upcoming November 2008 presidential election will see one of the largest turnout of voters in the county’s history. Predictions are as high as 85% which would top the previous high mark of 81%. To assure a better understanding of the mail-only voting process for the expected high voter turnout in November, the SMCEO tested the effectiveness of an automated phone reminder seven days before the June 2008 primary election.
F8:
On a trial basis, about 50% of the households randomly selected in the 93 mail- only precincts will receive an automated phone call reminding them that they must vote by mail. The SMCEO is evaluating whether these calls have led to a greater return of mail-only ballots and fewer questions and complaints on election day.
F9:
The SMCEO will continue to have phone banks set up on election day in November so that callers can reach a live operator and not an automated message. Conclusions The San Mateo County Election Office goes beyond legal requirements to ensure that all voters are properly informed of their voting place. The Grand Jury commends the San Mateo County Election Office for the extra steps it is taking to ensure that voters in the 93 mail-only precincts in the county understand the mail-only voting process.
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Hallazgos & Recomendaciones
7 hallazgos
F1:
This finding reports that based on the studies reviewed by the Grand Jury, data suggests students taking online courses outperform their peers. One study compared advanced placement exams and it is believable that highly motivated students working in a technological environment which allows the student greater control over his or her learning process could enhance learning. Without knowing the make up of the students in the Florida study or the selection process for students in Florida Virtual Schools (FLVS), it is difficult to make a comment on those results. This district supports the practice of online learning.
Recomendaciones relacionadas (1)
R1:
The boards of trustees for the 23 school districts in San Mateo County instruct their administrators to: a. Use online and virtual learning programs to expand the curriculum, e.g. for the teaching of foreign languages, Advanced Placement programs, and remedial land special education programs. SSFUSD Response: South San Francisco Unified School District currently uses online programs to expand the curriculum. b. Use online and virtual learning programs for math, science and other core area subjects where a fully qualified teacher is not available. REVISED 10/23/08 SSFUSD Response: All South San Francisco Unified School District teachers are fully qualified; however, online programs are used when appropriate. c. Increase teacher training to make better use of web-based resources. SSFUSD Response: South San Francisco Unified School District technology plan and EETT grant resources places heavy emphasis on teacher training. d. Seek out volunteers or non-credentialed monitors to reduce the cost of operating computer labs. SSFUSD Response: South San Francisco Unified School District uses non- credentialed and credentialed employees to monitor computer labs. However, more attention needs to be given to this area. San Mateo-Foster City School District October 13, 2008 Superior Court of San Mateo County Hon. Joseph C. Scott Judge of the Superior Court Hall of Justice 400 County Center, 2nd Floor Redwood City, CA 94063-1655 Re: Online and Virtual Classroom Learning: To Expand and Supplement Opportunities in San Mateo County School Reports Dear Judge Scott, The San Mateo-Foster City School District Governing Board received the Grand Jury’s recommendations regarding online and virtual classroom learning on July 14, 2008. The San Mateo-Foster City School District agrees with most of the findings of the Grand Jury and disagrees with others. Our responses are as follows: Board of Trustees: RESPONSES TO THE RECOMMENDATIONS: Jack E. Coyne, Jr. Mark D. Hudak 1. San Mateo-Foster City School District continues to increase our use of online and virtual Lory Lorimer Lawson Cathy Rincon learning and the expansion of educational technology. Colleen Sullivan 2. The San Mateo- Foster City School District emphasizes the necessity of integrating Superintendent: technology into our education programs and instruction. A high level of professional Pendery A. Clark, Ed.D. development is provided teachers on an ongoing basis in this area for accessing student data and the use of technology as an instructional tool. 3. San Mateo-Foster City has highly qualified teachers. We are No Child Left Behind Compliant. We encourage teachers to improve their individual professional development 1170 Chess Drive growth through both online and off-line courses. Foster City, CA 94404 (650) 312-7700 FAX (650) 312-7779 www.smfc.k.12.ca.us San Mateo-Foster City School District 4. Several teachers in our District use interactive white boards and other emergi n g technologies to increase student achievement. 5. We have recently implemented two programs, Pinnacle and Data Director, to provide opportunities for standards based reporting. 6. We will work in collaboration with the County Board of Education and Superintendent of schools to achieve the goals set forth by the Grand Jury. Thank you for your recommendations and providing us an opportunity to respond. Please contact Dr. Toni-Sue Passantinto, Assistant Superintendent for Educational Services, at 650-312-7236 if you have further questions. Sincerely, Pendery A. Clark, Ed.D. Superintendent Cc: Board of Trustees Dr. Jean Holbrook, County Superintendent Dr. Toni-Sue Passantino, Assistant Superintendent, Educational Services Board of Trustees: Jac k E. Coyne, Jr. Mar k D. Hudak Lory Lorimer Lawson Cathy Rincon Colleen Sullivan Superintendent: Pendery A. Clark, Ed.D. 1170 Chess Drive Foster City, CA 94404 (650) 312-7700 FAX (650) 312-7779 www.smfc.k12.ca.us
F2:
1. This District engages in multiple staff development activities to enhance teachers’ acquisitions of knowledge and skills in the teaching of science. Science is taught at all grade levels for more than one hour per week. We have Science enrichment teachers in each school. 2. All of this District’s teachers have the appropriate State credentials. 3. This District hired 3 teachers from Spain to teach Spanish to our students. All are fully qualified and credentialed California teachers. This District has not recruited or hired teachers elsewhere.
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R2:
The County Superintendent of Schools: a. Provide more professional development for teachers to enable them to better utilize technological resources. b. Provide leadership, as necessary, to provide cost-effective resources for online and virtual classroom learning.
F3:
1. The respondent agrees with this finding. 2. This District is unfamiliar with other districts’ practices in this area. This district has on line connections in every classroom and media technology center in the district and supervises student use with credentialed staff. 3. The respondent agrees with this finding. 4. The respondent agrees with this finding. 5. The respondent agrees with this finding. 6. The respondent agrees with this finding. Superior Court of San Mateo County Online and Virtual Classroom Learning 7. The respondent agrees with this finding.
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R3:
The County Board of Education: a. Work with the County Superintendent of Schools to achieve the aforementioned goals. b. Adopt a policy that supports online and virtual classroom learning in San Mateo County schools.
F4:
1. The respondent agrees with this finding. 2. This District has no knowledge of the program referenced. 3. This District has no knowledge of the program referenced. 4. The respondent agrees with this finding. 5. This District disagrees with this statement. The SMCOE offers a portal which allows web based access. Further, the COE provides support through training and technological services. 6. This District has no knowledge of the program referenced. This District offers 2 geometry classes to its 8th graders. 7. The respondent agrees with this finding.
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R4:
We use para-educators to assist in monitoring our computer labs, but believe that our students benefit from contact with individuals who have extensive training in instructional technology. We therefore staff accordingly and plan to continue doing so. Thank you for the opportunity to respond regarding the Grand Jury recommendations regarding online and virtual classroom learning. Very truly yours, Ray Villareal Board President Ormondale School Corte Madera School 200 Shawnee Pass 4575 Alpine Road Portola Valley, CA 94028 Portola Valley, CA 94028 August 7, 2008 Hon. Joseph C. Scott Judge of the Superior Court Hall of Justice 400 County Center, 2nd Floor Redwood City, CA 94063-1655 Dear Judge Scott: The Hillsborough City School District Board of Trustees has asked me to respond to the Grand Jury’s report regarding Online and Virtual Classroom Learning.
F5:
Applying for and receiving federal Title I funds that cover some of the costs for online programs for remedial help for students. SSFUSD Response: Agrees with this finding.
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R5:
The respondent agrees with this finding.
F6:
Attempting to set up a virtual Mandarin class. One high school, which cannot justify the cost of Mandarin for five students, is working with another school to access its Mandarin class via virtual classroom technology. SSFUSD Response: South San Francisco Unified School District has no knowledge of this finding.
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R6:
The respondent agrees with this finding. Superior Court of San Mateo County Online and Virtual Classroom Learning
F7:
Providing some online resources for teachers to access from the County Office of Education website. SSFUSD Response: Agrees with this finding. However, the Grand Jury also found that:
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R7:
The respondent agrees with this finding.
Recomendaciones adicionales
4
No vinculadas a hallazgos específicos.
R8:
Some schools provide online computer rooms, in which a teacher or credentialed staff oversees the students and helps, as necessary. Response: We have computer labs at all of our schools, but these are used for teaching lessons involving the use of technology, not exclusively for online learning.
R9:
The San Mateo County Office of Education does not provide web-based infrastructure or support to the school districts. Teachers and administrators from county school districts look to other counties for web-based training opportunities, and curriculum. Response from the San Carlos School District to the 2007-2008 Grand Jury Findings and Recommendations Response: We neither agree nor disagree with the finding because we have no independent knowledge of the situation upon which the finding is based.
R10:
One middle school which believes a group of eighth- grade students would benefit from studying geometry postponed a decision to offer geometry, and did not consider the online learning option. Response: We neither agree nor disagree with the finding because we have no independent knowledge of the situation upon which the finding is based. In our own district, both of our middle schools offer geometry to selected middle school students.
R11:
None of the county school districts, to the Grand Jury's knowledge, use virtual classrooms to teach foreign languages, especially those for those languages such as Mandarin, Latin, Japanese, and Arabic in which qualified teachers are difficult to find. Response: We neither agree nor disagree with the finding because we have no independent knowledge of the situation upon which the finding is based. In our own district, virtual classrooms do not play a part in our foreign language program. Responses to the Grand Jury’s Recommendations 1. The boards of trustees for the 23 school districts in San Mateo County [should] instruct their administrators to: a. Use online and virtual learning programs to expand the curriculum, e.g. for the teaching of foreign languages, Advanced Placement programs, and remedial and special education programs. Response: Our board encourages our administrators to stay on top of new
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Hallazgos & Recomendaciones
3 hallazgos
F1:
Sewer Authority Mid-Coastside wastewater treatment facility is likely to upgrade its operation and become a tertiary water treatment plant that could provide water of high enough quality and quantity that it could be used to meet important irrigation needs in surrounding areas.
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R1:
The Grand Jury recommends that the Board of Supervisors direct the County Manager to:
Engage with the Ox Mountain Landfill operator to assess the feasibility for on-site leachate treatment that would also establish responsibility for continuing treatment once the landfill has been closed, and
F2:
An accident while transporting Ox Mountain Landfill leachate in either direction on Highway 92 has the potential to do considerable environmental damage.
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R2:
The Grand Jury recommends that the Board of Supervisors direct the County Manager to:
In the alternative, assess the feasibility of expanding leachate storage capability at the landfill so that treatment could be deferred to the winter months if the Sewer Authority Mid-Coast indicates a willingness to revert to secondary treatment during these months. The Grand Jury further recommends that the Directors of the Sewer Authority Mid-Coastside:
F3:
The need for leachate disposal will persist for decades beyond the closure of the Ox Mountain Landfill. It is unclear to the Grand Jury which entity or entities will be responsible for processing future leachate generation.
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R3:
The Grand Jury recommends that the Board of Supervisors direct the County Manager to:
Direct staff to explore the possibility of offering alternative operational services to the Ox Mountain Landfill, such as processing leachate to secondary standards during the winter months when there would be significantly reduced irrigation demand for tertiary water and significant dilution of effluent due to higher flows. 6
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Hallazgos & Recomendaciones
10 hallazgos
F1:
The Grand Jury finds that:
The Blue Ribbon Task Force has recommended that all current County-sponsored programs for uninsured adults, such as WELL and ACE, be consolidated into the San Mateo ACE Program.
F2:
The Grand Jury finds that:
A yearly expenditure of approximately $100 million will be needed to meet all of the goals set out by the BRTF, which includes funding that the County will continue to direct to meeting the healthcare needs of the indigent. The County, the Health Plan of San Mateo and Ravenswood Family Health Center competed to receive a State funding award of $7.5 million per year for three years that has enabled the launch of the Blue Ribbon Task Force Pilot Program, called San Mateo ACE. Other new funding sources have not yet been determined.
F3:
The Grand Jury finds that:
The Blue Ribbon Task Force’s proposed funding structure is built on a principle of shared responsibility among individuals, employers and the community. Explored sources include: • increased contributions from the county’s private non-profit hospitals • contributions from the two health care districts • monthly payment by enrollees
F4:
The Grand Jury finds that:
The Blue Ribbon Task Force has also analyzed funding sources that require voter approval: • tax or fee on employers • sales tax increase • parcel tax
F5:
The Grand Jury finds that:
The six private non-profit hospitals in San Mateo County (Kaiser-Permanente Redwood City and South San Francisco, Seton Daly City and Moss Beach, Mills Peninsula Burlingame, Sequoia Hospital Redwood City) participate in HPSM and play different 3 roles in serving the uninsured. Non-profit hospitals are required by IRS code Section 501(c)(3) to provide “community benefit” in order to retain their tax-exempt status. In July 2007, the IRS noted that: “The lack of consistency or uniformity in classifying and reporting uncompensated care and various types of community benefit often makes it difficult to assess whether a hospital is in compliance with current law.” 8
F6:
The Grand Jury finds that:
The County’s health care needs are also served by another private non-profit organization: Palo Alto Medical Foundation (PAMF), which currently operates clinics in Redwood City and Redwood Shores, has committed to building a new campus in San Carlos. PAMF already provides some care for HPSM members.
F7:
The Grand Jury finds that:
By March 2008, two private providers had agreed to support the BRTF plan by increasing care for HPSM members: • Kaiser had agreed to accept up to 360 pregnancies per year for prenatal care and delivery at Kaiser Redwood City. • PAMF had agreed to increase its quota from 500 to 1,500 patients.
F8:
The Grand Jury finds that:
Additionally, San Mateo County has two health care districts, Peninsula Health Care District (PHCD) and Sequoia Healthcare District (SHD). PHCD receives approximately $3.8 million annually, and SHD receives approximately $6.9 million from property tax monies. PHCD has approximately $34 million in reserves and SHD has approximately $69 million in reserves.9 These two health care districts have distributed a percentage of their annual tax income through their grant process, which is not coordinated with any other health care plan or organization. There is now a countywide program (San Mateo ACE) through which distribution of these tax monies could be coordinated rather than continuing with the current ad hoc method of distribution by grants.
