Santa Cruz County Grand Jury
2001-2002
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Findings & Recommendations
16 findings
F1:
A current comprehensive Policy & Procedures Manual for the City of Capitola was not available for review by the Grand Jury.
F2:
The current finance director started working for the city in1994 as a part-time controller.
F3:
The city council created the position of finance director, reporting to the city manager, and approved the employment agreement and job description of the current finance director on November 26, 1996 effective January 1, 1997 (Resolution No. 2854).
F4:
The organizational charts of the city included in the FY 1998, 1999 and 2000 financial statements show the finance director reporting directly to the city manager.
F5:
Based on interviews, the Grand Jury found the working relationship between city manager and finance director negatively impacted city operations, contrary to Municipal Code §2.08.220.
F6:
On January 27, 2000, the city council revised the job description of the finance director to include direction over the Capitola Redevelopment Agency.
F7:
In January and February 2000, the finance director filed grievances against the city manager. Ordinarily, the city manager would review and act upon the grievance as stated in the Management Employee’s Compensation Plan. However, since the grievances were against the city manager, the city council decided to review them.
F8:
The Capitola City Attorney authored a memo to the city council dated February 17, 2000 regarding potential conflicts with the city’s ordinances and the job description and employment agreement of the finance director. In particular Municipal Code §2.08.210 and 2.08.220 were cited. This concern was reiterated in the March 3, 2000 memo from the city attorney citing Municipal Code §2.04.060.
F9:
On March 23, 2000, the city council voted to approve an amendment to the November 26, 1996 employment agreement with the finance director. This amendment was executed on March 30, 2000 and removed the finance director from the direct supervision of the city manager. “Employee” in the quote below refers to the finance director. Item 1 states: “…The parties therefore agree that when, in Employee’s professional judgement it is necessary or desirable, Employee shall present such matters directly to the city council for consideration and copy the City Manager.” Item 3 states: “The City Council shall have sole and exclusive authority to impose discipline upon Employee for any alleged misconduct, misfeasance, malfeasance, incompetence or negligence in the performance of his duties, and/or take any other adverse action toward Employee. Employee shall not be terminated from employment or placed on administrative leave with or without pay, except by the City Council.” Investigation of the Reporting Structure between the Capitol City Council and City Manager 2000-01 Santa Cruz County Grand Jury Final Report
F10:
Immediately following this vote, a council member resigned citing the acrimony within the city government, as recorded in the minutes “…The extent of the acrimony at meetings of the Council, as well as the on going attacks by elected officials against individual council members and city staff are unprecedented in the 8 years she has served here. This behavior has already seriously impacted the services provided to residents and has eroded the morale of even the best of our employees. She went on to state she would not participate in the destruction of this city and neither should you. When previous councils have had differences, and faced difficult financial situations, the council and the staff pulled together to resolve them. In contrast, the renewed efforts of the city treasurer to embroil the city in controversy, and the support of the council majority to allow this to occur, are causing paralysis in a previously well-functioning city government. The damage that this course of actions causes is significant. While fingers point and voices shout, Capitola languishes. She regrets that it has become impossible for her to get the work of the Capitola community that she cherishes completed in this vicious atmosphere…”
F11:
In a letter dated March 30, 2000 to the mayor, the finance director withdrew his grievances citing that his new job description and supplemental employment agreement resolved most of the issues in his grievances.
F12:
On June 18, 2000, the Capitola City Manager submitted his resignation effective August 1, 2000.
F13:
On September 28, 2000, the city council rescinded the super-majority (four-fifths) vote requirement for removal of the city manager per Municipal Code §2.08.240.
F14:
On January 11, 2001, the City of Capitola and its finance director negotiated the Amended Supplemental Employment Agreement. This amendment superceded the March 23, 2000 amendment in its entirety. This action reinstated the direct supervisory relationship between the city manager and finance director. Item 2 states the current finance director will retire June 30, 2001. Item 6 states: “…The parties expect that the directive of the City Manager will be consistent with the position’s ‘Essential Duties and Responsibilities.’ If the Finance Director believes that a directive of the City Manager cannot be reconciled with the above-quoted duty, he may pursue that as a grievance under the grievance procedures in the Management Employees Compensation Plan.” Investigation of the Reporting Structure between the Capitol City Council and City Manager 2000-01 Santa Cruz County Grand Jury Final Report • Included as an exhibit to the January 11, 2000 agreement, the City of Capitola and the current finance director entered into a Contract for Professional Services commencing September 1, 2001 terminating on June 30, 2003. In this contract, the contractor would give advice, recommendations and drafts on several policies and procedures and perform other non-routine tasks. Under the agreement, the contractor is expressly prohibited from performing day-to-day routine tasks. Item 3, under the Duties heading states: “Contractor shall not be requested to, nor shall Contractor, perform any day-to-day, ongoing, routine accounting or fiscal duties, and Contractor shall not supervise, or be supervised by, any official, employee, or agent of the City.” • In response to a question, the finance director stated in the interview the list of contemplated projects attached to the Contract for Professional Services included some tasks that he characterized as ordinarily the responsibility of a finance director.
F15:
Despite the impending retirement of the finance director, at the close of fieldwork the City of Capitola had not begun its search for a new finance director. Under the Professional Services Agreement signed by the current finance director, the contractor is prohibited from assisting the city in its day-to-day operations after his retirement. This raises the question: Who will act as finance director after June 30, 2001? The Grand Jury was unable to determine the plans of the city regarding this matter.
