Santa Clara County Grand Jury
2016-2017
Additional Recommendations
1
Not linked to specific findings.
R8c:
“The Santa Clara County Board of Supervisors should provide the Santa Clara County Finance Agency and human resources . . ." Correction: “The Santa Clara County Board of Supervisors should provide the Santa Clara County Finance Agency, the financial and human resources. . . ".
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Findings & Recommendations
1 findings
F1:
On May 16, 2017 the District Attorney provided the 2017 Civil Grand Jury with a draft copy of the Santa Clara County Protocol.
Related Recommendations (1)
R1:
The Santa Clara County District Attorney should provide the Civil Grand Jury with a copy of the Santa Clara County Protocol document once it is approved and released.
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Findings & Recommendations
3 findings
F1:
Finding a primary-care physician who will treat new Medi-Cal patients is a critical step in accessing care. There are problems with the accuracy and accessibility of provider directories.
Related Recommendations (6)
R1a:
The Santa Clara Family Health Plan should inform members that the printed directory should be used only with the assistance of a member services representative, who can verify the physician is accepting Medi-Cal patients.
R1b:
The Santa Clara Family Health Plan should redesign its online provider directory to highlight which doctors are taking new Medi-Cal patients.
R1c:
The Santa Clara Family Health Plan should provide members with an English-only, Spanish-only, Vietnamese-only, Chinese-only or Tagalog-only online directory rather than combining all the languages in one document.
R1d:
The Santa Clara Family Health Plan should verify that the physician will treat new Medi-Cal patients before issuing a benefits card with that physician’s name.
R1e:
The Santa Clara Family Health Plan should discuss the selection of a primary-care physician with the member who has not made his or her own choice before issuing a benefits card.
R1f:
The Santa Clara Family Health Plan should improve the find-a-doctor tool to allow members to search for multiple primary-care specialties at one time.
F2:
Santa Clara Family Health Plan contracted advice nurses report members’ access- to-care issues to the Health Plan’s clinical services department, which is supposed to inform member services. The chain of communication causes access problems to be missed or misunderstood.
Related Recommendations (1)
R2:
The Santa Clara Family Health Plan should direct advice nurses to inform member services directly about access-to-care complaints.
F3:
Mainly due to low reimbursement rates, complex paperwork, and payment delays only about half of primary-care physicians in the Bay Area are accepting new Medi- Cal patients.
Related Recommendations (1)
R3:
The Santa Clara Family Health Plan should advocate to the governor and the Legislature to raise Medi-Cal reimbursement rates, simplify paperwork, and reduce payment delays.
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Findings & Recommendations
6 findings
F1:
A significant number of Santa Clara County employees are not receiving periodic performance appraisals as specified in Santa Clara County Ordinance, Chapter VI, Article 8, and/or current agreements with recognized employee organizations.
Related Recommendations (1)
R1:
Santa Clara County should ensure that managers provide annual performance appraisals.
F2:
Many Santa Clara County managers are not evaluated on whether they provide periodic performance appraisals to their employees.
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R2:
Santa Clara County should evaluate its managers on the completion of annual performance appraisals for employees who report directly to them or for whom they have administrative responsibility.
F3:
The County provides training for managers. However, that training is not mandatory.
Related Recommendations (1)
R3:
Santa Clara County should require each manager to complete training on the performance appraisal process.
F4:
Executives are not measured on whether or not their employees are receiving annual performance appraisals.
Related Recommendations (1)
R4:
Santa Clara County should direct that the appraisal process for County executives be revised to include a measurement on completed annual performance appraisals for all employees within their organization(s).
F5:
Some union contracts with Santa Clara County limit the utility of performance appraisals. In some cases appraisals cannot be used for promotions, transfers and discipline.
Related Recommendations (1)
R5:
Santa Clara County should try to negotiate in all new union contracts a provision that performance appraisals may be utilized for promotions, transfers, and discipline.
F6:
The PeopleSoft system is supposed to be used to track the status of the delivery of some performance appraisals. However, its use varies from organization to organization within Santa Clara County. Some County organizations use other methods of tracking performance appraisals and others do not track them at all.