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R2:
Sequoia Healthcare District and Peninsula Health Care District: • Enter into a formal agreement to support the San Mateo Access and Care for Everyone Program. • Re-evaluate the need for substantial financial reserves, since the health care districts no longer have hospitals to manage or maintain. 5
F9:
The Grand Jury finds that:
While HPSM has been able to recruit enough providers for its current membership, some access gaps exist. HPSM has been paying these providers at or above Medi-Cal rates.10 HPSM is concerned that a reduction of state and federal funding may impair its ability to continue paying its current rates and/or attract new providers, which would be necessary to achieve coverage expansion.
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R1:
San Mateo County Board of Supervisors encourage the Health Plan of San Mateo to: • Continue to pay fees at current levels in order to retain and attract providers. If funds are limited, consider paying higher rates to providers in critically needed specialties. • Use all available options (County resolution, support of state and federal legislation) to encourage the six private non-profit hospitals in San Mateo County (Kaiser-Permanente Redwood City and South San Francisco, Seton Daly City and Moss Beach, Mills Peninsula Burlingame, Sequoia Hospital Redwood City) to give significant and ongoing financial contribution and operational support to the San Mateo Access and Care for Everyone Program.
F10:
The Grand Jury finds that:
By May 2008, enrollment of more than 3,000 patients in the San Mateo ACE pilot program had exceeded the target of 2,100. The Blue Ribbon Task Force will regularly review the effects of the San Mateo ACE program. 8 http://www.irs.gov/newsroom/article/0,,id=172416,00.html 9 http://www.peninsulahealthcaredistrict.org/pdfs/annualfinancials.pdf http://www.sequoiahealthcaredistrict.com/sequoia_healthcare_bfs_07.pdf 10 http://www.hpsm.org/Documents/Providers/Provider%20Manual%20Full%20Copy%202008.pdf pp.48-50. HPSM pays as much as 133% of Medi-Cal rates (June 2008). Conclusions The Grand Jury commends the County Board of Supervisors and its Blue Ribbon Task Force for their efforts to plan and design health care coverage for the uninsured adults in San Mateo County. The BRTF has developed an ambitious, comprehensive, and well researched approach to provide health care to the County’s uninsured adults. The Grand Jury concludes that the BRTF has identified potential funding sources to cover the estimated $100 million annual cost of their plan, but has no firm commitments for funding. However, if all of the hospitals and health care district’s participants adopt the BRTF’s
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Hallazgos & Recomendaciones
2 hallazgos
F1:
The Superintendent of Schools and her team are broadly appreciated for effective and responsive leadership.
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R1:
The Grand Jury recommends that the County Superintendent of Schools:
Provide budget information on the County Office of Education website as do other county offices of education.
F2:
The services offered to the school districts by the County Office of Education are widely used. There are some issues identified in the questionnaire that may need addressing. The County Office of Education website has markedly improved since this investigation began, but there is a lack of transparency with respect to fiscal issues and staff reports provided to the Board of Education for their meetings. 3 http://www.smcoe.k12.ca.us
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R2:
The Grand Jury recommends that the County Superintendent of Schools:
Provide links to the staff reports for the Board of Education meetings so that the public can better understand the issues before the Board.
Recomendaciones adicionales
1
No vinculadas a hallazgos específicos.
R3:
The Grand Jury recommends that the County Superintendent of Schools:
Discuss with the districts in the County the findings presented in the responses to the Grand Jury’s questionnaire and implement appropriate solutions as agreed. Attachment 1 Attachment 2 Compilation of Answers: from the Grand Jury’s questionnaire sent in early 2008 to the Superintendents of twenty-three, K-12 San Mateo School Districts (20 of the 23 districts responded) (Pg. 1 of 2)
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Hallazgos & Recomendaciones
9 hallazgos
F1:
There is a dedicated professional Sheriff’s staff that: • maintains the jails well • offers effective assistance programs, such as Choices, to the inmates in spite of the overcrowding in facilities too small to accommodate the population • motivates some inmates to re-enter society and avoid recidivism.
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R1:
Explore with the Chief Probation Officer the creation and proper staffing of a program along the lines of the Bridges Program to provide rehabilitation of inmates not convicted and sentenced for crimes involving drugs or alcohol.
F2:
The County currently plans to replace the Women’s Correctional Facility with a larger jail on the same site. Maguire Correctional Facility and the Women’s Correctional Center have been filled beyond capacity for 15 years, so it is important that a new jail be constructed jail without delay.
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R2:
Avoid building a facility that is too small by constructing the largest facility that can be built on the selected site so that the building can properly house the current number of inmates and any projected increases in the jail population, and also provide space for both the rehabilitation and re-entry programs. San Mateo County Board of Supervisors and the San Mateo County Sheriff should:
F3:
Continued over-crowding significantly increases the challenges in providing effective rehabilitation of inmates.
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R3:
Continued over-crowding significantly increases the challenges in providing effective rehabilitation of inmates. Response: The respondent agrees with the conclusion. Our Jail Planning Unit is working closely with the Board of Supervisors, County Manager’s Office and criminal justice stakeholders in planning for and securing a replacement jail facility both for males and females that will offer inmate programs and re-entry services offering a continuum of care and services from incarceration to release for our clients.
F4:
The BOS has been made aware of the direct and indirect costs of overcrowding.
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R4:
The Board of Supervisors has been made aware of the direct and indirect costs of overcrowding. Response: The respondent agrees with the conclusion. Our Jail Planning Unit is working with the County Manager’s Office and County Real Property regarding site selection; a value matrix is being developed in order to assist in site selection for our replacement facility. This is an ongoing process to keep the Board of Supervisors aware of the direct and indirect costs of overcrowding. 2 of 6
F5:
There are cost saving programs that are acceptable to prosecutors and courts that can be used as alternatives to incarceration, such as the Bridges Program.
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R5:
There are cost saving programs that are acceptable to prosecutors and courts that can be used as alternatives to incarceration, such as the BRIDGES Program. Response: The respondent agrees with the conclusion. There are several post- incarceration programs, including BRIDGES that are helpful in providing re- entry programming to inmates upon release from custody.
F6:
Overcrowding at the Maguire Correctional Facility will increase during construction if the current site of the Women’s Correctional Center is used as the site for the new jail. As such, acceptable alternatives will need to be identified and funded during construction. Palo Alto Daily News, 5/19/08 “Prisons may add to staff” 3
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R6:
Overcrowding at the Maguire Correctional Facility will increase during construction if the current site of the Women’s Correctional Center is used as the site for the new jail. As such, acceptable alternatives will need to be identified and funded during construction. Response: The respondent agrees with the conclusion. The existing La Honda facilities will provide needed space for the temporary location of displaced inmates. We anticipate a detailed study to identify acceptable alternatives and funding obligations and opportunities.
F7:
The principles of the Bridges Program may have a broader application in the Probation Department Program for the courts to consider as an alternative in all cases in which a referral to the Program may be appropriate.
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R7:
The principles of the BRIDGES Program may have a broader application in the Probation Department for the Courts to consider as an alternative in all cases in which a referral to the Program may be appropriate. Response: The respondent agrees with the conclusion. Our Office is committed to working collaboratively with the Court, Probation and various service providers in the identification of a continuum of care, including rehabilitative and re-entry services spanning from incarceration to release, for detainees in our facilities.
F8:
Electronic monitoring is being used in other jurisdictions in the State as a component in the sentencing of adults. It is also a frequent part of the sentencing for some of the juveniles in the county to be part of a program where each juvenile is assigned to a Probation Officer with a case load small enough for the Officer and the monitored juvenile to meet three times a week. Adding close supervision by Probation may make the use of electronic monitoring a viable option in the sentencing of some convicted adults in the county.
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R8:
Electric monitoring is being used in other jurisdictions in the State as a component in the sentencing of adults. It is also a frequent part of sentencing for some of the juveniles in the county to be part of a program where each juvenile is assigned to a Probation Officer with a case load small enough for the Officer and the monitoring juvenile to meet three times a week. Adding close supervision by Probation may make the use of electronic monitoring a viable option in the sentencing of some convicted adults in the county. Response: The respondent agrees with the conclusion. Our Office is committed to working collaboratively with the Court and Probation to explore the use of electronic monitoring as a viable option in the sentencing of some convicted adults in our county. The Sheriff’s Office currently operates an Electronic Monitoring Program (EMP) for non-violent sentenced inmates in-lieu of jail when appropriate and when approved by the Court. It is anticipated that the Sheriff’s EMP participants will grow in conjunction with added programming which will be possible with a new replacement facility. 3 of 6
F9:
San Mateo County owns the property upon which the new jail is proposed to be built. If the new facility is not large enough to accommodate the projected growth in the jail population, the need in the future to build an additional jail facility will be far more expensive because the county may need to purchase the land and the Sheriff’s Office would need to staff one more jail.
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R9:
San Mateo County owns the property upon which the new jail is proposed to be built. If the new facility is not large enough to accommodate the projected growth in the jail population, the need in the future to built an additional jail facility will be far more expensive because the county may need to purchase the land and the Sheriff’s Office would need to staff one more jail. Response: The respondent agrees with the conclusion; however the actual jail site location has not yet been selected. Our Jail Planning Unit is working closely with the Board of Supervisors, County Manager’s Office and criminal justice stakeholders in planning for and securing a replacement jail facility that will meet our current estimates of approximately six hundred and forty-eight (648) beds for a combination of pre-trial and sentenced inmate populations. The timeliness of our ability to move forward with the project, length of anticipated construction time and the identification of future spatial needs are critical to the success and cost-effectiveness of the project. Our strategy is to use a participative process of planning and information sharing in each step of development. Community outreach efforts are on-going. Meetings are being set up in various locations within the county to communicate with the residents of our need for a new replacement facility, the type of facility that will be built, and the various inmate programs and services that will be offered in order to reduce the recidivism rate in San Mateo County. We have also dedicated a public space on our website (www.smcsheriff.com) of jail planning frequently asked questions for information sharing and public education. Recommendations: San Mateo County Board of Supervisors directs the County Manager to:
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Hallazgos & Recomendaciones
5 hallazgos
F1:
The Community Colleges now offer courses on ten high school campuses in the County, whereas in 2005-2006 they offered courses on only two high school campuses in the County. SSFUSD Response: Agrees
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R1:
The Board of Trustees of the San Mateo County Community College District encourage the three colleges in the District—Canada, College of San Mateo, and Skyline—to expand the college courses offered on all the high school campuses in the County. SSFUSD Response: South San Francisco High School currently offers one community college course on its campus and plans to expand offerings for the 2008-2009 school year. These courses have been instituted through an active collaboration with Skyline College. The Hermanos Program and a Cosmetology course will both be offered and have been fully publicized. These courses do not displace courses traditionally taught by our high school teachers. 1
F2:
Some of the advantages for high school students are: saving some of the costs of a college education (classes are tuition-free), possibly shortening the time needed for attaining college graduation, making the transition to college from high school easier and giving some students confidence in their ability to succeed in college. SSFUSD Response: Agrees
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R2:
The Boards of Trustees of Jefferson Union High School District, South San Francisco Unified School District, San Mateo Union High School District, Sequoia Union High School District, Cabrillo Unified School District and La Honda-Pescadero Unified School District encourage their high schools to actively collaborate with the Community Colleges to offer college courses on their high school campuses. SSFUSD Response: The SSFUSD Board of Trustees has recognized the programs listed in the response to Recommendation #1. In addition, the administrators of Skyline College and SSFUSD meet at least once a year to discuss areas of mutual interest, including student performance, services that can be implemented either by the college or the District that would benefit students. Programs that could be implemented by the college that would benefit our students are also discussed.
F3:
Although high school students can concurrently enroll in a community college at the college campus site, many do not have the transportation resources or scheduling flexibility that allow them to do so. SSFUSD Response: Agrees
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R3:
The Board of Trustees of the San Mateo County Community College District and the Board of Trustees of Jefferson Union High School District, South San Francisco Unified School District, San Mateo Union High School District, Sequoia Union High School District, Cabrillo Unified School District and La Honda-Pescadero Unified School District strongly urge their administrators and counselors to publicize fully the opportunities offered to students by enrolling in college courses offered on high school campuses. SSFUSD Response: See response to recommendations 1 and 2 above.
F4:
The Community Colleges receive concurrent enrollment dollars from the state for the number of students enrolled in their courses on high school campuses, and the high schools receive Average Daily Attendance (ADA) for their funding. SSFUSD Response: Agrees
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R4:
The Boards of Trustees of Jefferson Union High School District, South San Francisco Unified School district, San Mateo Union High School District, Sequoia Union High School District, Cabrillo Unified School District and La Honda-Pescadero Unified School District direct their administrators to ensure that adding college credit courses on their campuses supplements and does not displace traditionally offered courses taught by high school teachers. SSFUSD Response: See response to recommendations 1 and 2 above.
F5:
Offering Community College courses on high school campuses can expand the kinds of courses offered at high schools by enlisting the cooperation of the teacher unions when appropriate. SSFUSD Response: Agrees
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R5:
The Board of Trustees of the San Mateo County Community College District and the Board of Trustees of Jefferson Union High School District, South San Francisco Unified School District, San Mateo Union High School District, Sequoia Union High School District, Cabrillo Unified School District and La Honda-Pescadero Unified School District continue to work with the appropriate teacher unions to resolve any conflicts that may arise as concurrent enrollment programs are implemented. SSFUSD Response: This has not been an issue in SSFUSD. LA HONDA-PESCADERO UNIFIED SCHOOL DISTRICT P.O. Box 189 • 620 North Street, Pescadero, CA 94060 650-879-0286 • FAX 650-879-0816 Timothy A. Beard, Superintendent September 3, 2008 Honorable Joseph C. Scott Judge of the Superior Court Hall of Justice 400 County Center, 2nd floor Redwood City, CA 94063-1655 Hon. Judge Scott: This letter is in reference to the 2007-08 County Grand Jury report on Expanding Community College Courses Offered on High School Campuses. The La Honda-Pescadero Unified School District has considered the Grand Jury’s findings and submits this letter in response to the recommendations to school districts in the County.