F16:
In preparing this report, the Grand Jury found it necessary to interview the finance director alone. For six weeks, the Grand Jury attempted to arrange for such a routine interview. This was refused and he was therefore subpoenaed to appear before the Grand Jury. In preparing this report, the Grand Jury found it necessary to conduct a private interview with the finance director. For six weeks, the Grand Jury attempted to arrange for an interview, however, the finance director refused to appear alone. Based on review of the correspondence received from the City of Capitola on this matter, the finance director’s refusal to voluntarily cooperate was supported by the city attorney, mayor and new city manager. A subpoena was subsequently issued and the finance director did appear alone. Penal Code §939 has been interpreted by the courts as operating to prohibit the presence of anyone at a grand jury session other than grand jurors and witnesses actually under examination. The only exceptions are a bailiff, court reporter, or interpreter. Conclusions The city council spent an inordinate amount of time in 2000 discussing and restructuring the reporting relationship of the city manager and finance director that was ultimately returned to its previous state in conformity with Municipal Code. The city council allowed itself to be diverted from crucial city business by the antagonism between these two important city officials, which, in part, led to the resignation of a council member. Instead of using standard government practices to resolve a formal personnel grievance, the city council entered into a contract with one of the parties that contravened its own Municipal Code. A change in the reporting relationship between the city manager and finance director as a quid pro quo agreement for the withdrawal of the grievances presents serious public policy questions. Investigation of the Reporting Structure between the Capitol City Council and City Manager 2000-01 Santa Cruz County Grand Jury Final Report
Additional Recommendations
5
Not linked to specific findings.
R1:
The Capitola City Council should never enter into contracts that are inconsistent with its Municipal Code.
R2:
The city council should expedite its efforts to find a new finance director.
R3:
The city council should ensure its legal advisor is knowledgeable in grand jury law and case history.
R4:
The city council should direct all city employees to cooperate fully with any grand jury investigations including individual interviews.
R5:
The 2001-02 Grand Jury should conduct a comprehensive review of the City of Capitola including the anticipated Policies & Procedures Manual currently being prepared by the city. Response Required Entity Recommendations Respond Within Capitola City Council 1 – 4 90 Days Newspaper Sources: Gumz, Jondi, “Political power struggle swirls around embattled city manager,” Santa Cruz Sentinel, February 12, 2000. Gumz, Jondi, “City manager’s spending scrutinized in Capitola,” Santa Cruz Sentinel, March 11, 2000. Gumz, Jondi, “Unauthorized expenses in Capitola totaling thousands prompts policy change,” Santa Cruz Sentinel, March 22, 2000. Bryant, Mary, “City’s Finance Director Gets Pay Raise and More Time Off,” Mid County Post, August 15, 2000. Olson, Jay, “Former Mayors Threaten to File Grand Jury Complaint Against Capitola Council,” Mid County Post, October10-23, 2000. Investigation of the Reporting Structure between the Capitol City Council and City Manager 2000-01 Santa Cruz County Grand Jury Final Report Exhibit Selected Capitola Municipal Code 2.04.060 City personnel use. The various boards and commissions may utilize the services of the appropriate city departmental personnel in carrying out their respective functions subject to the administrative control of the city manager. 2.08.070 Powers and duties. The city manager shall be the administrative head of the government of the city 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 city which are under his control. In addition to this general powers and administrative head, and not as a limitation thereon, it shall be his duty and he shall have the power set forth in Sections 2.08.080 through 2.08.200. 2.08.100 Power of appointment and removal. It shall be the duty of the city manager to, and he shall, appoint, remove, promote and demote any and all officers and employees of the city except the city clerk, city attorney, and city treasurer, subject to all applicable personnel ordinances, rules and regulations. 2.08.110 Administrative reorganization of officers. It shall be the duty and responsibility of the city manager to conduct studies and effect such administrative reorganization of offices, positions or units under his direction as may be indicated in the interest of efficient, effective and economical conduct of the city’s business. 2.08.140 Financial reports. It shall be the duty of the city manager to keep the city council at all times fully advised as to the financial condition and needs of the city. 2.08.210 Internal relationships with council. The city council and its members shall deal with the administrative services of the city only through the city manager, except for the purpose of inquiry, and neither the city council nor any member thereof shall give orders to any subordinates of the city manager. The city manager shall take his orders and instructions from the city council only when sitting in a duly convened. 2.08.220 Departmental cooperation. It shall be the duty of all subordinate officers and the city clerk, city treasurer and city attorney to assist the city manager in administering the city efficiently, economically and harmoniously. 2.08.240 At-will employment. The city manager shall be an at-will employee, who may be removed from office, or his/her authority temporarily suspended, at the sole discretion of the city council, subject to any such restrictions as are specifically set forth in the city manager’s contract of employment. (Ordinance 818, September 2000) Text of 2.08.240 prior to its amendment: The removal of the city manager shall be effected only by four-fifths vote of the council in a regular council meeting, subject, however, in the provisions of Sections 2.08.250 through 2.08.280. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the council’s intention to remove him and the reason therefore, at least thirty days before the effective date of this removal. Investigation of the Reporting Structure between the Capitol City Council and City Manager County of Santa Cruz Special Districts
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Findings & Recommendations
13 findings
F1:
Political pressures from Board of Supervisors
F2:
Stressful situations for employees who have to tell people what they cannot do with their property Each part of this cycle interacts with another and produces an unstable workforce and a dysfunctional department. Santa Cruz County employee salaries are low relative to housing costs and living expenses in the county. A major contributor to this problem is the nine-county average that is used to determine Santa Cruz County employee salaries. Using the salaries of comparable staff positions in the four cities in the county would be more relevant than counties like Fresno, Napa, Solano or Sonoma. A weighted-average is a better method for calculating benchmark salaries than a simple average. The Planning Department has little control over salaries. Therefore, the problems that plague the Planning Department in regards to employees will continue indefinitely despite their good effort to retain and hire enough new people. Silicon Valley has become a major source of income for a number of Santa Cruz County residents. This has its good and bad points. Since a Silicon Valley employee earns substantially more than a Santa Cruz County employee, Silicon Valley income-earners have driven up the cost of housing in the county. The present salaries of new county employees make it difficult to find affordable housing. This negatively affects recruitment. Review of the Santa Cruz County Planning Department 2000-01 Santa Cruz County Grand Jury Final Report Training programs for employees are critical to the building of their work skills. The high vacancy rate, which has prevailed within the department, has contributed heavily to the lack of essential training. Political pressure is a way of life for any county’s planning department. Training personnel to deal with this inevitable reality will have the effect of lowering stress and improving morale. The Grand Jury commends the dedicated and loyal Planning Department employees who have persevered during these difficult times. Special thanks go to the employees who cooperated with this review. Development Review Section Conclusions The files selected were completed in a timely manner. They contained sufficient information to understand the decisions that were made in each case. Any deficiencies are not of major significance and can be readily resolved. Building Permit Section Conclusions The files selected were completed in a timely manner. They contained sufficient information to understand the decisions that were made in each case. Any deficiencies are not of major significance and can be readily resolved. Code Compliance Section Conclusions Code A complaints (highest priority involving immediate threat to public health and safety) were not given the high priority indicated by the department’s own policies. One year after the complaint filing date 60% were still unresolved. The failure to promptly resolve serious code violations (Code A) creates circumstances of undue risk of serious injury or death. Code compliance files that are incomplete result in inefficiency. Proper use of the current ALUS code compliance system will accomplish the goal of screening out the old files with a few minor changes. This result can be attained by
F3:
Adding a new status type
F4:
Considering the new status type the same as a closed complaint
F5:
Removing the closed files from all computer reports that show active complaints
F6:
Keeping the history in the computer
F7:
Changing all old complaints without health or safety problems to the new status type Relying on a new code compliance computer system as an excuse for not reducing the number of code compliance complaints is unacceptable. Code A-C verses 1-5 should not be an excuse for inaction. Although the department has defined its problems and designed initiatives to help correct the code compliance issues, the department is unable to get beyond the planning stage and implement the policies. Review of the Santa Cruz County Planning Department 2000-01 Santa Cruz County Grand Jury Final Report It would be very beneficial to have the code compliance status on the internet for the following reasons:
F8:
The department would receive fewer calls and visits, which will increase efficiency
F9:
The department would have a greater incentive to reduce outstanding code compliance complaints Systems and Policies Conclusions Inability to accept credit cards is a disservice to the public. This simple reform would do much to improve public relations and reduce the frustration of the employees. The cost savings of personnel time and the convenience to the citizens would justify the cost. Since almost anyone can enter information into the computer, there is a potential for personal gain, collusion or errors. The department or the Auditor-Controller’s Office should consider installing an internal audit system, randomly picking both closed and open files to review. The web sites for both the development approval process and the building permit process are an excellent source of information to the public. Obtaining a new computerized planning system, currently used by other planning departments in the state, has the potential to reduce personnel costs. Further benefits include:
F10:
Easy and flexible report writing module
F11:
Easy way to update internet screens using the data stored in the system
F12:
Consecutive numbering of the code compliance complaints in order of receipt
F13:
Prevent a file from advancing to the next stage without completion of previous steps
Additional Recommendations
17
Not linked to specific findings.
R1:
The Planning Department should accept credit cards.
R2:
The Planning Department should immediately resolve all complaints classified as a threat to public health and safety.
R3:
The Planning Director should ensure there is strong management in the Code Compliance Section.
R4:
Physical files should include copies of the recorded code violations (Red Tags) and be consistent with the status shown on the computer screen.
R5:
The Planning Department should utilize the existing ALUS code compliance system for tracking the status of code priority classifications until a future system is operational.
R6:
The Planning Department should complete the status of the outside agency’s review in the computer system.
R7:
The Planning Department should develop a system to cross-reference the multiple physical files that exist for a single development permit application.
R8:
The Auditor-Controller’s Office should implement an internal audit system on Planning Department files.
R9:
The Board of Supervisors should update the 1994 General Plan as soon as is feasible. Review of the Santa Cruz County Planning Department 2000-01 Santa Cruz County Grand Jury Final Report
R10:
The Board of Supervisors should conduct a formal study to determine the relationship of current salaries to employee retention.
R11:
The Board of Supervisors should consider changing the entities in the nine-county comparison used in salary surveys to include the four cities in the county.
R12:
Immediate priority must be given to training Planning Department personnel.
R13:
Planning Department managers should conduct employee reviews consistent with the stated personnel policy of the department.
R14:
The Planning Department should establish the Aptos/Watsonville Satellite Permit Center.
R15:
The Felton Satellite Permit Center should be available five days a week.
R16:
The General Plan and the code compliance complaint status should be available the internet.