Related Recommendations (2)
R6a:
Santa Clara County should allocate or realign resources needed to track the status of appraisals for all Santa Clara County employees in PeopleSoft.
R6b:
Santa Clara County should define and implement a system that accurately tracks the delivery of performance appraisals for all Santa Clara County employees if PeopleSoft proves inadequate for this purpose.
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Findings & Recommendations
3 findings
F1:
There is a culture in the criminal justice administration system that tolerates delays in disposition of felony cases. This is costly to Santa Clara County in both financial and human terms.
Related Recommendations (3)
R1a:
The Santa Clara County District Attorney should: • Identify practices that contribute to delays in the resolution of criminal cases. • Educate staff about the financial and human impacts of delays on Santa Clara County. • Develop more efficient practices while maintaining the integrity of the role of the prosecution. • Hold staff accountable for adopting those practices.
R1b:
Santa Clara County should direct the Public Defender, the Alternate Defender and the Independent Defense Counsel Offices to: • Identify practices in their offices that contribute to delays in disposition of criminal cases. • Educate staff about the financial and human impacts of delays on Santa Clara County. • Develop more efficient practices without sacrificing their duty to their clients. • Hold staff accountable for adopting those practices.
R1c:
Santa Clara County Board of Supervisors should require the District Attorney, the Public Defender, the Alternate Defender, and the Independent Defense Counsel Offices to provide evidence of changes in practices that will lead to shorter disposition times for felony cases as a prerequisite to authorizing additional resources for these offices.
F2:
Santa Clara County’s criminal justice agencies use outdated, legacy computer systems, making it difficult to exchange information and expedite disposition of criminal cases. A plan for integrating computer systems and databases is expected to take at least three to five years to implement.
Related Recommendations (1)
R2:
Santa Clara County should expedite the updating and integration of criminal- justice agencies’ computer systems and databases.
F3:
Santa Clara County’s criminal justice agencies do not have the data- management resources needed to deal with a huge increase in the volume of discovery, such as audio and video recordings and social media postings.
Related Recommendations (1)
R3:
Santa Clara County should work with the District Attorney, Public Defender, Alternate Public Defender, and Independent Defense Counsel to evaluate the data-management needs of criminal-justice agencies in order to determine and prioritize training, hiring, and technology resources.
Findings & Recommendations
9 findings
F1:
It can be difficult for taxpayers to find information about exemptions to parcel tax assessments for which they may be eligible and about the required processes to apply for and renew exemptions. As detailed in Appendix A, there is a wide variation from school district to school district in the percentage of homeowners receiving parcel tax exemptions.
Related Recommendations (4)
R1:
Taxing agency name (i.e., school district name/special district name).
R1a:
The governing boards of the school districts listed below should include information about parcel tax exemptions and application procedures via public outreach to communicate with those who do not have access to or are uncomfortable using the Internet. Examples of outreach include newsletters from the school district to residents, newspaper articles or ads, and postings at libraries and senior centers. There should be at least one such communication annually timed near the sending of property tax bills. Berryessa Union School District Campbell Union High School District Campbell Union School District Cupertino Union School District Evergreen School District Franklin McKinley School District Fremont Union High School District Lakeside Joint School District Loma Prieta Joint Union School District Los Altos School District Los Gatos Union School District Los Gatos-Saratoga Joint Union High School District Milpitas Unified School District Moreland School District Mount Pleasant School District Mountain View-Whisman School District Oak Grove School District Palo Alto Unified School District Saratoga Union School District Santa Clara Unified School District Sunnyvale School District Union Elementary School District
R1b:
The governing boards of the school districts listed below should have a link on the home page of their websites to direct users to information about the parcel tax, available exemptions, and instructions and required forms to apply for an exemption. The link should include the words”parcel tax.” Campbell Union High School District Campbell Union School District Cupertino Union School District Loma Prieta Joint Union School District Los Gatos Union School District Los Gatos-Saratoga Joint Union High School District Milpitas Unified School District Moreland School District Mountain View-Whisman School District Oak Grove School District Palo Alto Unified School District Saratoga Union School District Union Elementary School District
R1c:
The governing boards of the school districts listed below should add the words “parcel tax” to the link on their websites home pages leading to exemption application procedures and forms. Berryessa Union School District Evergreen School District Los Altos School District Mount Pleasant School District
F2:
The school districts listed in the recommendation do not make it clear whether SSI and/or SSDI recipients are offered exemptions.