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Hallazgos & Recomendaciones
2 hallazgos
F1:
Powers of the City Manager Atherton’s Municipal Code provides broad powers to the City Manager. “2.12.070 Powers and duties. The city manager shall be the administrative head of the government of the town under the direction and control of the city council, except as otherwise provided in this chapter. He shall be responsible for the efficient administration of all the affairs of the town which are under his control.” Section 2.12.070 further provides as follows (emphasis added in bold): “In addition to his general powers as administrative head, and not as a limitation thereon, it shall be his duty and he shall have the powers set forth in the following subsections (not all are listed): “B. To control, order and give directions to all heads of departments, except the city attorney, and to subordinate officers and employees of the town through their department head, and consolidate or combine offices, positions, departments or units under his direction;” “C. To appoint, remove and demote any and all officers and employees of the town except the mayor, councilmen, chairman and members of the planning commission and the city attorney;” “K. To make investigations into the affairs of the town or any department or division thereof and any contract for the proper performance thereof;” “L. To investigate all complaints in relation to matters concerning the administration of the town government and in regard to the service maintained by public utilities in such town;”
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R1:
The San Mateo County Grand Jury recommends that the Town Council of Atherton:
Seek guidance from the Town Attorney regarding appropriate separation of respective duties and powers of the Town Council and City Manager, and direct the Town Attorney to provide similar guidance to the City Manager, and
F2:
Role of Individual City Council Members in Personnel Matters In contrast to the broad role given the City Manager, the role of council members in administrative matters is much more constrained. In regards to the role of individual Town Council Members in personnel matters, the Atherton Code provides as follows (emphasis added): 2 “2.12.080 Cooperation of subordinate officers. “A. The city council and its members shall deal with the administrative services of the town through the city manager, except for the purpose of inquiry; and neither the city council nor any member thereof shall give orders to the subordinates of the city manager, except in the event of an emergency endangering life or property.” “B. It shall be the duty of all subordinate officers, including the city attorney, to cooperate with and assist the city manager in administering the affairs of the town most efficiently, economically and harmoniously, so far as may be consistent with their duties as prescribed by the law and ordinances of the town.” “C. Upon appointment of the city manager, the terms of subordinate officers over whom he has power of appointment or removal shall cease unless they are reappointed by him. All powers heretofore vested in the city council or in any other officer or employee of the town ordinance, resolution or other action of the council which are by this chapter vested in the city manager, shall be deemed to be transferred to the city manager as though all such ordinances, resolutions or other actions had been specifically amended.” Conclusions The Grand Jury concludes that: The Atherton Municipal Code clearly vests in the City Manager the authority and responsibility to conduct the administrative operations of the Town. In fact, Atherton Municipal Code section 2.12.080 (A) allows individual city council members to directly “deal with the administrative services of the town” only for the “purpose of inquiry.” It is the Grand Jury’s view, given the overall structure of the “city manager form of government” adopted by the Town of Atherton, that this “purpose of inquiry” exception should be narrowly construed, to allow inquiry where appropriate to ensure that the City Manager is carrying out his or her duties, but not to undertake investigative activities of subordinate Town officials other than through the City Manager. While the Town did ultimately hire an outside investigator to investigate the activities of the Town’s finance director, it is evident that at least one Council member undertook independent investigative activities. The Grand Jury questions the wisdom of giving council members independent investigative power. Allowing a member of the Council to initiate an investigation and to publicize those actions undermines the public’s perception of the integrity or, perhaps, competence, of the office of the Town Manager and is contrary to the intent of the Atherton Municipal Code. The Council as a whole should discourage members from acting as independent investigators, and encourage all members to work through the City Manager. 3
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R2:
The San Mateo County Grand Jury recommends that the Town Council of Atherton:
Clarify the powers and authority of the City Manager in personnel matters by amending the Town Municipal Code, as appropriate; to better delineate the authority of the City Manager, and the limitations on the authority of the Town Council in such matters. ATKINSON (cid:122) FARASYN, LLP ATTORNEYS AT LAW 660 WEST DANA STREET REPLY TO: P.O. BOX 279 J.M. ATKINSON (1892-1982) MARC G. HYNES MOUNTAIN VIEW, CALIFORNIA 94042 L.M. FARASYN (1915-1979) TELEPHONE (650) 967-6941 FACSIMILE (650) 967-1395 September 24, 2008 Hon. Joseph C. Scott Judge of the Superior Court Hall of Justice 400 County Center, 2nd Floor Redwood City, CA 94063-1655 Re: Letter dated July 14, 2008 Authority of Atherton Elected Officials Regarding Personnel Issues Report Dear Judge Scott: This letter responds to the July 14, 2008, letter from John C. Fitton, Court Executive Officer, regarding a Grand Jury Report entitled: ”Authority of Elected Atherton Officials Regarding Personnel Issues.” The City Council has reviewed the report and has directed me to write the following response:
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Hallazgos & Recomendaciones
3 hallazgos
F1:
Require the Public Works Department to: • Develop a uniform measurement methodology that extends the South Bayside Waste Management Authority direct method to all parts of the county (including the unincorporated areas in the County). • Use the information derived from the uniform measurement method to assess the County’s current performance and develop new programs that will increase recycling and reduce the capacity stress on the landfill. Response: Partially concur. We agree that there are benefits to having more accurate and consistent countywide measurements of waste diversion. However, as noted above, the County cannot require cities to provide data other than that required by the CIWMB. Nor can we require cities to provide additional recycling services. We will refer this issue to the City/County Association of Governments for discussion, but cannot guarantee that the data or additional services will be provided.
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R1:
The Grand Jury recommends that the Board of Supervisors:
Require the Public Works Department to: • Develop a uniform measurement methodology that extends the South Bayside Waste Management Authority direct method to all parts of the County (including the unincorporated areas in the County). • Use the information derived from the uniform measurement method to assess the County’s current performance, and develop new programs that will increase recycling and reduce the capacity stress on the landfill.
F2:
Consider encouraging, by resolution, that the California Integrated Waste Management Board use more accurate direct recycling measurement methods when enforcing California mandated recycling requirements. Response: Concur. This recommendation will be referred to the Board of Supervisors Legislative Committee for further consideration.
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R2:
The Grand Jury recommends that the Board of Supervisors:
Consider encouraging, by resolution, that the California Integrated Waste Management Board use more accurate direct recycling measurement methods when enforcing California mandated recycling requirements. 5
F2020:
It receives all the waste from San Mateo County and a limited amount from other counties. It is scheduled to begin shutting down in 2010, just two years from now, and no plans are now evident for a replacement. The hope that increased recycling can extend its life is used as a rationale for current inaction. A Atherton R Redwood City B Belmont C San Carlos E E 80 G Burlingame S San Mateo E E. Palo Alto F Foster City E H Hillsborough E E 70 M Menlo Pk. B A H H A R B 60 E B B B H A B RB S G M R G M M 50 M G S R RG G SG G RS E M F F C M C C C 40 CM S RF F F S S A 30 H 20 1998 2000 2002 2004 Year 3 tnecrep – detrevid Shaded area is out of compliance. Figure 1 Diversion Trends in South Bayside Communities as Determined from the CIWMB Indirect Methodology. (See text discussion) Investigation Members of the 2007-2008 Civil Grand Jury (Grand Jury) reviewed the Ox Mountain Landfill permits in the Environmental Health Department, visited the Ox Mountain Landfill site and interviewed management of the Public Works Department and of the SBWMA. State law (see Appendix 1) requires that certain reports be submitted detailing recycling progress. The Grand Jury sought those reports, but was only able to obtain those for areas serviced by the SBWMA. Some information for other jurisdictions was obtained from the CIWMB website, but that information is several years old, and is based on the indirect estimates discussed earlier. Findings The CIWMB requires each city and county in California to report on its progress toward meeting the 50 percent solid waste diversion mandate specified in the California Integrated Waste Management Act of 1989 (AB 939). The Grand Jury’s research found that there is no specific methodology for directly tracking recyclable materials, although the CIWMB Annual Report methodology does provide a framework that allows for jurisdictions to input recycling tonnage data. There is no tracking of recyclables sold directly to private vendors. Currently, it is assumed, for purposes of compliance with state law, that the reduction in materials deposited in the Ox Mountain Landfill or at other locations represents the amount of material that has been recycled or otherwise diverted from disposal in the landfill. By this measure, diversion trends appear to be generally upward. (See Figure 1) Comparisons with directly measured recycling amounts for some of the County’s cities (see Table 1 for 2005) shows that the diversion rate estimates of recycling are not always reliable. These uncertainties in the way that the numbers are calculated prevent a conclusive statement about recycling trends. Furthermore, there is no indication of what materials are actually being recycled. Some areas (e.g., Colma and the unincorporated areas in the County) provide no specific data on recycling. While a franchised hauler, Allied Waste, collects information about the types of materials that are being recycled by those areas covered by the SBWMA, there are no estimates of how much recyclable material gets deposited in the landfill. The SBWMA estimates are derived from waste characterization studies that have been conducted recently (and in the past) for the commercial sector by SBWMA. A report of those studies is expected to be available in March, 2008. Adoption of more reliable methods for estimating recycling levels is hampered in some cases by lack of data, and in all cases by the mandated CIWMB indirect methodology. There are additional costs in tracking all diversion activities, which is, in part, the rationale behind use of the CIWMB indirect methodology, rather than developing more reliable methods for estimating recycling. The CIWMB indirect methodology is subject to errors arising from incorrect or lagging adjustments for sudden changes in commercial activity. The legislation clearly mandated a percentage decrease of material sent to landfill, irrespective of how much material was already being recycled, which seems to penalize those cities (e.g., Pacifica) that already had active recycling programs in the base year. Conclusions The Grand Jury concludes that a lack of reliable information about the amount and kinds of material being recycled means that: • It is very difficult to obtain an accurate assessment of the degree to which the County is meeting recycling goals. • The detailed information necessary to develop and evaluate improved recycling plans is currently unavailable for much of the County.
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Hallazgos & Recomendaciones
11 hallazgos
F1:
The Grand Jury finds that:
There was a considerable difference of opinion within the Council and Town administration regarding the above-mentioned audit reports.
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R1:
Review their procedures for safeguarding the independence of the Town management team, so that department heads and staff can freely investigate, discover and report any perceived improprieties or inefficiencies that may arise.
F2:
The Grand Jury finds that:
The public pronouncements to local newspapers by individual members of the Council, audit committee and staff exacerbated animosity among the Council, Town administration and staff. These pronouncements also created considerable uncertainty among the Town’s constituents about the nature of the dispute and the Town’s position.
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R2:
Revise those procedures as necessary to make them more effective.
F3:
The Grand Jury finds that:
The Grand Jury’s interviews with staff and Council members revealed considerable rancor, tension, antagonism and lack of collegiality among individuals.
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R3:
Establish a new policy whereby Council members, Town staff and appointed officials are encouraged to carefully consider the ramifications of their public pronouncements when sensitive Town matters are being investigated.
F4:
The Grand Jury finds that:
The Town currently has no finance director, but has retained a finance consultant.
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R4:
Meet periodically with the Town Manager to ensure an ongoing mutual understanding of the respective roles of the Town Council and Town Manager. 3
F5:
The Grand Jury finds that:
The position of Town Manager has been filled. Conclusions The Grand Jury concludes that:
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R5:
consistent communications and resolutions process. Jerry Gruber indicated that he would review this issue and propose a process to town council that can be followed to insure that citizens' concerns and criticisms were dealt with in a timely and consistent manner and that council members would be informed of how these issues were handled. Secondly, the process would identify methods for follow-up with citizens to evaluate their satisfaction with both the process and the response provided. Review of Town Committees and Commissions. Ε. The Town of Atherton has a number of various committees and commissions to provide the town council with information and advice in furtherance of its ability to carry out its duties as the governing body of Atherton. Questions that typically arise relative to committees and commissions are: What does the council want and need from these committees and commissions? How does the council charter them in terms of defining their specific role and how they will carry it out? How will these groups be expected to prepare their agenda's minutes and ensure attendance of their members at their meetings? How are members of these committees and commissions selected by the town council? How does the council assign specific issues and tasks to each of the • committees and commissions? How is staffing provided to each of the committees and commissions and what are the fiscal impacts on the town of supporting each of the committees and commissions? How does the town council evaluate the performance of each committee and commission relative to the council's expectations and direction given to them? When is it appropriate to use ad hoc groups as an alternative to ٠ standing committees and commissions? It was determined that the town council would hold a workshop to address the questions listed above and to provide more specific direction on the wording of a resolution pertaining to the Town of Atherton committees and commissions. City Council Re-Evaluation of Committees before members are appointed: Arts Committee
F6:
The Grand Jury finds that:
Strident public statements by Council members and appointed officials inhibit the management independence that is necessary to ensure effectiveness and constructive criticism within Town administration.
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R6:
It was decided that any actions taken relative to this committee would be deferred until the completion of the vision and goal- setting workshop to be conducted by council in April or early May. The outcome of this workshop would provide the perspective council needs to provide further direction relative to this committee. Crime Prevention Committee
F7:
The Grand Jury finds that:
There is an opportunity for the Council and the new Town Manager to address the causes of the recent turmoil in the Town in a constructive manner.
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R7:
Facilitator volunteers
F8:
The Grand Jury finds that:
Personnel openings in the Town’s management will provide an opportunity to develop a more cohesive management team.
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R8:
Work for long-term financial solutions.
F9:
Strident public statements by Council members and appointed officials inhibit the management independence that is necessary to ensure effectiveness and constructive criticism within Town administration.
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R9:
The following observations were made: this committee provides reports to the town council. there are questions as to what are the staffing requirements necessary to support this committee and the town manager will need to address these issues and make recommendations pertaining to staffing requirements. this committee, while acting in an advisory capacity, needs to focus on assisting the city council in providing achievable environmental program goals and policy directions for the Town of Atherton. General Plan Committee
F10:
There is an opportunity for the Council and the new Town Manager to address the causes of the recent turmoil in the Town in a constructive manner.
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R10:
A definitive budget for this committee is to be prepared. Heritage Committee.
F11:
Personnel openings in the Town’s management will provide an opportunity to develop a more cohesive management team.
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R11:
--- governmental agencies Attend meetings regional issues.
Recomendaciones adicionales
4
No vinculadas a hallazgos específicos.