R17:
The following should be added to the web site: • Development approval process • Description of the project • Cross reference to a related building permit • Building permit process • The alpha digit at the end of the permit number is confusing and should not be part of the record number • If a permit has been issued, the status on the web page should not show “READY TO ISSUE” • Withdrawn permits should be shown on the web page • Complete projects should show the date of completion on the web page • Cross reference the building permit to any related development approval Response Required Entity Recommendations Respond Within Board of Supervisors 1 – 17 90 Days Planning Director 1 – 7, 12 – 17 60 Days Review of the Santa Cruz County Planning Department
Findings & Recommendations
22 findings
F1:
School site councils are authorized under State Education Codes.
F2:
Education Code §52012 states, “A school site council shall be established at each school that participates in the school improvement program authorized by this chapter. The council shall be composed of the principal and representatives of: teachers selected by teachers at the school; other school personnel selected by other school personnel at the school; parents of pupils attending the school selected by such parents; and, in secondary school, pupils selected by pupils attending the school.” It also states the council shall be constituted to ensure parity between school personnel and parents/students.
F3:
Education Code §52012 states that the term and method of selection and replacement shall be specified in the school improvement plan. It also states that the Superintendent of Public Instruction shall provide examples of selection and replacement procedures that may be considered by school site councils.
F4:
Education Code §52011 states that the district governing board shall provide each principal with information regarding SIP and site councils and ensure that the information is provided to teachers, other school personnel, parents and in secondary schools, pupils.
F5:
Education Code §52034(c) states that the school district governing boards should adopt policies regarding the responsibilities of school site councils and establish communication procedures to ensure reasonable opportunities for each council or its representatives to meet with the governing body.
F6:
Specifications for site council membership are inconsistent within the statutes. For example, according to Education Code §52012 and §52852, SSC “shall be composed of parents of pupils attending the school selected by such parents.” Later these same codes define this segment of the site council members as “parents or other community members selected by parents.”
F7:
Education Code §52870 states, “It is the intent of the State Legislature that, to the extent possible, the members of the school site council represent the composition of the school's pupil population.”
F8:
As set forth in the Education Code, the School Improvement Plan and the School Based Coordinated Program receive numerous reviews resulting in approval or disapproval at the levels of site council, district governing body, and the State Board of Education. In addition, by statute, the principal is responsible for ongoing administration of the plan, and the district superintendent must, upon request, assist with the design and implementation of the plan.
F9:
The Education Code did not reveal any requirements for oversight of the school site council as a body. Review of the Organization and Structure of Site Councils in Santa Cruz County Public Schools 2000-01 Santa Cruz County Grand Jury Final Report
F10:
Process for nominating parents varied among schools responding. For example, responses from principals included: • “Membership seems to be for anyone who asks up until the number of parents is met.” • “We have a table at Open House in spring with educational materials and encourage people to nominate themselves.” • “Interested parents self-select to run for site council seats.”
F11:
The use of a nominating committee, a standard election practice, was not mentioned in any of the responses from site council chairpersons.
F12:
Twenty percent of the chairpersons’ responses stated they had received a personal invitation to serve on the site council.
F13:
Some principals stated that it was sometimes difficult to get enough parents to serve on site councils. Other principals enjoyed an ample number of volunteers for the required parent seats with additional volunteers to act as alternates.
F14:
Survey results indicated that the three most widely used methods in the election process were: • ballots returned by parents and students • hand vote at a meeting • ballots placed in a secure ballot box
F15:
Survey results indicated that 18 different methods were used to count ballots. The most common counting methods were: • by principal and secretary • by projects coordinator • by staff and site council • by a show of hands or a ballot vote at meeting
F16:
Of 63 respondents (35 Principals and 28 Chairpersons) only 21 reported using more than one method of encouraging individuals to join their school site council. Review of the Organization and Structure of Site Councils in Santa Cruz County Public Schools 2000-01 Santa Cruz County Grand Jury Final Report
F17:
Respondents were given the opportunity to indicate which method of communication was used. Six options included: • school newsletter • local newspaper • back to school night • school bulletin • student • other Some schools used more than one option. Methods were as follows: Communication Method Frequency School Newsletter 42 Back to School Night 25 School Bulletin 16
F18:
Communication methods not widely used were: • A marquee at the front of the school • A flyer • Word of mouth • A notice to parents hand-carried during child’s pick-up • A parent newsletter • A faculty newsletter • At PTA meetings
F19:
Use of a local newspaper to encourage SSC membership was not indicated on any surveys.
F20:
After the formation of the SSC, the chairperson’s communications with parents showed a wider variety of communication techniques. Communication Method Frequency School Newsletter 16 Meetings 4 School Bulletin 6
F21:
According to the School Site Council Handbook, “After the SSC is first formed or new members are selected to ongoing councils, the school/district should provide training and ongoing in-service to the members to assist them in carrying out their responsibilities. The training provided to the SSC should be on a regular basis, and the training should be appropriate to the tasks at hand.” Training is not being provided to all site councils in Santa Cruz County.
F22:
In the committee’s interview with the County Superintendent of Schools, it was stated “We are now looking at doing training for participants.” Review of the Organization and Structure of Site Councils in Santa Cruz County Public Schools
Additional Recommendations
5
Not linked to specific findings.
R1:
The BCR&PD should have a comprehensive, updated Policies and Procedures Manual.
R2:
Current job descriptions for all employment positions should be available in concise, organized formats and be approved by the board of directors.
R3:
The general manager should receive a performance evaluation on an annual basis.