Related Recommendations (1)
R2:
The governing boards of the Santa Clara County school districts listed below should review and revise as necessary all forms required to apply for or renew parcel tax exemptions for clarity and accuracy. Berryessa Union School District Campbell Union High School District Campbell Union School District Cupertino Union School District Evergreen School District Franklin-McKinley School District Fremont Union High School District Lakeside Joint School District Loma Prieta Joint Union School District Los Altos School District Los Gatos Union School District Los Gatos-Saratoga Joint Union High School District Milpitas Unified School District Moreland School District Mount Pleasant School District Mountain View-Whisman School District Oak Grove School District Palo Alto Unified School District Santa Clara Unified School District Saratoga Union School District Sunnyvale School District Union Elementary School District
F3:
Requiring seniors and individuals with disabilities to apply in person makes it difficult for some to apply for parcel tax exemptions. While some individuals prefer to apply in person, others may find it difficult to do so.
Related Recommendations (3)
R3:
Telephone number/contact of the department at the taxing agency that manages parcel taxes.
R3a:
The governing boards of the Santa Clara County school districts listed below should change their policies and procedures to specify that parcel tax exemption applicants can apply by mail without making a special request. Evergreen School District Franklin-McKinley School District Los Altos School District Los Gatos Union School District Milpitas Unified School District Moreland School District Mount Pleasant School District Sunnyvale School District Union Elementary School District
R3b:
The governing boards of the Santa Clara County school districts listed below should develop an online process for the submittal of parcel tax exemption and renewal applications. Berryessa Union School District Campbell Union High School District Campbell Union School District Cupertino Union School District Evergreen School District Franklin-McKinley School District Fremont Union High School District Lakeside Joint School District Loma Prieta Joint Union School District Los Altos School District Los Gatos Union School District Los Gatos-Saratoga Joint Union High School District Milpitas Unified School District Moreland School District Mount Pleasant School District Mountain View-Whisman School District Oak Grove School District Palo Alto Unified School District Santa Clara Unified School District Saratoga Union School District Sunnyvale School District Union Elementary School District
F4:
Some school districts have exemption application forms available year round, while others make them available for only a short period of time prior to the application deadline.
Related Recommendations (1)
R4:
The governing boards of the Santa Clara County school districts listed below should make exemption application forms for parcel taxes prominently available on their websites and in their offices year round. Campbell Union School District Cupertino Union School District Evergreen School District Franklin-McKinley School District Fremont Union High School District Lakeside Joint School District Los Altos School District Los Gatos Union School District Milpitas Unified School District Moreland School District Mount Pleasant School District Mountain View-Whisman School District Oak Grove School District Santa Clara Unified School District Saratoga Union School District Union Elementary School District
F5:
Due dates for applications or renewals vary from school district to school district. See Appendix H.
Related Recommendations (1)
R5:
The governing boards of the Santa Clara County school districts listed below should agree on a standard date when applications for exemptions and renewals are due. Berryessa Union School District Campbell Union High School District Campbell Union School District Cupertino Union School District Evergreen School District Franklin-McKinley School District Fremont Union High School District Lakeside Joint School District Loma Prieta Joint Union School District Los Altos School District Los Gatos Union School District Los Gatos-Saratoga Joint Union High School District Milpitas Unified School District Moreland School District Mount Pleasant School District Mountain View-Whisman School District Oak Grove School District Palo Alto Unified School District Santa Clara Unified School District Saratoga Union School District Sunnyvale School District Union Elementary School District
F6:
Most school districts in Santa Clara County require annual renewal of parcel tax exemptions as a fiduciary responsibility to all taxpayers. Procedures for managing renewals vary, with most making it easier for exemption holders by sending annual renewal forms by mail to verify continued eligibility.