R12:
It was decided this committee would continue to function as it does currently. Screening Committee
R13:
This committee will continue to function as it does currently. Transportation Committee
R14:
This committee will continue to function as it does currently, however, an additional member needs to be appointed. Tree Committee
R15:
It was decided to abolish this committee. Conducting a Vision and Goal-Setting Workshop for the Town F. Council. The workshop conducted on March 7-8, 2008, focused primarily on team- building and clarifying the respective roles and relationships to exist between the town council and the town manager. The next task then is for the town council to define its leadership vision, priorities and goals for the Town of Atherton. This workshop will be scheduled for a date in April or early May. Specifics are to be negotiated by the town manager with the facilitator for council review and approval. City Council High-Priority Goals Once the 17 proposed goals were identified, each of the workshop participants (4 council members and 7 senior staff members) were given an opportunity to select 7 of the 17 proposed goals as their choice for High-Priority Goals. For a goal to be selected as a High-Priority Goal, it had to be supported by a majority of the council. Staff members were given an opportunity to indicate their preferences, but the selection of High-Priority Goals is the prerogative of the town council as the Atherton governing body of elected officials. The following proposed goals were identified by a majority of the council members as High-Priority Goals. • Obtain approval by residents of long-term financing mechanism for the Town of Atherton (Town Council - 3; Senior Management Staff - 7) Obtain Town of Atherton Housing Element State Certification. (Town Council – 4; Senior Management Staff – 6) Determine feasibility (political, economic, and operational) of a new or remodeled RESOLUTION NO. 08-___ A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF ATHERTON GOVERNING TOWN COMMITTEES AND COMMISSIONS WHEREAS, the City Council of the Town of Atherton desires that the most qualified residents of the Town serve on Town committees and commissions consistent with obtaining the broadest representation of the community; Now, therefore, the City Council of the Town of Atherton hereby resolves as follows: Establishment of Committees. The following committees and commissions are Section 1. established for the Town of Atherton: Arts Committee
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Hallazgos & Recomendaciones
4 hallazgos
F1:
One opted for the police academy.
Recomendaciones relacionadas (1)
R1:
Hiring and training more entry-level dispatch personnel.
F2:
One did not meet the qualifications.
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R2:
Expanding in-house training for dispatch personnel.
F3:
One found employment closer to home.
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R3:
Evaluating the current Communications Center capacity with a view toward potential partnership with another agency. 3
F4:
One took a position with higher pay, but later accepted transfer to MPPD. Menlo Park dispatchers worked longer hours, and temporary contract dispatchers were employed to maintain the level of customer service that existed before the merger. The response rate from “dispatch to arrival” on 911 calls remained the same as it was prior to consolidation--three to five minutes for both Menlo Park and San Carlos. The MPPD Communications Center was constructed with an expansion capability so it could accommodate the consolidation. Many backup systems are in place to minimize risks (e.g., power or communication failures) associated with consolidation. These backup measures include power generators, microwave communication systems, a complete Ham Radio Base Station and the ability to transfer calls to alternate dispatching centers. Conclusions Budget constraints on public safety agencies have forced communities to think of innovative ways to maintain a high level of service at reduced costs. The consolidation of Menlo Park and San Carlos Police Communications Center appears to be operating quite successfully in spite of staffing shortages. Staffing shortfalls occurred during the transition and have persisted, largely because the expected transfer of the four San Carlos dispatchers to become Menlo Park employees did not fully materialize. The resulting staffing shortage has required the hiring of temporary contract dispatchers and longer hours for Menlo Park dispatchers until staff levels return to normal. The unique qualities needed to qualify as a police dispatcher have led to constant demand for experienced dispatchers in a very difficult job market. Thus, the original requirement that all applicants be experienced police dispatchers had to be modified to include entry level applicants, who meet the other qualifications. The consolidation of MPPD and SCPD dispatch centers has allowed both communities to have access to a state-of-the-art communications system that greatly enhances the ability of the police dispatchers to serve a much larger geographical area and still maintain the former high level of service. In the process, the consolidation has been financially beneficial to both SCPD and MPPD. The Grand Jury believes the decision to consolidate by the San Carlos City Council and the Menlo Park City Council was correct. The law enforcement agencies of both cities and the Menlo Park Police dispatchers are to be commended.
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Hallazgos & Recomendaciones
4 hallazgos
F1:
Relocating the snack bar to a neutral area that will limit HMB High School teams and fans from coming in contact with visiting teams and their fans.
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R1:
Formulate, for the Board’s adoption, a disciplinary policy that includes zero-tolerance of unacceptable behavior for student athletes and the student body. This could include forfeiting all games for that year in the sport in which the unacceptable behavior occurred.
F2:
Putting up a fence in back of the bleachers of the visiting team area. Conclusion The Grand Jury concludes that:
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R2:
Implement the adopted disciplinary policy.
F3:
Formulate and implement a response plan to deal with unacceptable behavior at sporting events.
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R3:
Formulate and implement a response plan to deal with unacceptable behavior at sporting events.
F4:
Direct the Half Moon Bay High School Principal to: a. Take appropriate steps to implement the physical plans listed above in the Grand Jury's findings in this report. b. Provide all students with the policies listed in Recommendations 1 and 2 above. c. Have all students sign a form that verifies that they have read the disciplinary policy. Sportsmanship Contract CIF/Central Coast Section April 24, 2008 September 30, 2008 Honorable Joseph C. Scott Judge of the Superior Court Hall of Justice 400 County Center, 2nd floor Redwood City, CA 94063-1655 Re: Addressing Unacceptable Behavior at Half Moon Bay High School Sporting Events Report. Following are responses from Cabrillo Unified School District regarding the findings, conclusions, and recommendations contained in this report: Findings The Grand Jury found through its investigation that: • Unacceptable behavior has been a problem at HMBHS sports events for many years. District response: We concur that unacceptable behavior occurred during a football game between Half Moon Bay High School and Sequoia High School last fall hosted by HMBHS. Although some of the allegations stemming from that game were never substantiated, the Cabrillo Unified School District and the Half Moon Bay High School communities are fully committed to creating and sustaining an atmosphere that is safe, warm, and welcoming for athletes, officials, and spectators. As you will note in our responses that follow, we seek to use this incident to generate improvements in our game management that will characterize Half Moon Bay High School as a model program where every action reflects the core principles of the California Interscholastic Federation’s publication “Pursuing Victory with Honor.” We disagree with the more general finding that “unacceptable behavior has been a problem at HMBHS sports events for many years.” It has? With all due respect, this assertion paints a broad brush stroke across all of our athletic programs, all participating athletes, all coaches, and all spectators. This is a very damaging – Cabrillo response to Unacceptable Behavior claim. Does the Grand Jury have specific evidence to support this sweeping statement? If so, such documentation should be shared with the District. • HMBHS Principal and student body officers issued written apologies to Sequoia. District response: We concur with this finding. • No concrete evidence of policy or procedures was discovered regarding specific disciplinary actions to be taken against guilty parties or school sports teams. District response: We disagree with this finding. Countless hours were spent interviewing game officials, coaches, school officials, and players… reviewing tapes of the game… and cross-checking our findings with Sequoia High School personnel. The District was unable to either substantiate a number of the allegations or identify individuals who allegedly engaged in inappropriate behavior. We disagree with the notion of taking action against a “sports team” unless it can be established that virtually every member of that team was guilty of engaging in inappropriate or unsafe behavior. We do not believe in “punishing many” for the actions of a few. • CUSD interviewees stated the belief that its unique small town isolation could be a contributing factor to the HMBHS attitudes and behavior. District response: Who were those interviewees? Individuals can harbor and express very unique perspectives. The District is not in a position to either agree or disagree with such a finding. We believe that the small town flavor and rich history of our coastal communities are very positive factors and one of the reasons why so many people seek to live here on the Coast. • HMBHS has engaged the Positive Coaching Alliance to facilitate the promotion of good sportsmanship by the HMBHS administration. By fall, 2008, the Positive Coaching Alliance will have met with coaches, staff, student athletes, and their parents. District response: We concur with this finding. The Grand Jury also found that HMBHS plans to: • Provide sensitivity training to all students. District response: We concur with this finding. • Have more visible staff on site to deter and handle and mischief at HMB High School sporting events. – Cabrillo response to Unacceptable Behavior District response: We concur with this finding. Specific implementation strategies are addressed in the Schoolwide Changes for Sporting Events plan that was developed by Half Moon Bay High School staff and presented to the Board for review and approval on June 5, 2008. • Accept the proposed changes to the Sportsmanship Contract. The Sportsmanship Contract is “the minimum requirement, and the schools can always provide more information to remind students, athletes, and parents of the importance of sportsmanship.” District response: We concur with this finding. • Make physical changes to the football field to limit contact between visiting teams and their fans and HMBHS fans. The proposed changes include: 1) Relocating the snack bar to a neutral area that will limit HMB teams and fans from coming in contact with visiting teams and their fans. 2) Putting up a fence in the back of the bleachers of the visiting team area. District response: We concur with this finding although we do not agree with the premise that the physical changes are needed to “limit HMB teams and fans from coming into contact with visiting teams and their fans.” This is another sweeping and very damaging assertion that seems to suggest that visitors need to be “protected” from our teams and fans. We are a welcoming community that routinely hosts thousands of visitors and tourists on an annual basis. In a vast majority of instances, visitors to our athletic events and other extracurricular programs discover very warm and welcoming environments. The physical changes that are being implemented at significant cost, including a new staircase providing far greater access to field level and the visitor’s bleachers, are designed to create better pedestrian traffic flows and greater access to facilities (restrooms, snack bars, etc.) There is already a fence in the back of the bleachers of the visiting team area. We are expanding the bleachers and revamping our security measures on that side of the field as part of a comprehensive plan to create an even safer and more welcoming environment for interscholastic competition. Conclusions The Grand Jury concludes that: 1. Although steps have been taken to encourage cordiality with spectator sports fans from both HMBHS and visiting teams, implementation of some of these proposed changes have not yet occurred. – Cabrillo response to Unacceptable Behavior District response: We are not sure when this assertion was made but the District has taken a significant number of steps in the aftermath of the original event to “encourage cordiality” and to address virtually every recommendation that was generated by the Grand Jury, as detailed below. Given the relatively brief time to respond to this report and the costs associated with several of the recommendations, we believe that the thoroughness of our response to the alleged events of last October is particularly noteworthy.
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R4:
Direct the Half Moon Bay High School Principal to: a. Take appropriate steps to implement the physical plans listed above in the Grand Jury's findings in this report. b. Provide all students with the policies listed in Recommendations 1 and 2 above. c. Have all students sign a form that verifies that they have read the disciplinary policy. Sportsmanship Contract CIF/Central Coast Section April 24, 2008
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Hallazgos & Recomendaciones
14 hallazgos
F1:
Replacement of lighting in most County buildings (and some leased space through agreements with the landlords) with high efficiency fluorescent lights and ballasts.
F2:
Inefficient chillers and boilers have been replaced.
F3:
Elevator motors are being replaced with more efficient ones.
F4:
Window films are planned as heat barriers for County buildings.
F5:
Motion detectors are being placed in some areas to turn off lights when unneeded. Otherwise, they are left off. Other equipment changeouts are in process. The County Public Works Department is replacing aged vehicles with more fuel-efficient models. SamTrans is a major consumer of the fuel used by county agencies. Among their efforts to improve fuel efficiency and reduce costs are the following:
F6:
Changed engines in 137 buses to achieve 25% reduction in fleet average emissions and a 40% increase in fuel economy.
F7:
Modified routes to encourage transit use and thereby reduce countywide emissions.
F8:
Adopted policy for and has been pursuing funding for electrification of Caltrain, which would increase transit efficiency, save money, and reduce emissions.
F9:
Engaged in experimental alternate energy programs sponsored, in large part, by state and federal programs. Green Team members have worked (both in their individual neighborhoods and in the County workplace) to promote and implement:
Recomendaciones relacionadas (5)
R1:
Work with cities, the County, and independent agencies to ensure implementation of the recommendations set forth by the Utilities and Sustainability Task Force in their San Mateo County Energy Strategy.
R2:
Appoint another task force to do an in depth study, with practical recommendations for reducing transportation-related energy use by cities, the County, and independent agencies. The new task force would be composed of experts from a variety of fields, such as was the case for the Utilities and Sustainability Task Force.
R3:
Encourage cities, the County, and independent agencies to share ideas and coordinate efforts toward improving efficiency of the vehicle fleets.
R4:
Work with cities, the County, and independent agencies to ensure implementation of the recommendations set forth by the new transportation energy use task force (see #2 above) when it completes its work.
R5:
Continue supporting Green Team and Cool Cities programs. The Grand Jury recommends that the SamTrans Board of Directors:
F10:
Subsidized mass transit for County employees.
F11:
“Point of use” signage, to remind employees to turn off lights and computers when not in use. The Sierra Club’s Cool Cities Project is aligned with the U. S. Mayors Climate Protection Agreement. It promotes these main strategies:
F12:
Green vehicle fleets.
F13:
Renewable energy. To date, the County and 16 of 20 cities in the County have engaged in at least one of the five milestones3 of the Cool Cities Campaign. The cities which have not engaged are Brisbane, Colma, Daly City, and East Palo Alto. The milestones are: 1. Establish campaign; 2. Engage community; 3. Sign formal Mayors’ climate protection agreement; 4. Take initial solution steps; 5. Implement advanced energy solutions. Conclusions The County agencies and programs examined by the Grand Jury have recognized the importance of energy conservation, both for environmental improvement and for reducing the impact of increasing fuel costs on the County budget. Those organizations have not only recognized the importance of energy conservation, they have also made good progress toward achieving significant levels of energy conservation. C/CAG’s appointment of the Utilities and Sustainability Task Force turned out to be a very important step toward more efficient energy use in the County. That Task Force did a comprehensive review of our county’s non-transportation energy expenditures, and the possible ways in which those expenditures can be reduced. Many of the suggestions proposed by the Task Force have already been implemented, and plans are in effect for implementing many of the remaining recommendations. Aside from private vehicles, much of the energy used for transportation in our county is used by SamTrans and Caltrain vehicles. The SamTrans refitting of buses with cleaner, more efficient engines was an important step toward reducing fuel costs. Other SamTrans activities, such as possible Caltrain electrification, revising bus routes to be more attractive and studies of alternative fuels for their vehicles, have had some impact to date, but hold promise for considerably more cost and efficiency improvements in the future. Efforts to reduce fuel consumption by vehicles operated by the government agencies in our county have not been consistent. Some cities, the County, and agencies, such as SamTrans, have paid considerable attention to the problems of fuel usage, whereas other agencies seem to have been less concerned. The Green Team and Cool Cities programs have been quite active in our county. These programs have brought many correctible inefficiencies to the attention of those officials who can bring about changes.
F14:
Continue to support and recognize the efforts of County management through its Green Team initiatives to conserve energy and reduce carbon emissions. Response: Concur. The Board is very supportive of all the Department and Green Team efforts to reduce carbon emissions from county activities.
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Hallazgos & Recomendaciones
5 hallazgos
F1:
This District would agree with the Grand Jury’s recommendation that if it were to consider this method of financing, the District would have to become much more familiar with the complexities of cash out refunding , other types of follow-up bond transactions, pertinent Government Code and relevant IRS information pertaining to tax exemption.