R4:
Members of the board of directors should look beyond their differences and attend to the district business.
R5:
To fill the BCR&PD vacancy, the Board of Supervisors should immediately appoint a new director. Review of Boulder Creek Recreation and Park District 2000-01 Santa Cruz County Grand Jury Final Report Response Required Entity Recommendations Respond Within Board of Supervisors 5 90 Days Boulder Creek Recreation & Park District Board of Directors 1 – 4 90 Days Review of Boulder Creek Recreation and Park District County of Santa Cruz Schools and Libraries 2000-01 Santa Cruz County Grand Jury Final Report Review of the Organization and Structure of Site Councils in Santa Cruz County Public Schools
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Findings & Recommendations
18 findings
F1:
Federal and State laws pertain directly to educating homeless children. The California Education Code Section 48200 requires persons six to eighteen years of age to attend school. The Stewart B. McKinney Homeless Assistance Act (Public Law 100-77, subtitle VIIB, Education for Homeless Children and Youth, Section 721) sets forth the following policy: • Each state educational agency shall ensure that homeless children have access to the same free, appropriate public education provided to other children and youths. • States shall review and revise laws, practices, regulations, and policies such as compulsory residency requirements, which act as barriers to the enrollment, attendance, and success of homeless children and youths in schools. • Homelessness alone should not be a sufficient reason to separate students from the mainstream school environment. • Homeless children and youths should have access to education and other services that are needed to ensure they have an opportunity to meet the same challenging performance standards as other students.3
F2:
There is no distinction made in the county schools between students from residences and those who are homeless. All students are “mainstreamed” in schools in Santa Cruz County. They are not identified as “homeless” to their peer group. Review of Educational Services Available to Homeless Children in Santa Cruz County Schools 2000-01 Santa Cruz County Grand Jury Final Report
F3:
Two schools in the County serve homeless youth. One is privately funded and the other is a community school operated by the County Office of Education, serving primarily homeless youth.
F4:
Homeless children have access to public schools in Santa Cruz County.
F5:
Homeless children receive a free public education in Santa Cruz County.
F6:
Homeless children have the opportunity and are expected to meet the same performance standards as other students.
F7:
When possible, the County Office of Education makes an in-take assessment of homeless children. They get background information on the family and the children. They find out what school they are attending and make contact with the teachers. Using Maslow’s Hierarchy of Needs they determine which needs are being met and which are unfulfilled. This assessment is shared with the family while confidentiality is protected.4 Maslow's Hierarchy of Needs
F8:
Contact between the County Office of Education, Santa Cruz City School District and homeless children is made from direct referrals from various County agencies, counselors, teachers, and other school personnel. The liaison will go to where the homeless child is staying to make the initial contact. 4 9. “Bridge to Success” is the name of the County Office of Education Homeless Program. Its policy is not to identify, stigmatize, segregate or otherwise alienate these children. The County Office of Education wants the children to remain anonymous; therefore, confidentiality is protected. Every effort is made not to single out homeless children.4 Review of Educational Services Available to Homeless Children in Santa Cruz County Schools 2000-01 Santa Cruz County Grand Jury Final Report
F10:
The following services are offered to homeless children in Santa Cruz County4,5: • One-on-one tutoring: 16 UCSC students, recruited and trained by the County Office of Education, work as tutors. • In-class academic support: Tutors assist teachers as classroom aids up to three days a week at elementary schools. They assist the homeless children as well as other students in the class. • Outreach and coordination of services: They work with an extended network of child protective services, shelters, churches and other outreach agencies. There are over 150 agencies working with the homeless. • Case management: They keep rather extensive reports of the young people receiving direct services. They include outcomes, how they are doing in school, anecdotal notes, report cards and reports from tutors. • Outreach to homeless runaway youth: The County Office of Education coordinates a multi-disciplinary team to support youths living on the street. The team consists of a number of County agencies that provide services such as shelters, meals, substance abuse, counseling, and mental and medical care services. • Counseling services: They provide one-on-one, family, drug and alcohol and life skills counseling. • Transportation: The County Office of Education provides bus passes and linkages to other transportation services. • Parent support: The liaison person meets with parents initially and then in follow-up sessions. • Staff development and heightening awareness presentations: Seminars and workshops are presented to teachers, administrators and others outlining special needs of homeless children. • Skills training: Adolescent life skills coaching and peer support groups for homeless teens. • Supplies: The County Office of Education provides backpacks, shoes, school supplies and other materials necessary for success in school. • Enrollment assistance: Schools assist children with “Declarations of Residency” forms and permanent record retrieval. • Medical and dental referral: Children with health problems are referred by a school nurse for available medical services. • Job placement: Schools refer teenagers who are seeking work experience. • Transferring schools: Students transferring to different schools receive assistance.
F11:
Both the County Office of Education and the Santa Cruz City School District have solicited additional funds and materials from the community to augment the McKinney Grant.
F12:
The Santa Cruz County Office of Education was commended for running a “model” program by the National Coalition for Education for Homeless Children and Youth. They have also received commendation from the Federal Document of Promising Practices for Educating Homeless Youth. Review of Educational Services Available to Homeless Children in Santa Cruz County Schools 2000-01 Santa Cruz County Grand Jury Final Report
F13:
The greatest challenge is “finding the children,” was stated by Jo Ann Allen. If the parents do not enroll the children in school or if they are not referred by local homeless agencies, the children may never attend school. Children who need counseling often find it difficult to attend sessions. Further training is required for educators, administrators and staff to identify homeless children.