Related Recommendations (1)
R6:
The governing boards of the Santa Clara County school districts listed below that require renewal of parcel tax exemptions should initiate the renewal process by mailing an exemption renewal form and accepting renewal documentation by return mail. Berryessa Union School District Campbell Union School District Franklin-McKinley School District Fremont Union High School District Loma Prieta Joint Union School District Los Altos School District Los Gatos Union School District Mount Pleasant School District Mountain View-Whisman School District Oak Grove School District Santa Clara Unified School District Saratoga Union School District
F7:
Voters in the San Jose Unified School District passed a parcel tax of $72 on November 8, 2016. The tax takes effect on July 1, 2017; a senior exemption is available. Since the district did not have a parcel tax in place on October 31, 2016 when the Grand Jury concluded its data collection, it was not included in the calculations used throughout this report, nor in other Findings and Recommendations.
Related Recommendations (1)
R7:
In anticipation of the July 1, 2017 assessment of the $72 parcel tax with a senior exemption, the governing board of the San Jose Unified School District should implement the following Recommendations in this report: Recommendation 1a, Recommendation 1b, Recommendation 1c, Recommendation 3a, Recommendation 3b, Recommendation 4, Recommendation 5, Recommendation 6, and Recommendation 9b.
F8:
Currently the printed Santa Clara County property tax bill provides insufficient information pertaining to parcel taxes and no information about whom to contact at the taxing agencies with questions about the taxes or possible exemptions.
Related Recommendations (3)
R8a:
The Santa Clara County Board of Supervisors should direct the Santa Clara County Finance Agency to revise the printed property tax bill to include, at minimum: 1. Taxing agency name (i.e., school district name/special district name). 2. Name of the measure authorizing the parcel tax, using the words “parcel tax” in the name. 3. Telephone number/contact of the department at the taxing agency that manages parcel taxes. 4. Indication of whether or not an exemption is available for the parcel tax. 5. Narrative information similar to the homeowner’s exemption about exemptions from special assessments.
R8b:
The Santa Clara County Board of Supervisors should direct the Santa Clara County Finance Agency to develop a website similar to those available to Marin or Contra Costa County taxpayers that: 1. Summarizes all taxes on secured property. 2. Indicates which taxes offer exemptions to seniors and individuals with disabilities. 3. Includes contact information for the taxing agencies.
R8c:
The Santa Clara County Board of Supervisors should provide the Santa Clara County Finance Agency and human resources necessary to modify secured property tax bills to make the changes described in Recommendations 8a and 8b.
F9:
How people find out about parcel tax exemptions, application procedures and due dates varies widely among Santa Clara County school districts in both content and quality. The Santa Clara County Office of Education provides training at the request of school district administrators, but does not currently offer training about parcel taxes. The Santa Clara County Office of Education could offer a valuable community service by bringing together school district business officers to learn about the administration of parcel tax exemptions and to develop standard processes, procedures and due dates.
Related Recommendations (2)
R9a:
The Santa Clara County Board of Education should direct the County Superintendent of Schools to offer assistance to Santa Clara County school districts by providing training about parcel tax exemptions. The Santa Clara County Office of Education should help school districts standardize processes for informing taxpayers about parcel tax exemptions, administering application and renewal procedures, and setting due dates.
R9b:
The governing boards of the Santa Clara County school districts listed below should request assistance from the Santa Clara County Office of Education to standardize processes for informing taxpayers about parcel tax exemptions, administering application and renewal procedures, and setting due dates. Berryessa Union School District Campbell Union High School District Campbell Union School District Cupertino Union School District Evergreen School District Franklin-McKinley School District Fremont Union High School District Lakeside Joint School District Loma Prieta Joint Union School District Los Altos School District Los Gatos Union School District Los Gatos-Saratoga Joint Union High School District Milpitas Unified School District Moreland School District Mount Pleasant School District Mountain View-Whisman School District Oak Grove School District Palo Alto Unified School District Santa Clara Unified School District Saratoga Union School District Sunnyvale School District Union Elementary School District
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Findings & Recommendations
10 findings
F1:
The Local Agency Formation Commission staff developed criteria to evaluate the Morgan Hill 2016 Urban Service Area amendment, including the South County Catholic High School, that were not specified in the agency's adopted Urban Service Area Policies. These staff-written criteria include the definition of "vacant land," "premature conversion of agricultural lands," and "adequacy of urban services."