Recomendaciones relacionadas (1)
R1:
Districts should better acquaint themselves with the complexities of: a) cash out refunding transactions; b) other types of follow-on bond transactions; c) sections 53550- 53569 of the California Government Code; d) relevant sections of the Internal Revenue Code pertaining to tax-exemption, e.g.- Section 103 SSFUSD Response: Agrees with recommendation Recommendation had been implemented at the time of the cash out refunding transaction. At the time of the adoption of the bond issuance resolution in December 2005, the SSFUSD Board and administration reviewed the issues related to cash-out refundings. Moving forward, representatives from SSFUSD will attend a FCMAT-sponsored workshop hosted by the San Mateo County Office on October 30, 2008, on Debt Management. Lori Ranieri with Governmental Financial Strategies, is an expert in this field and will cover many of the topics noted in the Grand Jury report. 1
F2:
If this District were to consider refinancing our bond, we would want this process to be a transparent as possible. Any process would have to be approved by the Trustees at a public meeting so the process would be a public process with appropriate notice. This District has limited knowledge about the process associated with cash out refunding. As such, it is unclear what procedural steps would be appropriate.
Recomendaciones relacionadas (1)
R2:
Consider taking procedural steps that are usually taken for an original bond issuance, if the district knowingly engages in a cash out refunding. This process would include public notice and approval by the voters. SSFUSD Response: Agrees with recommendation The recommendation for public notice had been implemented at the time of the cash out refunding transaction. The governing board discussed and approved the refinancing at a regularly held and properly noticed public board meeting. The recommendation to seek voter approval requires further analysis. The District will confer with bond counsel before any future cash-out refinancing as the District is not aware of a mechanism under current law to obtain voter approval for a refinancing.
F3:
This District totally agrees that if there is any question about the legality of a refunding transaction that it would rely heavily on the opinion of Bond Counsel and any other appropriate source to help determine the appropriateness of the action.
Recomendaciones relacionadas (1)
R3:
If a district is in doubt about the propriety of a proposed refunding transaction, it should consult with its bond counsel and the Treasurer’s office before engaging in the transaction. SSFUSD Response: Agrees with recommendation Recommendation had been implemented at the time of the cash out refunding transaction. Prior to its cash out refunding of January 2006, the South San Francisco Unified School District consulted the renowned San Francisco law firm, Orrick, which, in turn, had numerous conversations/ correspondences with the County Treasurer’s office on the District’s behalf at the time. In the future, the District will consult with bond counsel and the Treasurer’s office if it is in doubt about the propriety of a proposed refunding transaction in the future.
F4:
This District agrees that any financing or refinancing of bonds should be a public process providing the public with pertinent information. Sincerely, Marilyn Loushin-Miller Superintendent, Hillsborough City School District PORTOLA VALLEY SCHOOL DISTRICT 4575 Alpine Road • Portola Valley, CA 94028 Phone: (650) 851-1777 • Fax: (650) 851-3700 • www.pvsd.net PVSD Anne E. Campbell, Superintendent Board of Trustees Tim Hanretty, Asst. Superintendent Donald Collat Steven Humphreys Judith Ann Mendelsohn Ray Villareal William Youstra August 18, 2008 Hon. Joseph C. Scott Judge of the Superior Court Hall of Justice 400 County Center; 2nd Floor Redwood City, CA 94063-1655 Dear Judge Scott, The Portola Valley School District Governing Board has received the Grand Jury’s
Recomendaciones relacionadas (1)
R4:
Inform the constituency in the district of the proposed refunding, if the district is contemplating a cash out refunding. The information to the public should, at a minimum, disclose: a) the amount to be originally borrowed; b) the amount that will be used to refund the original bond issue; c) the premium amount that the district will keep; d) the new amount that the taxpayers will be obligated to pay; e) possible effect on property owner assessments necessary to pay the bond; and, f) status of Attorney General decision regarding legality of refunding bonds. SSFUSD Response: Agrees with recommendation Recommendation had been implemented at the time of the cash out refunding transaction. The District informed its constituency of the impact of the cash-out refunding at its December 5, 2005 Board meeting and will inform its constituency of any future cash-out refunding 2 July 22, 2208 Hon. Joseph C. Scott Judge of the Superior Court Hall of Justice 400 County Center, 2nd Floor Redwood City, CA 94063-1655 Dear Judge Scott The Hillsborough City School District Board of Trustees has asked me to respond to the Grand Jury’s report regarding Cash Out Refunding. This school district has not done any cash out refunding of its bond. The district does not anticipate the need to do any cash out refunding at this time. It appears that there is no finding about this district and it is not possible to agree or to disagree with findings made about other districts. 1. This District would agree with the Grand Jury’s recommendation that if it were to consider this method of financing, the District would have to become much more familiar with the complexities of cash out refunding , other types of follow-up bond transactions, pertinent Government Code and relevant IRS information pertaining to tax exemption. 2. If this District were to consider refinancing our bond, we would want this process to be a transparent as possible. Any process would have to be approved by the Trustees at a public meeting so the process would be a public process with appropriate notice. This District has limited knowledge about the process associated with cash out refunding. As such, it is unclear what procedural steps would be appropriate. 3. This District totally agrees that if there is any question about the legality of a refunding transaction that it would rely heavily on the opinion of Bond Counsel and any other appropriate source to help determine the appropriateness of the action. 4. This District agrees that any financing or refinancing of bonds should be a public process providing the public with pertinent information. Sincerely, Marilyn Loushin-Miller Superintendent, Hillsborough City School District PORTOLA VALLEY SCHOOL DISTRICT 4575 Alpine Road • Portola Valley, CA 94028 Phone: (650) 851-1777 • Fax: (650) 851-3700 • www.pvsd.net PVSD Anne E. Campbell, Superintendent Board of Trustees Tim Hanretty, Asst. Superintendent Donald Collat Steven Humphreys Judith Ann Mendelsohn Ray Villareal William Youstra August 18, 2008 Hon. Joseph C. Scott Judge of the Superior Court Hall of Justice 400 County Center; 2nd Floor Redwood City, CA 94063-1655 Dear Judge Scott, The Portola Valley School District Governing Board has received the Grand Jury’s recommendations regarding cash-out refunding and has reviewed them with interest. The Portola Valley School District has not engaged in any such cash-out endeavor and is not one of the districts noted in the Grand Jury Report. However, at some point in the future should the Portola Valley School District consider engaging in a cash-out refunding transaction, it would carefully consider the recommendations of the Grand Jury before moving forward. The Portola Valley School District Governing Board thoroughly agrees that it has an obligation to keep its constituency well-informed regarding the details of any proposed cash-out refunding. Thank you for the opportunity to respond regarding this important issue. Very truly yours, Ray Villareal Board President RV:ac Ormondale School Corte Madera School 200 Shawnee Pass 4575 Alpine Road Portola Valley, CA 94028 Portola Valley, CA 94028
F1995:
In all cases, the refunding was applied to bonds that were originally authorized by the voters to fund construction, renovation and/or repair of school facilities. Table 1 summarizes the seven cash out refundings in the County during the past decade. Column A is the amount authorized by the voters. The original bonds can usually be repurchased (paid off) for an amount (Column B) that is less than the original principal, because the bonds are usually issued in many series, some of which have matured by the time of refunding. Columns C and D show the gross amount received from sale and the cost of issuing the refunding bonds. Column E shows the amount deposited to the school district’s building fund. The County Treasurer is required to deposit any net gain from refunding into the fund for which the original bonds were approved. Column F shows the additional obligation placed upon the taxpayers by the refunding; i.e., the difference between what is still owed on the original principal at the time of refunding and the gross proceeds of the refunding. The final column (G) shows the fraction of the added obligation that went to the building fund; i.e., the net gain to the district. In the worst cases, the enablers of refunding (underwriters, bond counsels, bond insurers) took almost half of the additional obligation. Table 1: Cash Out Refundings – 2005-20072 Dollars in Thousands ($ 000) Original Bond Refunding Bond A: B: C: D: E: F: G: Original Re- Gross Issue To Bldg. Added Usable School District Principal purchase Proceeds Costs fund obligation fraction Belmont-Redwood Shores 12,000 11,620 12,294 283 391 674 58% Jefferson Union High 5,500 5,163 5,584 200 220 421 52% Las Lomitas Elementary 24,000 22,012 24,619 355 2,253 2,607 86% Ravenswood City 16,000 14,520 15,561 469 572 1,041 55% San Mateo-Foster City 79,000 76,752 83,445 937 5,755 6,693 86% So. San Francisco Unified 40,000 39,062 42,617 563 2,992 3,555 84% Woodside Elementary 9,500 9,517 10,089 220 352 572 61% Total 186,000 178,645 194,208 3,028 12,536 15,563 81% Notes to Columns in Table 1: B: Bonds are issued in many series, some with very short maturities that have matured by the time of refunding. D: Issue Costs include fees charged by the underwriter, bond counsel, bond insurer, etc. E: Net gain to school district, i. e., the additional amount available for construction and renovation. E = C – B – D F: The additional taxpayer obligation incurred by refunding. F = (D + E) = (C – B) G: The percentage of the added tax obligation that is deposited to the district’s building fund. G =100*E / F 2 Source: See Appendix 2. The first data row in Table 1 shows the key components of the refunding transaction undertaken by the Belmont-Redwood Shores School District. The original bond issue (Series A, 1997) was approved by the voters for $12 million. By 2005, the time of refunding, the outstanding principal (payoff amount) owed on the original bonds was $11.62 million. The new refunding bonds were sold for $12.294 million. The total cost of issuing the refunding bonds (including bond insurance, underwriting and other fees) was $283,000. The proceeds of the refunding bonds were used to pay off the original bonds and the issuance costs, leaving a net gain of $391,000 to be deposited into the District’s building fund (12,294,000 – 11,620,000 – 283,000 = 391,000). In 2005 at the time of refunding, if the original bonds were allowed to mature as scheduled, the taxpayers’ remaining obligation would have been $11.62 million (the outstanding principal). Instead, the refunding bonds established a new principal amount of $12.294 million, thereby increasing the taxpayers’ obligation by $674,000. Only 58% of the additional obligation was available to the District (100 X 391,000 / 674,000).3 The Grand Jury found that Sections 53550 – 53569 of the California Government Code was used as authority for school districts to enter into these transactions. (See Appendix 1) While cash out refunding has generated income for underwriters and additional revenue for school districts, the legality of this type of transaction is in question. The California Attorney General’s office was asked to provide an opinion on whether or not the Government Code allows cash out refunding, but has yet to do so. One County school district was given a Preliminary Adverse Determination by the Internal Revenue Service (IRS) pursuant to Section 103 of the Internal Revenue Code, stating that “the interest on the Bonds is not excludable from gross income.” Essentially, this is a preliminary ruling that the interest on a particular type of refunding bond is not tax-exempt. (See Appendix 1) Unlike the original bond issues, cash out refunding transactions have not been approved through a public process. Taxpayers may have been unaware of the transactions, even though their tax obligation increased. Some school districts that engaged in cash out refunding seemed unaware of its true nature and its potential consequences, although these same school districts understood that such refunding would increase funds available for their projects. Other school districts appear to have knowingly engaged in cash out refunding transactions while understanding their questionable legality, if not their potential consequences. Conclusions Cash out refunding has generally escaped public notice, probably because it can be done without voter approval or raising tax rates. Such refunding obligates taxpayers to pay off larger debts than stated in the original bond measures. The principle of full disclosure suggests that taxpayers should be informed of such increases in their obligations. Cash 3 Amounts have been rounded. 4 out refundings are, effectively, new bond issues that do not go before the voters like any original bond issues. Furthermore, the legality under California law of cash out refunding is doubtful, according to County officials and other financial experts, and the tax-exempt status of some types of refunding bonds is being questioned by the IRS. Pursuant to Section 103 of the Internal Revenue Code, interest on some types of cash out refunding bonds might be considered gross income and, thus, taxable. One County school district has received a Notice of Preliminary Adverse Determination based on Section 103, which means that the tax- exempt status of its refunding bonds may be in jeopardy. The Grand Jury hopes this report will make county agencies aware of the potential consequences of engaging in cash out refunding transactions, and will encourage them to be more cautious in the future. The Grand Jury does not intend to suggest in this report that agencies that are able to issue general obligation bonds should not do so when needed.
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Hallazgos & Recomendaciones
4 hallazgos
F1:
No other design or performance specification or qualified products list is available; 4
F2:
Time does not permit the preparation of another form of purchase description, not including a brand name specification;
F3:
The nature of the product or the nature of the City’s requirements makes use of a brand name or equal specification suitable for the procurement; or
F4:
Use of a brand name or equal specification is in the City’s best interest. B. Designation of Several Brand Names.
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Hallazgos & Recomendaciones
2 hallazgos
F1:
Amend the County’s contract with Community Overcoming Relationship Abuse to establish enforceable performance standards. Response: Concur. The County has met with the Executive Director of Community Overcoming Relationship Abuse (CORA) and is developing a specific, enforceable performance measure regarding the response to cell phone pages by law enforcement that will be included in the contract with CORA. While the County’s contract with CORA has enforceable performance standards regarding different aspects of the program, including response to 100% of the victims referred by law enforcement, it does not contain a performance measure specific to the cell phone pager response within 15 minutes. The County’s target date is that any contracts beginning July 1, 2009 will contain meaningful and measurable performance measures. CORA will conduct a quarterly survey of law enforcement to assess the responsiveness of the Emergency Response Program. The County will work with CORA and local law enforcement to create the survey. A report on the survey results will be forwarded to the County will occur within 6 months. In addition to the survey, CORA will continue to meet with law enforcement on a quarterly basis to address any issues and continue to build their relationship.
Recomendaciones relacionadas (1)
R1:
The Grand Jury recommends that the San Mateo County Board of Supervisors:
Amend the County’s contract with Community Overcoming Relationship Abuse to establish enforceable performance standards.
F2:
Request that all law enforcement agencies in the county provide quarterly assessments of Community Overcoming Relationship Abuse’s response that can be used to determine if Community Overcoming Relationship Abuse is meeting its contractual obligations. Response: Concur. The Board of Supervisors will send letters to all law enforcement agencies in the county encouraging a cooperative effort with the Human Services Agency and CORA in identifying useful standards of performance measurement and data collection that will yield comparable statistics by which to evaluate CORA’s contractual performance.
Recomendaciones relacionadas (1)
R2:
The Grand Jury recommends that the San Mateo County Board of Supervisors:
Request that all law enforcement agencies in the county provide quarterly assessments of Community Overcoming Relationship Abuse’s response that can be used to determine if Community Overcoming Relationship Abuse is meeting its contractual obligations.