F14:
Funding for this homeless program has come in the form of a yearly grant from the Stewart B. McKinney Homeless Assistance Act. It is a federal program that provides “seed” money for lead agencies around the country to set up homeless education programs. As with other “seed” money grants, it is designed to get successful programs started that will eventually develop other sources of funding. Although the County Office of Education has received this grant for 12 years, it was uncertain the grant would continue. To ensure the flow of funds to Santa Cruz County, the County Office of Education recommended that the Santa Cruz City School District apply for the grant as the lead agency.
F15:
The McKinney Grant of $150,000 per year was awarded in late October to the Santa Cruz City School District for a period of three years. The Santa Cruz County Office of Education will continue to be involved in the program as a contractor. The expertise they have developed will still be available to all the public school districts in the County. The grant provides funds to employ an Educational Resource Coordinator.
F16:
The goal is to have all school districts in the County set up their own programs. The increasing numbers of homeless children have been a factor in this decentralization of leadership.
F17:
The Santa Cruz City School District is now the lead agency with the County Office of Education serving as a contractor. Santa Cruz City School District has hired a new program administrator who works closely with the homeless liaison from the County Office of Education.
F18:
The County Office of Education is still working with all schools districts in the county in improving enrollment procedures, providing bus passes, maintaining a donation account, conducting their yearly homeless children survey and providing tutors.
F19:
Other School Districts are encouraged to set up their homeless education program to meet special needs of their own students. Review of Educational Services Available to Homeless Children in Santa Cruz County Schools 2000-01 Santa Cruz County Grand Jury Final Report Conclusions The Santa Cruz County Office of Education has demonstrated leadership for developing a model Homeless K-12 Education Program in California. They have done an outstanding job of assisting homeless children in Santa Cruz County. The Grand Jury applauds Jo Anne Allen for her work in developing this model program. After 12 years in the program, Ms. Allen has become the leading authority and local and national spokesperson on educating homeless children. Her enthusiasm, knowledge, and leadership have played a paramount role in the success of this program. Community agencies helping homeless families in Santa Cruz County deserve credit for their financial and human services support for the County Office of Education and homeless children these last 12 years.
Additional Recommendations
12
Not linked to specific findings.
R1:
The educational community needs to communicate to the public the importance of site councils in the improvement of schools. A greater variety of communication methods should be used including “person-to-person,” press releases, local newspapers, radio stations, cable access and local television stations.
R2:
School site councils should use mass media communication techniques to publicize its nomination and election process.
R3:
The County Office of Education should provide, at school district’s request, press releases and distribution methods for publicizing school site councils. Review of the Organization and Structure of Site Councils in Santa Cruz County Public Schools 2000-01 Santa Cruz County Grand Jury Final Report
R4:
Special emphasis in the nomination process should be communicated to Hispanic and other minority parents in the school's community to ensure fair demographic representation of student population on site councils.
R5:
School site councils should create nominating committees charged with seeking out new members and ensuring all parents gain knowledge about the school site council functions.
R6:
School site councils by-laws should clearly define and implement the nomination and election process for membership on the site council including a formal vote counting process.
R7:
School site councils should consider expanding voting opportunity via mail, phone, fax or e-mail.
R8:
A centralized training and follow-up program should be provided on a regular basis.
R9:
School administrators should become fully acquainted with all sections of the Education Code pertaining to school site councils.
R10:
Parents and community residents should be made aware of the great value provided by school site councils.
R11:
Schools need to ensure parity among school personnel and parent/student representatives in the composition of its school site council membership.
R12:
Schools need to improve representation in the school site council to reflect the demographic characteristics of the school population.
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Findings & Recommendations
3 findings
F1:
Regulations attached to each categorical program are unreasonably confining. They create fragmentation of services that contradict accepted principles in the organization of effective medical practice. This fragmentation creates arbitrary hurdles for a family’s ability to follow treatment regimens and undermines continuity of care for all members of a family.
F2:
Eligibility requirements and processes for tax-supported health programs are confusing and complex. For providers, compliance diverts scarce resources from direct service. For beneficiaries, the complexity of enrollment is a major disincentive to seeking assistance.
F3:
The Grand Jury commends the accomplishments of the Central Coast Alliance for Health and its principles of practice for improved administration of Medi-Cal and Healthy Families Programs. Some of their successes are highlighted below: • Alliance membership in the Coalition for Health Care Outreach has contributed to the ongoing, community-wide effort to enroll those who are eligible for Medi-Cal and the Healthy Families Program. This strategy of decentralized outreach is especially important to the Spanish-speaking community whose families are not always aware of their eligibility for Medi-Cal or the Healthy Families Program. • Intensive and continuing efforts by community organizations to enroll eligible families in state and federally assisted health care programs channel scarce county funds into the medical care of those unable to qualify. Review of Health Care Services for Low-Income Families in Santa Cruz County
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Findings & Recommendations
19 findings
F1:
The Grand Jury found that the facilities and equipment at the fire stations were well maintained.
F2:
Most of the fire departments train together and respond to emergencies using mutual aid that employs the “closest to the incident” policy, which means the nearest firefighting resource will respond regardless of district boundaries. See Map.
F3:
Consistent with most fire departments around the nation, only about 10% of the emergency calls are fire related. The remaining 90% of the emergency calls are • Medical • Vehicle accidents with trapped or injured persons • Other rescue services • Hazardous material spills • Vehicle or residence lock outs involving infants or elderly persons.