Related Recommendations (2)
R1a:
The Local Agency Formation Commission should amend its Urban Service Area Policies to define "vacant land," "premature conversion of agricultural lands," and "adequacy of urban services." The amendment process should provide the opportunity for all affected stakeholders to participate.
R1b:
The Local Agency Formation Commission should consider a project’s specific requirements, such as the size of the parcel needed and proximity to incompatible uses, in determining whether parcels in the Urban Service Area are “vacant land.”
F2:
The Local Agency Formation Commission staff interpreted the Commission’s Island Annexation Policies to be mandatory rather than advisory in the staff’s evaluation of the Morgan Hill 2016 Urban Service Area Amendment that includes the South County Catholic High School.
Related Recommendations (1)
R2:
The Local Agency Formation Commission should amend its Island Annexation Policies to clarify whether the annexation of all unincorporated urban islands is a prerequisite for Urban Service Area amendments. The amendment process should provide the opportunity for all affected stakeholders to participate.
F3:
The Local Agency Formation Commission staff deviated from the Commission’s Agricultural Mitigation Policies in the staff’s evaluation of the Morgan Hill 2016 Urban Service Area Amendment that includes the South County Catholic High School. The staff interpreted the policies to be mandatory rather than advisory and established its own criteria for a satisfactory agriculture mitigation program.
Related Recommendations (3)
R3a:
The Local Agency Formation Commission should amend its Agricultural Mitigation Policies to clarify whether the policies are advisory or mandatory. The amendment process should provide the opportunity for all affected stakeholders to participate.
R3b:
The Local Agency Formation Commission should amend its Agricultural Mitigation Policies to define a satisfactory agricultural mitigation program. The amendment process should provide the opportunity for all affected stakeholders to participate.
R3c:
The Local Agency Formation Commission should amend its Agricultural Mitigation Policies to describe the relationship of a city’s agricultural mitigation program to Santa Clara County’s agricultural mitigation programs. The amendment process should provide the opportunity for all affected stakeholders to participate.
F4:
The Morgan Hill Agricultural Preservation Program requires more funding for the purchase of agricultural easements than is generated from the mitigation fees collected through new development.
Related Recommendations (1)
R4:
The County of Santa Clara, the City of Morgan Hill, and the Local Agency Formation Commission should work together to develop a funding mechanism to cover the acquisition and on-going cost of agricultural easements in the Morgan Hill area.
F5:
Erroneous information provided through reports and comments by the Local Agency Formation Commission staff cast the Catholic Diocese of San Jose as untrustworthy. Although the erroneous information was corrected through media and other sources, the report to the commissioners was not changed, resulting in the appearance of bias.
Related Recommendations (1)
R5:
The Local Agency Formation Commission should investigate and take appropriate action to address the potential of bias by LAFCO staff.
F6:
Individuals are concerned about retribution by Local Agency Commission staff if they complain about the treatment they receive.
Related Recommendations (1)
R6:
The Local Agency Formation Commission should develop procedures to investigate complaints confidentially and ensure complainants do not face retaliation.
F7:
The relationship between the staff of the Local Agency Formation Commission and the staff of the City of Morgan Hill appears to be strained.
Related Recommendations (1)
R7:
The Local Agency Formation Commission and the City of Morgan Hill should take steps to improve the working relationships of the staff of the two agencies.
F8:
The same individual has held a seat on the Local Agency Formation Commission for 20 consecutive years.
Related Recommendations (1)
R8:
The Local Agency Formation Commission should establish by policy that a commissioner can serve in a specified position for a set number of years.
F9:
The Local Agency Formation Commission's goal of protecting agricultural land directly impacts only three cities – Gilroy, San Jose and Morgan Hill – which have all of the agricultural land in the urban areas of Santa Clara County. Currently only two LAFCO commissioners, the representative for San Jose and the County Supervisor for District 1, out of seven commission positions represent these cities.
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R9:
The Local Agency Formation Commission should ensure that cities with agricultural land are represented fairly on the commission.
F10:
The City of Morgan Hill's update of the 2016 General Plan, which dealt separately with the Southeast Quadrant, gave the appearance of special consideration for the property owners.
Related Recommendations (1)
R10:
The City of Morgan Hill should adopt a single, open, transparent process in future updates of its General Plan.