Recomendaciones adicionales
3
No vinculadas a hallazgos específicos.
R3:
The Grand Jury recommends that the San Mateo County Board of Supervisors:
Of those calls, how many times was CORA called or paged from the scene?
R4:
The Grand Jury recommends that the San Mateo County Board of Supervisors:
How many times was the page or call answered by a CORA counselor prior to the officer leaving the scene?
R5:
The Grand Jury recommends that the San Mateo County Board of Supervisors:
Has CORA provided your agency with feedback about mandated referrals made by your line officers? Compilation of Responses 1 2 3 4 5 Operate DV calls Of these, CORA Have CORA’s City under responded number of times answered received reported guidelines? to CORA paged while officer feedback calls from on scene from these CORA cities Atherton Y 4 3 2 Y 3 Belmont Y 29 15* 2 Y 49 Broadmoor Y N/A N/A N/A N 11 Brisbane Y 5 5 5 N 4 Burlingame Y 39 25 2 (8%) N 43 Colma Y 14 4 N/A N/A 6 Daly City Y 378 or 553 N/A Unknown N 536 E. Palo Alto No response Foster City No response Half Moon Bay Y 59 2 [23 faxed] 2 N 24 Hillsborough Y 8 8 8 +-50% 7 Menlo Park Y 105 273.5 50% N 20 Millbrae N 19 8 2 Y 15 Pacifica Y 127 Y 179 Redwood City Y 247 199 N/A N 199 San Bruno Y 297 0 N/A Y 246 San Carlos Y 33 N/A or 90% 90% est Y 35 San Mateo Y 259 N/A N/A Y 246 S. San Francisco Y 597 All (est) N/A Y 300 Sheriff (County) Y 223 200 50% N 63 N/A – Not Available * Reports did not specify if calls were placed from the scene or after leaving the victim’s residence. COUNTY OF SAN MATEO Inter-Departmental Correspondence County Manager’s Office DATE: September 25, 2008 BOARD MEETING DATE: October 7, 2008 SPECIAL NOTICE: None VOTE REQUIRED: None TO: Honorable Board of Supervisors FROM: John L. Maltbie, County Manager SUBJECT: 2007-08 Grand Jury Response RECOMMENDATION Approve this report containing the County’s responses to the following 2007-08 Grand Jury report: Victims of Domestic Violence and Responding Law Enforcement Officers Need Better Support Reports. VISION ALIGNMENT: Commitment: Responsive, effective and collaborative government. Goal 20: Government decisions are based on careful consideration of future impact, rather than temporary relief or immediate gain. This activity contributes to the goal by ensuring that all Grand Jury findings and recommendations are thoroughly reviewed by the appropriate County departments and that, when appropriate, process improvements are made to improve the quality and efficiency of services provided to the public and other agencies.
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Hallazgos & Recomendaciones
10 hallazgos
F1:
The board acknowledges the historical data demonstrating that the most successful strategy for minimizing risk, while capturing market returns, is a prudently diversified portfolio.
F2:
Therefore, the Retirement Fund should be invested across the spectrum of institutional grade Asset Classes.
F3:
The board acknowledges that the Asset Allocation targets reflect a long- term view of the market.
F4:
The board acknowledges that professional management of the Retirement Fund is expected to add value to the portfolio, by capitalizing on inefficiencies in the markets.
F5:
The board takes responsibility for allocating across asset classes and across styles within asset classes, but does not substitute its judgment for the professional judgment of those managers it retains.
F6:
The board believes that interest, dividends and capital appreciation must be pursued and captured, if the Actuarial Funding Objectives of the Retirement Fund are to be achieved.
F7:
The board is not a market-timer (shifting asset class allocations dramatically over short time spans), because it realizes this strategy is seldom successful and has the potential for dramatic losses and opportunity costs.
F8:
The board views Short-term Cash Equivalents as insignificant contributors to Real Returns in the long run.
F9:
The board is responsible for keeping the lines of communication open and the Investment Plan on target. Many pension funds share SamCERA’s emphasis on diversification and institutional grade asset classes. In addition to the usual statements of goals and philosophy, SamCERA’s Policy includes guidelines and limits in terms of asset allocation and bond ratings. SamCERA specifies further guidelines in the Investment Management Agreement with each fund manager, and it monitors the performance of each fund frequently. In light of the fact that CDOs/CMOs twice removed from subprime mortgages have still received investment grade ratings, SamCERA’s rating requirements may not be sufficiently restrictive. The current rating requirements may depend too much on the prudence and acumen of the rating agencies. Procedures One of SamCERA’s more important procedures is the preparation of a Monthly Portfolio Performance Report (Report) by the Investment & Finance Manager. This Report compares (a) the actual performance of the total Fund with its policy benchmark and the actuarial discount rate, and (b) the actual performance of the twelve component funds that comprise the total Fund with their asset-class benchmarks. The Report also compares returns reported by fund managers with the corresponding returns as calculated by the custodial bank holding the funds; if a significant variance is found, it must be reconciled. With data quality assured, the Report continues to explain the performance of the various funds in terms of their asset holdings vis-à-vis their markets. The Report is as much a review of the efficacy of the fund manager’s decisions as it is a review of financial performance. (See Appendix B for excerpts from the latest Performance Report.) SamCERA consciously avoids micromanagement of its fund managers, but scrutinizes asset selection and performance versus established benchmarks. SamCERA is not hesitant to terminate fund managers for poor performance relative to SamCERA’s established benchmarks. Its standard Investment Management Agreement allows SamCERA to terminate the Agreement on 30 day notice. (See Appendix C for the definition of underperformance.) Terminations of fund managers for underperformance occurred in 1999 and 2004. New managers are chosen via a process that emphasizes objective criteria. Given the level of discretion SamCERA allows its fund managers, the vigilance demonstrated by SamCERA’s procedures is appropriate and necessary. Portfolio Holdings In keeping with its policy of diversification across asset classes and geography, SamCERA’s portfolio is divided among four aggregates11 defined by security type and location (domestic/international). The domestic fixed income aggregate comprises approximately 27 percent of the total portfolio, divided roughly equally among three fund managers, who have anticipated subprime problems and mitigated risk by holding only highly-rated CDO/CMO tranches (AAA and AA). SamCERA’s subprime exposure is less than one percent of its $2.2 billion portfolio. Alternate Sources of Information As noted above, warnings of the potential subprime disaster were raised as early as 2002, by state officials and academics, but these warnings were generally ignored by the mainstream media and federal regulators. Warnings of subprime problems, excessive liquidity and overuse of leverage, were still not in the public eye by 2005, but were being discussed seriously on several Internet “blogs” (web logs). Of course all blogs are not equal, but the best ones are published by respected academics and professionals. Many such blogs are updated daily with analyses of the latest news and data. Blogs also 11 Plus real estate and cash. See Appendix B. 7 incorporate forums (comments sections) where anyone can discuss the current issues. The best blogs attract highly qualified commentators to their forums. Conclusions SamCERA’s Investment Policy implicitly assumes that all the actors in the process which creates an investment grade bond have been prudent and realistic. That assumption was made at a time when lenders took fiduciary responsibility seriously and rating agencies could readily and realistically assess the credit risk of a straightforward bond. Since then, the credit environment has changed for the worse. SamCERA’s Investment Policy relies on diversification across institutional grade asset classes for management of the risk/return tradeoff. Traditionally, investment grade bonds are a mainstay of the fixed income asset class. Subprime-backed securities, e.g. CMOs, can have the appearance of investment grade bonds so that policy guidelines, like SamCERA’s, that include minimum average ratings and absolute minimum ratings, do not necessarily prevent purchases of securities backed by subprime mortgages. Nevertheless, SamCERA’s exposure to subprime mortgages is less than one percent of its portfolio. The Grand Jury concludes that SamCERA’s investment policies and procedures meet the challenges of a traditional investment environment. However, in light of the current subprime market debacle, SamCERA’s management is challenged to be even more forward-looking and to seek guidance from a wider variety of sources. In these days of globalization and rapid financial “innovation,” reliance on traditional sources of regulation and information may be risky. SamCERA’s already good management could be even better if it were more forward-looking. While the monthly performance reviews are thorough and timely, they look at only the recent past. They cannot see the future. Blogs like those mentioned above could prove to be valuable sources of information augmenting more traditional sources. (See Appendix D for a list of sources.)
Recomendaciones relacionadas (2)
R1:
“Broaden their sources of information regarding financial developments and trends, and be prepared to discuss and question the latest financial “innovations” and risk management philosophies with their investment consultant and fund managers.” Board of Retirement Response to Recommendation 1 The recommendation has not yet been implemented, but will be implemented over the course of the next few months as the board and Investment Committee review and discuss appropriate additional sources of information.
R2:
“Review their Investment Policy annually, and revise it when there are significant changes in the investment and credit environment.” Board of Retirement Response to Recommendation 2 The recommendation has been implemented. The SamCERA board’s procedure is to review all policies of the board on an annual basis. The Investment Policy will be revised when there are significant changes in the investment and credit environment. Again, the Board of Retirement appreciates the efforts of the Grand Jury and its committee on SamCERA investments. Sincerely, David Bailey Chief Executive Officer
F1994:
The section dealing with investment philosophy follows: 1. The board acknowledges the historical data demonstrating that the most successful strategy for minimizing risk, while capturing market returns, is a prudently diversified portfolio.
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Hallazgos & Recomendaciones
8 hallazgos
F1:
Students from designated attendance areas (feeder schools).
Recomendaciones relacionadas (2)
R1:
Establish a policy and guidelines it can follow, addressing such issues as: a. Should there be an open-enrollment policy in the SUHSD? b. Should the schools in the District have capacity limits? c. If yes, what are the limits? d. How should the limits be implemented?
R01-02:
114 26 +88 54 54 +0 29 163 -134 94 48 +46
F2:
Students from open enrollment district wide.
Recomendaciones relacionadas (2)
R2:
Consider various options if it chooses to maintain capacity limits, with or without open enrollment, including: a. Changing school boundaries or feeder-school assignments. b. Increasing capacity at the school site.
R02-03:
138 59 +79 84 74 +10 79 169 -90 89 88 +1
F3:
Siblings of open enrollment students who are automatically entitled to attend. The Grand Jury also found that Menlo-Atherton, Sequoia, and Woodside high schools are not yet at full capacity and that Sequoia is especially under-enrolled. Menlo-Atherton and Sequoia high schools, as well as Carlmont, were designated by the California Department of Education as Distinguished Schools for 2007. Conclusion The Board of Trustees did fail to observe the policy of limiting open enrollment to Carlmont’s stated capacity as recommended by staff pursuant to Board Policy 5116.1(a). The Board Policy should be clarified by the Board of Trustees so that the public, including parents, students, teachers, press and taxpayers, can set reasonable expectations and will understand future actions of the Board. 2
Recomendaciones relacionadas (2)
R3:
Direct the District’s Superintendent, with the help of the principals to: a. Improve its projected enrollment data for all the high schools in the district. b. Create more community awareness of the district’s open enrollment policy, especially to the middle schools that feed into SUHSD. c. Help increase enrollment at Sequoia High School, which is the most under-enrolled school in the district, by better marketing its high quality programs, e.g. the International Baccalaureate Program. 3
R03-04:
154 47 +107 68 78 -10 87 202 -115 102 8 +18
F4:
Transfer requests to take an academic course not offered at the home school wil be given strong consideration. Regulation SEQUOIA UNION HIGH SCHOOL DISTRICT approved: December 10, 1997 Redwood City, California revised: June27,2007 BP 5117 Students INTERDISTRICT ATTENDANCE Following the principle that the financial and educational responsibilty for a student's education rests primarily with the school distrct of legal residence, it is the policy of the Board of Trustees that students should attend school in the district of legal residence. (cf 5116.1 - Intradistrict Open Enrollment) (cf 5117.1 - Interdistrict Attendance Agreements) (cf 5145.6- Parental Notifcations) The Board discourages transfers into the District and will consider approving such transfers only on a case-by-case basis through an interdistrct attendance agreement. Students residing outside the District who are discovered to be attending district schools without an authorized interdistrict attendance agreement will be disenrolled barring extenuating circumstances. Interdistrict agreemerits for special education students are subject to procedures outlined in the San Mateo County Special Education Local Plan (SELPA), Regulation Section IV, F-l ard F-2 (Exhibit Y). Legal Reference: EDUCATION CODE 46600-46611 Interdistrict attendance agreements for school attendance 48204 Residency requirements 48209-48209.16 Student attendance alternatives 48915 Expulsion; particular circumstances 48915.1 Expelled individuals: enrollment in another district 48918 Rules governing expulsion procedures term 48980 Notice at beginning of persons including nonresidents to attendance area; workers' compensationfor pupils 52317 Admission of Policy SEQUOIA UNION HIGH SCHOOL DISTRICT Redwood City, Californa adopted: December. 10, 1997 revised: April 2, 2003 revised: August 24,2005 AR5117.1(a) Students INTERDISTRICT ATTENDANCE AGREEMENTS The Superintendent or designee may approve interdistrict agreements for the following reasons after considering the effect of such decisions on the District's resources and total enrollment.
Recomendaciones relacionadas (1)
R04-05:
167 41 +126 76 82 -6 106 237 -131 122 111 +11
F5:
Applicants who receive approval must confirm their enrollment by May 1.
Recomendaciones relacionadas (1)
R05-06:
166 35 +131 72 69 +3 66 216 -150 108 92 +16
F6:
Admission to a paricular school shall not be infuenced by a student's academic or athletic performance except insofar as academic standards are required for admission to specialized schools or programs.such as programs for gifted and talented students. Such standards shall be uniformly applied to all students. (Education Code 35160.5) be eligible for open enrollment if there is an instrctional 7. Special education students wil program to meet the student's needs as prescribed in their IEP and space is available in the requested schooL.