F4:
Each fire service within the County of Santa Cruz has programs that teach children fire prevention and safety. The CDFFP has it's “Smokey the Bear” program, which it shares with other departments. Some departments use “Sparky” the dog in their programs. All of these programs are designed to teach children the following: • Not to play with fire • How to report a fire if they see one in their neighborhood • How to escape their home should it catch on fire • How to “stop, drop and roll” should their or someone else’s clothes catch on fire • The importance of smoke detectors, and maintaining them • How to reduce fire hazards in their homes
F5:
The fire protection services also have available two “burn trailers”. These are designed to simulate fires in the home and children can actually practice preventing fires as well as escaping from a burning home. The Scotts Valley Fire Protection District owns one of these burn trailers and the Zayante Fire Protection District owns the other. One of these simulation trailers is usually on display at the Santa Cruz County Fair each year.
F6:
All but two of the fire protection services in the county use volunteer firefighters. Some fire protection departments are almost exclusively supported by volunteer firefighters, with the exception of the Chief and one or two other staff.
F7:
According to newly enacted Regulations of the California Code a minimum of four firefighters, “two-in, two-out”, are required at the scene of a structure fire before firefighters may enter a burning structure. This requirement does not apply where there is an imminent threat to persons inside the structure. Some of the fire protection departments in the County do not have the firefighter staff to satisfy the “two-in, two-out” requirement. Review of Santa Cruz County Fire Protection Services 2000-01 Santa Cruz County Grand Jury Final Report
F8:
The following were found to be fire service obstacles common to all fire protection services, and therefore serve as the basis for many of the public education and public awareness campaigns waged by them. The education and awareness campaigns stress • Maintaining a safe zone of 30 feet to 100 feet around homes free from flammable vegetation • Private roads be @ cleared of brush @ clear of low hanging branches @ wide enough to accommodate fire engines • Post bridges with the maximum allowable weight limit • Post addresses to ensure visibility from the street • Multiple homes sharing a common private road, where the addresses are clustered at the entrance, should post each address again at the entrance to each property • Roofs and rain gutters should be cleared of flammable debris • Spark arrestors should be installed on all chimneys • Water sources such as pools and water storage tanks must be close enough to the house to be useful • Lack of adequate turn-around space for a fire engine
F9:
Application of Compressed Air Foam uses minimal water, resulting in hoses being lighter and more easily managed, and reducing the amounts of water required to be trucked to remote areas. The use of foam on a structure fire reduces the amount of water damage to the structure and contents.
F10:
The Santa Cruz County Fire Chiefs Association is an active association that promotes cooperation among the various firefighting services. In addition to the fire chiefs, the membership includes associate members from the cooperating fire service agencies such as ambulance service providers, helicopter transport providers, the County’s Emergency Medical Service Agency (EMS) and Cabrillo College. The Santa Cruz County Fire Chiefs Association • Conducts meetings at regular intervals to discuss matters pertinent to county-wide fire service issues • Promotes uniformity of the fire service throughout the county • Provides a medium of exchange of information and ideas among fire service personnel • Develops and coordinates solutions to fire service problems that are common throughout the county • Promotes the general welfare of the public and the fire service
F11:
The Fire Chiefs Association has an operations section that performs countywide training, which • Promotes uniformity of training and operations • Maintains, manages and improves mutual aid and automatic aid programs between agencies • Develops mutual training and drills • Develops solutions to common operational problems Review of Santa Cruz County Fire Protection Services 2000-01 Santa Cruz County Grand Jury Final Report
F12:
In accordance with a revenue sharing policy adopted in 1978 by the Santa Cruz County Board of Supervisors, the unincorporated area fire protection services receive a distribution of Proposition 172 funds for projects or items of benefit which have been recommended by the Santa Cruz County Fire Chiefs Association. This annual distribution is equivalent to twelve percent of the growth in Proposition 172 revenue. For fiscal year 2001-02, the Fire Chiefs Association plans to use these funds as follows: • 70% for training and training facility needs • 15% for communication system upgrades • 10% for fire prevention activities • 5% for development of special teams (hazardous materials, confined space rescue, etc.)
F13:
Some fire protection districts with limited resources have devised creative ways to increase their ability to provide services and to augment their annual revenues. For example, one fire protection district contracted with an ambulance service to house its ambulance and the paramedic staff, in exchange for rental income, cross training, night security and extra office assistance. Others hold pancake breakfasts and other community based fundraisers.
F14:
Volunteer firefighting programs provide introductory training and other opportunities to people who want to make firefighting their career or assist their community. When a fire department has an opening for a paid firefighter, it is usually filled from the ranks of the volunteer firefighters. Conclusions The budgets in some fire protection districts are too small to provide for a paid firefighter staff. Without volunteer firefighters in these areas, there would be inadequate fire protection. Volunteer firefighters as well as paid firefighters should be acknowledged for their valuable service to the community. To comply with the new law requirements of “two-in, two-out” in fighting structure fires, firefighters must wait until additional firefighters arrive at the scene before entering a structure. This increases the possibility of losing a structure or human life if a person is unable to make their presence known to the firefighters.
F15:
Job descriptions for the BCR&PD are not uniform in format. Some job descriptions are inadequate and lack basic information regarding the jobs. One job description contains inappropriate information such as committee findings. The job description for the general manager is adequate and in an accepted format, however has not been approved by the board.