Recomendaciones relacionadas (1)
R06-07:
182 73 +109 109 74 +35 82 249 -167 124 101 +23 Average Difference for the Last Three Years Between Open Enrollment Transfers In and Open Enrollment Transfers Out at Each" School Site Sequoia I Woodside Carlmont MA +122 +11 -149 +17 Ave. Dif. Site Enrollments.. 1998 to Present WOODSIDE SEQUOIA Year CARLMONT MENLO-ATHERTON Total St. of Color Total St. Of Color Total st. of Color Total st. of Color '. 1883 1115 (65.60/0) 1699 1111 (57.2%) 1941 1549 1153 (61.2%) 1998-99 891 (57.50/0) 1081 (57.4%) 1883 1999-00 767 (52.6%)) 1457 1199 (62.4%) 1922 1093 (64.8%) 1687 1980 1639 1234 (61.3%) 2013 1027 (67.1%) 1531 1092 (55.20/0) 2000-01 774 (47.2%) 1086 (56.7%) 1917 2001-02 791 (45.40/0) 1743 1183 (60.2%) 1965 1054 (70.9%) 1487 1127 (58.2%) 1935 2002-03 820 (43.2%) 1900 1207 (58.8%) 2052 1115 (72.7%) 1534 1923 2003-04 820 (42.30/0) 1938 1200 (57.3%) 2096 1110 (71.7%) 1549 1122 (58.30/0) 2004-05 867 (42.9%) 2022 1100 (54.4%) 2023 1200 (72.4%) 1657 1143 (59.50/0) 1921 1854 2005-06 864 (41.4%) 2089 1120 (56.70/0) 1975 1135 (71.40/0) 1589 1093 (59.0%)) 1903 2006-07 940 (43.50/0) 2159 1055 (55.2%) 1911 1121 (72.2%) 1552 1131 (59.40/0) Students of Color = The combined African American, American Indian, Asian Filpino, Latino, and Pacific Islander populations. School Site Projections for 2008-09 SQ WD CA MA 472 584 470 528 9th 564 519 425 544 10th 522 422 349 445 11th 549 439 314 430 12th 2107 1964 1558 1947 Total -W/O OE +/- AVE. OE +122 +11 -149 +17 Trans in and out TOTAL With Average # of Open Enrollment 2229 1975 1409 1964 Transfers School Site Projections for 2009-1 0 SQ WD CA MA 478 529 500 568 9th 465 539 464 556 10th " 400 499 553 496 11th 387 495 369 311 12th 1654 1954 2012 1989 Total -W/O OE +/.AVE OE -149 +17 Trans in and out +122 +11 TOTAL With Average # of Open Enrollment Transfers 2134 2000 1505 1971 ~ol.( 1,5b i¡,Sb (i ~fýJ School Site Projections for 201 0-11 SQ WD CA MA 467 524 459 563 9th 473 540 491 541 '. 10th 437 489 456 530 11th 433 356 433 525 12th 2067 1733 1986 1931 Total - W/O OE +/- AVE OE -149 +17 Trans in and out +122 +11 TOTAL With Average # of Open Enrollment Transfers 2053 2078 1584 2003 ~~ ~o37 . ;/J_ir¡ ~~~-(J.. I i')s: . ~iOO r A - C JO r n io e : :D s :C : U 0 0 ; ' 0 e io o ; - 0 D0C ; / : i C o : ~ 0 l- * i .- ' 0 æ :: .: 0 D 3 .: C : i 3 0 o ; " U .i 0 o. ' : i i c o i æ 0 0 : n D: e C : : ) - æ0 0 0 ; ( : ) 0 .i ( o. : - n 0 a 0 e .0 i . o ne .DC- -0 .- ne DC m .. ~ \l . : . : " Øi \I .( J w C \ .W I . O..C Ø \JCI ( 0 0 .. 0 \ W I ) i Ø . w \OlC o .. ~ 0 ~w . \ . . l . Ø0 \l ( .. 0JC \ 0 l Ø \I ( i. ) \ Ø I JC \I 0 Ø( )\Øl JC 3 \l .. \l \I \I J . C . i W . ) J Ø C \OlC O 0JC C Ø 0JC ( i J w C . ) J Ø C ) i \Ø . l DC :: i , \I . . . . \I i. Ø..( W i \ . l w ).Ø. .JC. \0I0 )iØ. .. \I JC w )Ø OC iO.C ne -- :: \I .. \l i. \l i. O JC C w JC w \l ) O Ø C \ \l l Ø ) ) Ø Ø ( ) \ w Ø l iJC. 0 i .. . o n iu . i \ . I . . . . . . . \ i \ I . l . .. . . i . . . . Ø 0w ( . . \ . . l .JC. i . \I . . \l i , o -C '0 Ø ) \ Ø I ( \ . . I . . \ 0 \ I l . . . . Ø \JCI ( Ø 0W ( .w. \JCI . 0 \ JC . l OC .. \ D l C .. . w \ . I O ~ . C . i \ \ I I . ) \ Ø l ) J J Ø C C Ø W w ( \ \ O I lC i OC . ) C i \ Ø l . a a .. \l 00 Ø W \I ( O 0 C J .\ C I. Ø JC ( w \1Ul ) Ø 0Ø ( ) i \ Ø . l w JC i .JC. . )0 " i \I . 0 .. \ \I l )Ø i. .O.C \ .. l i. \ \I l i. .. 10U 0 00 i 0JC Ø ne ( OC OC i. )Ø w 1U J J C C Ø w OC ( 2
F7:
When a program (other than special education) not offered in the district of residency is offered in the Sequoia Union High School District and is critical to the well being of the student because of special circumstances. parner districts 8. To accommodate students of district employees and employees of living outside the SUHSDboundares. Interdistrict attendance agreements or applications shall not be required for students enrollng in an ROC or ROP program. (Education Code 52317) The Board of Trustees reserves the right to revoke any interdistrict attendance permit at any time should the reason for granting the permit cease to exist. Nonresident students who pose significant discipline or truancy problems may have their permits revoked immediately. Students AR 5117.1(b) INTERDISTRICT ATTENDANCE AGREEMENTS (continued) Transportation the Superintendent or designee, transportation normally provided With the approval of for students living in the District may be provided for students attending on an interdistrct attendance agreement when space is available. Denial of Interdistrict Transfer Agreement The parent/guardiaI of a student who is denied a transfer requested pursuant to Education Code 46600-46611 shall receive timely notice, in accordance with law, regarding the process for appeal to the County Board of Education. This notice shall be provided by . the district denying the request, or, in the absence of an agreement between the districts, by the district of residence. Students who are under consideration for expulsion or who have been expelled may not appeal interdistrict attendance denials or decisions while expulsion proceedings are pending, or during the term of the expulsion. (Education Code 46601) (cf. 5119 - Students Expelled from Other Districts) Regulation HIGH SCHOOL DISTRICT SEQUOIA UNION approved: December 10, 1997 Redwood City, Californa revised: April 2,2003 revised: August 24, 2005 3 APPENDIX . SEQUOIA UNION HIGH SCHOOL DISTRICT SCHOOl PLAT ENROI.I.MENT CAPACITY CAI.CULATICNS Year Bsiei an room Avalabl ror (hi 20117.20ii School ClImont MA ...........Ji'!H~l.......... Woacllie ...... 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Dr Ed.~ "-'~'15"" ............. .--.......... ............. .Y. ........VY ............. ............. ..-......... ............. ....Ê:'Ì's.,. .v........... .w.......... ............. ............. ............. ............. ............ ............. WOIEi to Stu.A"-- . ::::~:::: ::::::::~:::: ::::::::::::: ::::::::::::: :~::::::::::: ::::::::::::: ::::::::::::: :::::::::::: ::::::::::::: Pholi~ Slsup :::~:::: ::::::::::::: ::::::::::::. ::::::::::::: ::::::::::::: ::::::::~:::: ::::::::::::: :::::~:::::: :::~::::::::: E-18 . N.. of nM .::::':~~:::: ::::)~::=: :::::L::~: ::::::c:::: '::::i::::: :::::~:::::: ::::::~:::::: ::::J::::: :::::!:::::~ TOIId CI~:::::: ::::::::::::: :::::n::::: .. ::~. . .:::. .:.'. ..,.... ..... Sequoia Union High School District BOARD OF TRUSTEES Don Gibson 480 JAMES AVENUE, REDWOOD CITY, CALIFORNIA 94062-1098 Gordon Lewin Olivia G. Martinez Administrative Offices (650) 369-1412 Lorraine Rumley Sally D. Stewart March 6, 2008 Patrick R. Gemma Superintendent Honorable Joseph C. Scott Judge of the Superior Court Hall of Justice 400 County Center, 2nd Floor Redwood City, CA 94063-1655 Dear Judge Scott: The Board of Trustees of the Sequoia Union High School District met on March 5, 2008, to approve the following responses to the 2007-08 Grand Jury recommendations issued on December 19, 2007.
F8:
Students who wish to return to the school in the student's original attendance area must apply for the transfer throügh open enrollment or adjustment transfer process. Any complaints regarding the selection process should be taken to the Superintendent or designee. (cf 1312 - Complaints Concerning the Schools) AR 5116.1(b) INTRAISTRICT OPEN ENROLLMENT AND ADJUSTMENT TRANSFERS (continued) Notifications Notifications shall be sent to parents/guardians of ninth, tenth and eleventh grade students at the beginng of each school year and of all eighth grade parer elementary district students by January 15 describing all CUlTent statutory attendance options and local attendance options available in the District, including: (Education Code 48980) 1. All options for meeting residency requirements for school attendance (cf 511 1.1 - District Residency) Students with Caregiver) (cf 5111.11 - Residency of (cf 5111.12 - Residency Based on Parent/Guardian Employment) (cf 5111.13 - Residency for Homeless Students) 2. Program options offered within local attendance areas 3. A description of any special program options available on both an interdistrict and intradistrct basis (cf 5117 - Interdistrict Attendance) 4. A description of the procedure for application for alternative attendance areas or programs and the appeals process available, if any, when a change of attendance is denied 5. A district application: form for requesting a change of attendance 6. The explanation of attendance options under California law as provided by the California Department of Education (cf 5145.6 - Parental Notifcations) ADJUSTMENT TRANSFERS Requests for intradistrct attendance permts outside of the open enrollment policy shall be handled as follows: An intradistrict transfer may be requested for adjustment or sibling reasons. The request for transfer will be approved or disapproved by the Director of Public Information and receiving schools. . both the sending and Communications, upon receipt of recommendations by the principals of AR 5116.l(c) INTRADISTRICT OPEN ENROLLMENT AND ADJUSTMENT TRASFERS (continued) Transfer requests for reasons related to a student's special needs wil be addressed by the IEP or Section 504 teams' processes. Adjustment Transfer Criteria and Conditions Although the recommendation to approve or disapprove the adjustment transfer request wil have to be a matter of professional judgment, factors usually considered include serious emotional disturbance, serious health condition, unavoidable and highly punitive harassment, previous serious behavioral problems, behavior detrimental to the welfare of other students, or other confict for which a change of school environment appears to be necessary for a satisfactory education. Recommendations from the probation deparents, welfare, family practice wil be considered. All adjustment transfers service agencies and therapists in private are conditionaL. Students who violate transfer conditions will be retued to the home school at the semester. Students may be returned immediately for severe behavior infactions. the end of Students with siblings at the desired schools who missed open enrollment, may apply for an adjustment transfer. Boundary Exceptions The current Sequoia Union High School District boundaries were designated in 1986. Exceptions to established boundaries are as follows: no boundaries. Although the students in 1. The Fair Oaks/Friendly Acres area is an area of this area are automatically assigned to Menlo-Atherton, they wil be granted adjustment transfers to other Sequoia district schools upon request.
Recomendaciones adicionales
1
No vinculadas a hallazgos específicos.
R00-01:
108 46 +62 98 57 +41 39 155 -116 83 70 +13
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Hallazgos & Recomendaciones
8 hallazgos
F1:
Is your agency aware of the requirements of GASB 45 in regard to 70 97 reporting the cost of other post-employment benefits?
Recomendaciones relacionadas (1)
R1:
Understand the requirements of GASB 45, especially with regard to the difference between current expenditures and long-term liabilities for other post employment benefits (OPEB). SSFUSD Response: Agrees with recommendation Recommendation has been implemented. The District’s Board of Trustees adopted a GASB 45 Compliance Plan at its May 8, 2008 meeting after a public study session. Comprehensive study materials were provided that offered an analysis of GASB 45 issues including results of the district’s actuarial analysis, e.g.- calculated ARC, UAAL, AAL; pay-as-you-go costs versus long term liabilities; funding options; and, timelines for implementation.
F2:
Does your agency have either funded or unfunded OPEB 53 74 liabilities?
Recomendaciones relacionadas (1)
R2:
Comply with GASB 45 and disclose their OPEB liabilities in accordance with the implementation deadlines. SSFUSD Response: Agrees with recommendation The recommendation will be implemented by reporting OPEB liability on 2008-09 financial statements, as required by GASB 45 for a district with our annual revenues. 1
F3:
If your answer to #2 is Yes, does your agency's current financial 15 21 statement disclose funded and unfunded OPEB liabilities for your employees as required by GASB 45 standards?
Recomendaciones relacionadas (1)
R3:
Maintain long-term solvency while meeting OPEB obligations by: a) carefully reviewing the assumptions and results of actuarial OPEB liability estimates; and, b) adjusting OPEB compensation policies as needed. SSFUSD Response: Agrees with recommendation Recommendation has been implemented. As part of the District’s GASB 45 Compliance Plan, actuarial assumptions will be reviewed as part of the required commission of a bi-annual actuarial study. In addition, the District will re-evaluate the affects of OPEB on compensation levels and on accrued liability in response to the completion of every actuarial study. The GASB 45 Compliance Plan will be adjusted accordingly to maintain long term fiscal sustainability and well being. July 30, 2008 Hon. Joseph C. Scott Judge of the Superior Court Hall of Justice 400 County Center, 2nd Floor Redwood City, CA 94063-1655 Re: Grand Jury Findings on Reporting Requirements for Non-Pension Post-Employment Benefits Dear Judge Scott: The City of Brisbane agrees with all three findings of the Grand Jury. 1. As a San Mateo County government agency with OPEB Obligation, the City of Brisbane understands the requirements of GASB45 and the reporting of long-term liabilities (Annual required contribution less contributions made equals Net OPEB obligation). 2. The City of Brisbane is required to implement GASB45 for fiscal year 2008-09. We are planning for that implementation date and have engaged an actuary to determine our OPEB obligation. At this time, our council has directed us to continue with pay as you go rather than full funding. We will prepare the note disclosures for the Comprehensive Annual Report for the Fiscal Year Ending June 30, 2009. 3. As one cost saving move, the City of Brisbane has just changed the retirement policy for future hires. As such, we plan to have the actuary update our report for the fiscal year 2009/10. Under direction from council, we will review and adjust our assumptions accordingly. Sincerely, Stuart Schillinger Administrative Services Director PORTOLA VALLEY SCHOOL DISTRICT 4575 Alpine Road • Portola Valley, CA 94028 Phone: (650) 851-1777 • Fax: (650) 851-3700 • www.pvsd.net PVSD Anne E. Campbell, Superintendent Board of Trustees Tim Hanretty, Asst. Superintendent Donald Collat Steven Humphreys Judith Ann Mendelsohn Ray Villareal William Youstra August 18, 2008 Hon. Joseph C. Scott Judge of the Superior Court Hall of Justice 400 County Center; 2nd Floor Redwood City, CA 94063-1655 Dear Judge Scott, The Portola Valley School District Governing Board has received the Grand Jury’s recommendations regarding reporting requirements for non-pension post-employment benefits. The Governing Board agrees with the findings of the Grand Jury and responds as follows: 1. The Business Office of the Portola Valley School District fully understands the requirements of GASB 45, especially with regard to the difference between current expenditures and long-term liabilities for other post employment benefits (OPEB). The PVSD budget contains a line item for these liabilities. 2. The Portola Valley School District is in compliance with GASB 45 and has disclosed its liabilities in accordance with the implementation deadlines. Furthermore, the District has reviewed this matter with its independent financial auditor, and the annual audit has substantiated that this action has been taken. 3. The Portola Valley School District Governing Board takes very seriously its fiduciary responsibility to assure the long-term solvency of the school district and carefully monitors OPEB obligations. Thank you for the opportunity to respond regarding this important issue. Very truly yours, Ray Villareal, Board President Ormondale School Corte Madera School 200 Shawnee Pass 4575 Alpine Road Portola Valley, CA 94028 Portola Valley, CA 94028 CITY COUNCIL 2008 PEDRO GONZALEZ, MAYOR KARYL MATSUMOTO, MAYOR PRO TEM MARK N. ADDIEGO, COUNCILMEMBER RICHARD A. GARBARINO, COUNCILMEMBER KEVIN MULLIN, COUNCILMEMBER BARRY M. NAGEL, CITY MANAGER August 22, 2008 Honorable Joseph C. Scott Judge of the Superior Court Hall of Justice 400 County Center, 2nd Floor Redwood City, CA 94063-1655 RE: Awareness of San Mateo County Government Agencies of Reporting Requirements for Non-Pension Post-Employment Benefits Report Dear Judge Scott: The City Council and staff for the City of South San Francisco received the Grand Jury’s report on Reporting Requirements for Non-Pension Post- Employment Benefits and agree with the recommendations contained in the report. The City is aware of the reporting requirements of GASB Statement 45 and has acquired an actuary to perform the necessary study. The City will report on other post-employment benefits (OPEB) in its financial statements by June 30, 2009. The City recognizes the long-term liabilities associated with retiree healthcare and has begun to earmark funds for its OPEB liabilities, study investment vehicles/trust accounts, and examine the viability of current benefit levels. The City of South San Francisco appreciates the work by the San Mateo County Civil Grand Jury. Feel free to contact Jim Steele, the City’s Finance Director, if you have any questions. Sincerely, Pedro Gonzalez, Mayor City of South San Francisco cc: Barry M. Nagel, City Manager Jim Steele, Director of Finance August 7, 2008 Hon. Joseph C. Scott Judge of the Superior Court Hall of Justice 400 County Center, 2nd Floor Redwood City, CA 94063-1655 Dear Judge Scott: The Hillsborough City School District Board of Trustees has asked me to respond to the Grand Jury’s report regarding Reporting Requirements for Non-Pension Post-Employment Benefits Report.
F4:
Has your agency retained an actuary to determine the amount, if 37 51 any, of your OPEB liabilities?
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R4:
Has your agency retained an actuary to determine the amount, if any, of your OPEB liabilities? Yes______ No_______
F5:
Have you received an actuarial study of your OPEB liabilities? 26 36
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R5:
Have you received an actuarial study of your OPEB liabilities? Yes______ No_______ If Yes, please provide a copy within 30 days of receipt of this questionnaire. 9
F6:
If your agency has not retained an actuary, do you have an 7 10 informal estimate of its unfunded OPEB liability?
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R6:
If your agency has not retained an actuary, do you have an informal estimate of its unfunded OPEB liability? Yes______ No_______ If Yes, what is that informal estimate? _________________
F7:
Has your agency set aside or earmarked any funds for your OPEB 23 32 liabilities? 7b. If Yes, is it in a trust? 2 3 Total 72 100 Responses to the Yes/No questions indicated that: • Seventy of seventy-two agencies were aware of the requirements of GASB 45.3 • While 70 agencies acknowledged awareness of GASB 45, only 53 agencies indicated they had OPEB liabilities; i.e., had an obligation to pay benefits for both current and former employees. • Even though 53 agencies indicated they had OPEB liabilities, only 15 indicated that they were already reporting those liabilities.4 Most were not yet reporting OPEB liabilities because their disclosure dates are from 2008 to 2010. • More than half of the agencies had retained an actuary to help determine the agency’s OPEB obligations. • About a third of the agencies had set aside or earmarked funds for their OPEB liabilities. Only two of these agencies had deposited said funds in a separate trust account. Two agencies indicated they were unaware of GASB 45 requirements, but one has no employees and the other believes it has no obligations. It appears that 13 of these agencies, all school districts, have been reporting their ongoing current year’s OPEB expenditures rather than their liabilities. Agencies were also asked to provide some quantitative information regarding their OPEB expenditures and obligations. The detail data is in Appendix 2. Table 3 shows a summary: Table 3: Summary Statistics 5 latoT elbigilE seeyolpmE seeriteR & tnerruC elbigilE seeyolpmE tnerruC elbigilE seeriteR tnerruC BEPO erutidnepxE tnuomA yltnerruC edisA teS detamitsE BEPO ytilibaiL tnerruC erutidnepxE eeriteR rep edisA teS elbigilE rep eeyolpmE detamitsE rep BEPO elbigilE eeyolpmE Minimum 1 0 0 0 2,040 150,000 112 282 8,312 Maximum 1,600 1,000 716 8,158,533 30,115,703 58,218,000 23,182 19,800 123,708 Median 108 85 32 189,744 500,000 5,586,250 4,795 4,380 55,300 Mean 293 194 99 526,294 2,017,020 17,057,060 6,041 5,898 58,612 Standard 381 242 154 1,193,464 6,169,952 24,406,518 5,003 5,679 42,418 Deviation StdDev/Mean 130% 124% 156% 227% 306% 143% 83% 93% 72% The 72 agencies responding to this survey have a wide range of purposes and sizes; their diversity is evident in Table 3. The large differences between minima and maxima, means and medians, and the large standard deviations (relative to the means) all confirm the diversity (heterogeneity) of the agencies in the County. This diversity is evident not only in terms of purpose and size, but also in the nature of the benefits. The most generous agencies pay full medical coverage premiums for spouses/survivors as well as retirees, and some agencies grant different benefits to different employee categories. Table 4 (below) shows the number of agencies granting each benefit type to each category of employee. Here again, the diversity of the agencies prevents meaningful generalization. Not all agencies have boards, councils, police or fire staff. More agencies offer health benefits than dental benefits, and so on, moving from left to right. Table 4: Benefit and Employee Categories Question 10 Employee Mental Other- Category Health Dental Vision Health specify Board 12 9 6 1 Council 9 2 Management 45 20 13 1 1 Administration 43 18 12 2 1 Police 16 1 Fire 14 2 1 Public Works 17 1 Other-specify 31 18 13 1 1 Total 187 71 45 4 4 Table 5 (below) shows that vesting for life is not universal, but is more frequent for the employee categories of council, police, fire and public works. For example, 14 agencies grant health benefits to firefighters (Table 4), and those health benefits are vested for life (Table 5). The last row in Table 5 shows the percentage of lifetime vesting for each benefit type (the totals of Table 5 divided by the totals of Table 4). In other words, of the 187 instances of health care benefits granted, 124 (66%) of those instances were vested for life. Table 5: Vesting for Life Question 11 Employee Mental Category Health Dental Vision Health Board 5 2 2 Council 9 1 Management 27 4 2 1 Administration 28 6 4 1 Police 14 1 Fire 13 2 1 Public Works 14 1 Other-specify 14 4 4 1 Total 124 21 13 3 % Vested 66% 30% 29% 75% Conclusions Most agencies in the county are making good faith efforts to comply with GASB 45. The 72 agencies who responded to this survey had varying degrees of awareness of the requirements set forth in GASB 45, but none was totally unaware. Fifteen agencies indicated, some perhaps mistakenly, that they are already reporting OPEB liabilities. All of those that had not yet reported, but knew they were required to do so, had submitted deadline dates. However, four of those that have set 2008 deadlines had not yet retained actuaries, so it may be difficult for them to meet their deadlines. GASB 45 only requires disclosure of actuarially estimated liabilities; it does not require pre-funding of those liabilities, nor does it require analysis of the ability of an agency to fulfill its OPEB commitments. Even pre-funding of the actuarial accrued liability (AAL) does not ensure that an agency will be able to pay its future OPEB costs because:
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R7:
Has your agency set aside or earmarked any funds for your OPEB liabilities? Yes__________ No___________ If Yes, how much has been provided? $__________________ If Yes, is it in a trust? Yes____ No____
F45:
We are also very much aware of the effects of this reporting on our personnel compensation policies given the expected future costs of providing these post-retirement benefits. We are required to implement GASB 45 disclosure in our comprehensive annual report for the year ended June 30, 2009, and expect to have our independent actuary produce the final valuation before that time. Should you or the Grand Jury need additional information please let me know. I would be pleased to discuss this matter at your convenience. Very truly yours, Donald W. McVey Director of Finance and Administrative Services Cc: Patricia E. Martel, City Manager Maria Cortes, City Clerk 333 – 90TH STREET DALY CITY CALIFORNIA 94015-1895 Phone (650) 991-8048
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R45:
We are also very much aware of the effects of this reporting on our personnel compensation policies given the expected future costs of providing these post-retirement benefits. We are required to implement GASB 45 disclosure in our comprehensive annual report for the year ended June 30, 2009, and expect to have our independent actuary produce the final valuation before that time. Should you or the Grand Jury need additional information please let me know. I would be pleased to discuss this matter at your convenience. Very truly yours, Donald W. McVey Director of Finance and Administrative Services Cc: Patricia E. Martel, City Manager Maria Cortes, City Clerk 333 – 90TH STREET DALY CITY CALIFORNIA 94015-1895 Phone (650) 991-8048
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3
No vinculadas a hallazgos específicos.
R8:
What is the total number of current employees and retirees that will receive OPEB benefits under your current program? _______________ How many are current employees?__________ Retirees?_____________
R9:
What was your agency's total cost of premiums/contributions for OPEB in your most recent fiscal year? __________________ If your agency does have obligations to provide OPEB to retired employees, please indicate which OPEB benefits are available to each category of employee by checking the cells in the table below (check if the benefit is available). Health Dental Vision Mental Long Other-specify Health Term Care Board Council Management Administration Police Fire Public Works Other-specify 10
R10:
Are OPEB benefits vested for life? Please indicate which OPEB benefits are vested for life for each category of employee by checking the cells in the table below (check if the benefit is vested for life). Health Dental Vision Mental Long Other-specify Health Term Care Board Council Management Administration Police Fire Public Works Other-specify 11
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Hallazgos & Recomendaciones
3 hallazgos
F1:
Work with the Landfill operator during the upcoming contract renewal talks to consider alternatives to using green waster for daily cover such as tarpaulins to avoid filling the Landfill with recyclable green waste, to slow the filling of the Landfill and to end, or considerably reduce, the importation of trash from outside the county. Response: Agree in part. The current land use permit agreement between the County and the site owner/operator expires on December 31, 2009. The County will certainly discuss and encourage the use of non-green waste as alternative daily cover (ADC) with the landfill operator when the operator applies for new use permit. However, it should be noted that the use of ADC materials, such as green waste or tarpaulins, is regulated by the State through the Local Enforcement Agency (LEA). The LEA must approve any ADC use at Ox Mountain. The South Bayside Waste Management Authority (SBWMA) discussed using ADC options with the landfill operator a few years ago. The operator indicated that there is inadequate material on site for the daily cover and if green waste were not used, other suitable materials would need to be brought to the landfill site. The operator evaluated three ADC options, and none were viable. Foam was rejected due to the local climate. Tarpaulins were not viable due to the terrain and work hours at the site. Construction demolition debris (C&D) was also evaluated in a pilot project but it failed to satisfy the LEA, and it was not approved. After learning this information, the SBWMA decided to haul all the green waste and C&D materials to San Jose for “higher and best use” diversion of these materials.
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R1:
Work with the Landfill operator during upcoming contract renewal talks to consider alternatives to using green waste for daily cover such as tarpaulins to avoid filling the Landfill with recyclable green waste, to slow the filling of the Landfill, and to end, or considerably reduce, the importation of trash from outside the county.
F2:
Work with the City/County Association of Governments of San Mateo County to find alternatives other than expanding into Apanolio Canyon. Response: Concur. As noted in the findings, when Ox Mountain has a projected life of 15 years, the County will work with C/CAG on developing the transition plan by updating the Siting Element of the Countywide Integrated Waste Management. This work will include evaluating the benefits and impacts of all options.
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R2:
Work with City/County Association of Governments of San Mateo County to find alternatives other than expanding into Apanolio Canyon. The Grand Jury recommends that those cities (see Appendix) and authorities that have yet to achieve the State mandated 50% recycling goal:
F2015:
In 1998 this represented only 0.4% of the landfill, but now in 2008, it is 1% and by 2015, it will be 6% annually. The California Public Resource Code allows for transformation (incineration) of trash where feasible. A “trash train” exporting non-recyclable material to an out of county transformation site is an option. Conclusions The Landfill is projected to be full by 2028. There is no current plan for additional landfill siting(s). This county has not met its 50% recycling diversion rate mandated by 2000, nor is it on schedule to meet 50% any time soon, thereby placing recycling as a solution to landfill scarcity in question. Apanolio Canyon is worthy of preservation in its natural state as a valuable natural resource and habitat for endangered steelhead. Current and ongoing advances in technology have made incineration a potentially acceptable management tool for non-recyclable materials. San Mateo County Integrated Waste Management Plan, Siting Element; January 8, 1999; Table III-1 4 Importing trash from other counties is accelerating the rate at which the Landfill is filling. Transporting trash to the Coastside generates excessive CO2 and pollution, is not energy efficient and is an ever-increasing cost impact. A “trash train” exporting non-recyclable material to an out of county transformation site is an option worthy of further analysis.