F16:
According to the Policies and Procedures Manual, the BCR&PD general manager shall receive a performance evaluation annually. Her most recent evaluation was in December
F17:
Members of the 2000-01Grand Jury attended board meetings where derogatory remarks were made by one director regarding the general manager’s job performance.
F18:
The BCR&PD operated at a loss for fiscal year 2000-01. This shortfall was covered by district reserves.
F19:
Of 6,136 voters registered within Boulder Creek Recreation and Park District, 4,633 voted on November 7, 2000 in the BCR&PD board of director’s election. This represents greater than 75% voter turnout. Review of Boulder Creek Recreation and Park District
Additional Recommendations
2
Not linked to specific findings.
R1:
The Board of Supervisors should fund a countywide firefighting training facility that provides fire departments with “live structure fire” drills and standardize procedures.
R2:
Each fire protection service should explore the feasibility of Compressed Air Foam Systems. Under certain circumstances, this system could be a valuable tool in fighting some fires. Response Required Entity Recommendations Respond Within Board of Supervisors 1, 2 90 Days Review of Santa Cruz County Fire Protection Services 2000-01 Santa Cruz County Grand Jury Final Report Review of Boulder Creek Recreation and Park District
Additional Recommendations
7
Not linked to specific findings.
R1:
Board members should become educated on standard procurement practices and procedures.
R2:
The board should revise its purchasing policy to include competitive bidding and other standard safeguards for the following: • professional services • medical equipment or supplies • insurance • public utility services
R3:
Board members should not relinquish their responsibilities to nonelected individuals.
R4:
Board members should be aware of their responsibilities as a Special District’s Board member, including knowledge of the Brown Act. Literature or training on the Brown Act should be available to board members.
R5:
Minutes of board meetings should be thorough and accurate as to the identity of persons speaking, directors’ identities and issues discussed. Minutes and tape recordings of all meetings should be properly retained.
R6:
Tape recordings made at the direction of the district by directors, employees or consultants of public meetings should be considered public record.
R7:
The board should adopt by-laws or policies for governing the Central Fire Protection District. Response Required Entity Recommendations Respond Within Central Fire Protection District Board of Directors 1 – 7 90 Days Investigation of Complaint Concerning the Board of Directors of Central Fire Protection District 2000-01 Santa Cruz County Grand Jury Final Report Investigation of Complaint Concerning the Board of Directors of Central Fire Protection District 2000-01 Santa Cruz County Grand Jury Final Report Review of Santa Cruz County Fire Protection Services 2000-01 Santa Cruz County Grand Jury Final Report Review of Santa Cruz County Fire Protection Services
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Findings & Recommendations
13 findings
F1:
The California Planning and Zoning Law (Government Code §65300 et seq.) requires adoption of a comprehensive long-term General Plan that determines the development of the county.
F2:
The Board of Supervisors determines the annual allocation of the maximum number of building permits to be issued in accordance with Measure J’s growth management program. The 2001 building permits allocations are set at 0.5% over the number of housing units on December 31, 2000.
F3:
Land use codes and ordinances are broadly constructed and, therefore, susceptible to multiple interpretations. Review of the Santa Cruz County Planning Department 2000-01 Santa Cruz County Grand Jury Final Report Personnel Findings
F4:
The planning staff ’s responsibility is to explain to applicants the limitations imposed on the applicant’s use of their own property by (1) state laws, (2) county codes and (3) county ordinances. Often these rules conflict with the property owner’s desires.
F5:
Political influence by the Board of Supervisors places added pressure on the planning staff. Supervisors act for the best interest of their constituency. When membership on the board changes, direction from the supervisors changes.
F6:
City governments in the county and many neighboring counties pay higher salaries than Santa Cruz County does. Salaries in Santa Cruz County government are based on a nine- county comparison using Contra Costa, Fresno, Marin, Monterey, Napa, San Mateo, Santa Clara, Solano, and Sonoma.
F7:
Employee morale is low and turnover is at an unprecedented high. This resulted from failure in negotiations to successively challenge the nine-county comparison. At the peak, there were 24 vacancies in the department. This necessitated taking staff from the advanced planning section to cover shortfalls in other sections.
F8:
The personnel department has been unable to attract the necessary people with requisite qualifications to fill vacancies in the Planning Department staff. Some vacant positions are difficult to fill because they are classified as temporary positions. The Planning Department requested hiring an outside consultant to assume the recruitment effort.
F9:
According to interviews with employees, workloads continue to be excessive. Also, employee performance evaluations have not been conducted on a consistent basis.
F10:
The department has budgeted 125 computer classes, approximately one day’s training for each employee of the Planning Department. The managers of each section are responsible for budgeting additional training courses for staff as needed to enhance their skills.
F11:
The Planning Director has implemented a program to acquaint new hires with the operations of the department as well as familiarize current employees with functions of other areas within the department. Additional training for new hires is left to other employees in the area where the person works. The responsibility for ensuring that employees obtain continuing or additional training lies with each manager.
F12:
In the fall of 2000, the Planning Director has obtained approval from the Board of Supervisors for a new staff position devoted to training. This staff position will evaluate the training needs of the department and devise strategies and methods to satisfy those needs. Review of the Santa Cruz County Planning Department 2000-01 Santa Cruz County Grand Jury Final Report
F13:
The Planning Director proposed that employees be assigned to planning teams to be responsible for virtually all the development activity in a particular geographical area. Each team leader will be responsible for acquiring a thorough understanding of the assigned geographic location. Development Review Section Findings